Legal Question in Employment Law in California

Can I sue the EDD

Hi, I had I question. Just recently I was called to our HR department here in the company, they asked me that Why was I collecting Unemployment insurance'' I responded that I wasn't. They recomended that I go see the EDD (Unemployement Development department). Well, it turns out that someone had been collecting unemployment insurance under my name for the past year. I then thought to myself how could the EDD let someone collect unemployment Ins. without checking there current work status,(in my case working for the past 3 years not unemployed), I heard they have to take those steps before giving unemployment insurance if it's mandatory for them to do it, can I put out a law suit on them for not taking the proper steps? and checking that I was employed and working.


Asked on 5/24/05, 11:08 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can I sue the EDD

What would you be suing the State of California for? What damages have you suffered? It is the State, via the EDD that has lost money by virtue of the fraud of someone else. What should happen is the person who made the fraudulent claim should be criminally prosecuted and sent to jail. If you wanted to sue him or her for identity theft, you could do that too.

By the way, it would be a good idea for you to get copies of your credit reports to make sure this person hasn't used your identity in other ways that may have caused you harm.

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Answered on 5/31/05, 2:29 pm


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