Legal Question in Employment Law in California
California unemployment insurance, California training benefits
I have lost an appeal with the Unemployment ins board of appeals. I received written notice that decisions of the board are reviewable in superior court by way of a petition for writ of mandate pursuant to section 1094.5 of the code of civil procedure. What is the process for doing this? Do I need an attorney to do this? Can I file in small claims court instead? The amount involved is $4,830.00. Does it have to be filed in the county I live in? Please advise, Thank you
1 Answer from Attorneys
Re: California unemployment insurance, California training benefits
A writ of mandate is the correct appeal process when you have exhausted your appeals through EDD. When a writ is filed, a judge will review the record made of your case and decide if the Administrative Law Judge and the Appeals Board made an error of law or fact. The burden is on you to convince the judge that such an error occurred.
You cannot file a small claims case in this process, as the small claims court does not have jurisdiction to hear EDD appeals.
While you do not have to hire a lawyer to file a writ of mandate, this is no simple process as the writ must be properly plead to have any chance of success. You can learn more about this by researching in a law library or by retaining a lawyer. Of course, the problem you will find is that this is not the kind of case that a lawyer will take on a contingency basis. You will be charged a fee for his or her time. Considering the amount of money involved, you will need to think this over very carefully.
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