Legal Question in Employment Law in California
My daughter in law was on disability due to a neck injury which has been repaired and the doctor released her to return to work. Her previous employer filled her position, but has agreed to pay unemployment. She has not been able to find work and has applied for unemployment, but was turned down on the grounds that unemployment says she is unhealthy and can't work even though she has submitted the paperwork from her doctor stating she is health enough to return to the work force. Can unemployment make this kind of a determination and what should she do to correct this while looking for work?
1 Answer from Attorneys
She needs to submit a timely appeal within 20 days of the notice of denial. She should have been provided with the form to do so. A hearing will be scheduled and your daughter can provide any documentation necessary to prove to an Administrative Law Judge that she is able and available to work.
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