Legal Question in Administrative Law in California
Unemployment appeal denied
I was denied unemployment insurance in the appeals process. I submitted a written account of my reasons for appealing including a perfectly analogous precedent decision by the state appeals board. I didn't bring up the precedent during the hearing, figuring that my written submission would carry the day. The administrative law judge's opinion denying my appeal did not mention the precedent decision. When I appealed to the state appeals board, I resubmitted my written reason for appealing. Again I was denied and told that I wasn't allowed to submit new evidence.
Why did the administrative law judge ignore the evidence I submitted in my written reason for appeal? Should I have mentioned the precedent decision verbally?
3 Answers from Attorneys
Re: Unemployment appeal denied
It can be a bad idea to re-hash your written brief in oral argument, but if you feel that directly controlling authority is not being addressed, then yes, you should bring it up. As to the appeals judge saying that you could not bring up new evidence, case law is not evidence. I imagine there was more going on there than just this analogous case you speak of. It sounds like you're looking for catharsis, and I hope I've given it, but it doesn't sound like you have many options left to you, short of an appeal to the Cal. Supreme Ct.
Re: Unemployment appeal denied
It can be a bad idea to re-hash your written brief in oral argument, but if you feel that directly controlling authority is not being addressed, then yes, you should bring it up. As to the appeals judge saying that you could not bring up new evidence, case law is not evidence. I imagine there was more going on there than just this analogous case you speak of. It sounds like you're looking for catharsis, and I hope I've given it, but it doesn't sound like you have many options left to you, short of an appeal to the Cal. Supreme Ct.
Re: Unemployment appeal denied
It can be a bad idea to re-hash your written brief in oral argument, but if you feel that directly controlling authority is not being addressed, then yes, you should bring it up. As to the appeals judge saying that you could not bring up new evidence, case law is not evidence. I imagine there was more going on there than just this analogous case you speak of. It sounds like you're looking for catharsis, and I hope I've given it, but it doesn't sound like you have many options left to you, short of an appeal to the Cal. Supreme Ct.
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