Legal Question in Employment Law in California

I was an asst mgr for 2yrs at a store and walked out along with 6 other people the same day over the same reason and someone was approved for edd benifits who only worked there 8 months and i worked longer and got denied. isnt that prejudice?


Asked on 10/15/09, 2:43 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Prejudice based on what? Race? Gender? Each case is determined on its own merits. A judge reviews the evidence presented and makes a decision based on the facts submitted in that hearing. It could simply be that the other employee put on a better case than you did.

If you believe you received an incorrect decision, the proper avenue for you to follow is to appeal to the appeals board within the permitted time to do so.

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Answered on 10/15/09, 2:58 pm
Raymond Chandler Law Office of Raymond Chandler

First, you must file an appeal in the proper amount of time. Second, at the appeal it is not enough just to explain what happened. You have to know the law and be able to explain why the facts of your case make you elligible under the law. You can't assume that the appeals judge knows the law, or that he/she will apply the law. You must spoon feed it to them. I suggest that you and all of the others who were denied benefits hire a lawyer who specializes in that area of law.

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Answered on 10/15/09, 6:08 pm


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