Unemployment Benefits and Your Right to an Appeal
The Law Offices of Cyrus Mor provides legal services by an experienced EDD appeal lawyer. Our unemployment lawyer represents clients at California Unemployment Insurance Appeals Board (CUIAB) hearings. If you are not sure whether you require the services of an EDD Unemployment Attorney, contact us for a free phone consultation.
Mr. Mor has successfully recovered benefits for numerous clients and uses that experience to work aggressively as your unemployment attorney.
The Law Office of Cyrus Mor is committed to providing cost-effective representation to assist you as your EDD appeal attorney. He will analyze the evidence and facts of your case, prepare your written appeal, and will personally represent you at your EDD Appeal Hearing before an Administrative Law Judge.
If the EDD has denied your request for Unemployment Insurance Benefits, you have the right to file an appeal to challenge the EDD's decision.
Your appeal must be filed within 20 DAYS of the date listed on your EDD Notice of Determination. If more than 20 DAYS have lapsed, your appeal may be denied unless good cause can be shown for filing late.
The EDD will then forward your case to the California Unemployment Insurance Appeals Board (CUIAB) who will process your appeal and schedule you a hearing. The CUIAB will subsequently send you a Notice of Hearing at least 10 days prior to the hearing. The Notice of Hearing will include the date, time, and location of your hearing.
Since time is of the essence, Mr. Mor strongly recommends that you contact his office immediately.
In order to ensure that your limited resources are not wasted, our attorney will review your case in a free initial consultation. He can then provide you with honest feedback regarding your case.
In advance of your consultation, Mr. Mor encourages you to review the Unemployment Insurance eligibility requirements. Additional resources are available to help you understand the nature of the Unemployment Insurance Appeals process.
You can apply for Unemployment Insurance Benefits with the EDD (Employment Development Department) if you are currently unemployed or employed part-time. In order to receive Unemployment Benefits, you must be (1) ready to accept work, (2) physically able to work, (3) actively seeking work, and (4) unemployed due to no fault of your own.
The amount of benefits you can receive depends on your earnings during a specific 12 month period. Weekly benefit amounts range from a minimum of $40.00 to a maximum of $450.00. Your claim will remain effective for one year and you can receive from 12-26 weeks of Unemployment Benefits. If you file a claim for Unemployment, you will need to provide the EDD with information regarding your most recent employer and the reason(s) for which you are no longer working.
Fired from your job?
If you were discharged or terminated from your job, you still may be eligible to receive Unemployment Benefits if specific criteria are met. Approximately two weeks after you file a claim with the EDD, you will be contacted for a telephone interview to determine whether you qualify for Unemployment Benefits.
Quit your job?
If you quit your job you can still receive Unemployment as long as good cause existed for leaving your most recent employer. However, you must have made reasonable attempts to preserve your employment relationship prior to leaving. The burden will be on you to show good cause for voluntarily quitting.
If the EDD did not approve your claim for Unemployment, you have 20 days to file an appeal with the CUIAB. It will be helpful to have an attorney represent you at your hearing in order to help convey the facts of your case in a clear, concise, and organized manner. In some cases, documents will need to be introduced into evidence at your hearing along with any relevant witness testimony.
About Unemployment Insurance and Your Rights
Employees have the right to certain benefits under state law, including Unemployment Insurance, Family Leave Benefits. Any violation of employee rights can lead to serious problems for the employer. Managing these issues correctly is extremely important, and at The Law Offices of Cyrus Mor, we can help. Whether you are an employer or an employee, we have the legal skills to take your matter in hand and resolve it. Mr. Mor has served both employers and employees with personal, one-on-one service, and we never turn our clients over to an assistant, paralegal or legal secretary. You will be served by an attorney that takes a different approach than many law firms, and chooses to provide legal counsel directly to the client without trying to cut corners by having an employee do the work. You can get big-firm competence and knowledge, at reasonable rates, and you can be confident that we will set aside the time to work on your case so that it gets resolved as quickly as possible. At our firm, our clients are the priority.
Did you apply for UI benefits, and have your request denied? You have 20 days to appeal the decision. You want to ensure that every detail of your case is managed professionally, as the benefit are important to you and your family. The California Unemployment Insurance Appeals Board (CUIAB) then processes your appeal, and schedule a hearing to get the facts about your case. You must ensure that the presentation of your case is highly professional, and fully documented, as you can expect that your former employer will be providing information about why you should be denied. We are experienced in every detail of this process, as well as in filing the initial application, for employees seeking Family Leave Benefits, as well as those who need Disability Insurance Benefits.
Employers in Southern California deal with ongoing legal matters that can tie up resources and time that could be better used for other matters. At our firm, we take on legal issues related to employees who have filed claims for UI benefits that don't truly meet eligibility requirements, whether due to the employee quitting work and later asking for benefits, or other matter that is creating problems for your company. We are very clear in our understanding of how the EDD makes decisions on these matters, and we can help you by taking the issue off your plate and managing it professionally so you can get on with more important matters. We offer our services at reasonable rates, and legal counsel will be provided to you by an attorney who has set aside the time to assist you fully - not a paralegal or assistant. You can expect unmatched personal service, and the quality of legal representation you would expect from a big downtown firm, but without the facing the high costs that these firms could charge you.
Contact us for more information about EDD legal matters.