How to Handle Unemployment Insurance Disputes in California?
Unemployment Insurance, or UI, is a state-provided unemployment benefits program of weekly payments to eligible employees. It is funded by various state taxes on the employers. Normally, workers get unemployment compensation for up to 26 weeks when they lose their job. However, you will not be eligible for this benefit if you quit the job voluntarily or get fired for a fair reason. The US Department of Labor deals with this insurance program. If you are still trying to get the benefits of unemployment insurance in California, go through this article to find a better approach.
Successive Steps for Handling Unemployment Insurance Disputes in California
Seek legal assistance
Consult a labor attorney to determine your eligibility for the unemployment insurance program. You need to fulfill some requirements to avail the unemployment insurance in California. You must meet the state-mandated limit of earned wage or working hours. Secondly, the reason for unemployment can not be your fault. If you meet these requirements, you can proceed to file an unemployment insurance claim.
File an unemployment appeal
If your claim for unemployment insurance gets denied, you can proceed with an appeal. The California Employment Development Department explains the reason for denial in the Notice of Determination. If you still want to appeal, you will have 20 days. In the appeal, you must address why you should receive unemployment benefits. You must file weekly claims, search for a job and keep job search records during the appeal process.
Attend the hearing
After receiving the appeal, EDD will review it. If they decide you should have the CA unemployment insurance benefits, you will be notified. Otherwise, the case will be transferred to the Office of Appeals. Then you must attend a hearing before the Administrative Law Judge (ALJ). If you are outside California, the hearing will occur by phone or in person.
Submit proper evidence
At the hearing, you will have to submit all the relevant evidence. Also, present your eyewitness of the event to the ALJ, as it is the best evidence. Present your critical documents at the hearing to prove your claim.
Second level appeals
ALJ will finally issue a written decision. You will have to act according to the appeal decision. If it is in your favor, you have won the appeal and will get unemployment benefits. If not, you may file another appeal with the Appeal Board.
File a petition
If unsatisfied with the Appeal Board’s decision, you can file a Writ of Mandate within six months. You can file a petition to the California Superior Court. In this way, you can deal with the unemployment insurance in CA.
Final Words
The legal steps for handling the unemployment insurance dispute have been discussed above. Dealing with the case of unemployment insurance may seem tiresome to you. If you make an appropriate plan and proceed towards the plan, it will be worthwhile. Hopefully, the instructions mentioned in this article will be beneficial for you to win the claim for unemployment insurance in California.
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