Please sign this petition to stop the proposed law. This law will take away your right to defend a red light camera ticket in court in front of a judge ---- which you are constitutionally entitled to! Instead, there will be administrative courts set up by the city (funded by these ticket companies apparently), with absolutely NO constitutional protection. Most importantly, a defendant has a right to exercise 5th Amendment right to remain silent, meaning a defendant does not have to rat out the "real driver". This proposed law will destroy this constitutional right --- among other constitutional rights. Also, if you invoke your right to remain silent, you will be held liable for the fine.
http://stopab666.org/
Tuesday, March 26, 2013
Friday, March 22, 2013
Setting some short term (marketing) goals....
Solo life can be up and down. Some days you will have a billion things to do, and barely have any time to eat. Some days the phone will never ring and you take the dog out for a walk every other hour. So, to keep myself on track, and not lose focus or motivation on those off-days, I decided to set myself mini goals. I learned this from when I was working at a real estate office while I was waiting for my bar results. Realtors are really on top of marketing, and believe in the importance of marketing even when you are busy. The realtor I worked for sent out thank you cards to her former clients, even though her business was booming, and she was already working around the clock. She believed that in the short run it wouldn't matter if she didn't do any continuous marketing, but in the long run, her business will suffer. So now I always devote a portion of my time doing marketing. Marketing doesn't have to be the traditional sending out flyers kind of marketing. When you go to your local bar association happy hour and network with other attorneys, that is still marketing (at least I consider it to be). So alongside my calendar of project/cases, I have a separate section on my calendar with some of my short term marketing goals. Here are some goals I decided on. Some of these I give myself a goal to do once a week, or once a month, etc.
1. Reach out to another attorney for advice.
I will always need other attorneys for advice. There is just too much info out there for one attorney to possibly know. Different attorneys will always have different styles of doing things. I have always learned something from another attorney, regardless if I agree with them or not on the subject.
So, I set myself a goal of reaching out to an attorney for advice- either for an opinion on what I plan to do with my case, or for advice about marketing. I try to reach out to an attorney who is practicing in a different field, just so I can learn from a totally different angle. I do this by cold-calling, or cold-emailing even. I always respond when another attorney asks me about my appearance work (which I write alot about), so I hope other attorneys will respond to me if I seek their advice.
2. Reach out to a non-attorney.
Many attorneys rely on other attorneys for referrals and business. I also wanted to focus on reaching out to the potential clients, and letting them know about my services. I set myself a goal going to networking events that are NOT attorney-based. I go to the local chamber of commerce events to meet local business owners. One attorney told me to just put myself out there, and I took that advice to heart. Another attorney says to keep networking the old-fashioned way, and that it may be slow at first, but it will be good in the long run. I am an introvert and excruciatingly shy (even though I have a blog!), so going to networking event is really hard for me too. To combat this, I lock in one event on my calendar per week and commit myself to that event. This way I feel the pressure as if it was an actual job.
3. Write one blog (per week) to document my journey.
When I started out, I did a search all over the internet to find info and advice from other new solo attorneys. I didn't find much online. I was lucky in that I met other young attorneys whom I continuously call or email for advise all the time, for every little thing imaginable that they don't teach you in law school or in the books. I also found there was little to none advise (nor practice guide!) about doing special appearances. So I started blogging. And with the inquiries from other attorneys about my blog, I got the encouragement to keep going. Thank you!
4. Read one area of law that I am interested in. Or read up on an area of law that I had a few people inquire about, but I didn't know the answer at that time. Chances are, those are the kinds of problems that are out there and will come up again.
As an entrepreneur at heart, I read Inc. and Entrepreneur magazine like a junkie. One article stresses the need for small business to keep learning, and expand/shift as the market needs. I believe this applies to a law business as well. This is why I keep reading and studying on new and exiting laws or practice areas- either because I want to expand in that area, or I just want to keep afresh on the latest development. One trick I have learned from another attorneys is to set google alert for the topic I am focusing on, for example "red light camera ticket", and set aside 15-20 minutes each morning reading the trends and changes in law. This is important because I need to keep up with the latest developments in order to better advise my client. I also go to the law library and pick up a practice guide on a subject I am interested in. These books are huge (Matthew Benders, CEBs, etc.). I found a really good alternative is actually the Nolo guides--- yes, attorneys read them too. I find they have the best short-to-the-point summary (though it is really written for how a layperson would proceed with the matter, so it wouldn't advise an attorney how to proceed with the matter). Sometimes I read the book and decide to "pass" on a certain area I am just not interested in. Sometimes I read the book and decide this is really an interesting and fun subject, and devote more time becoming an expert in that area.
While I am on the subject of marketing...
Keep up with online marketing. If you are trying out online marketing, like doing google ads, don't give up just yet. I have been told it takes anywhere from a month to 6 months for the effect of online marketing to pay off. I actually believe this. I have done marketing on the internet and have almost gave up after a few months. Right when I was about to give up, something follows through.
1. Reach out to another attorney for advice.
I will always need other attorneys for advice. There is just too much info out there for one attorney to possibly know. Different attorneys will always have different styles of doing things. I have always learned something from another attorney, regardless if I agree with them or not on the subject.
So, I set myself a goal of reaching out to an attorney for advice- either for an opinion on what I plan to do with my case, or for advice about marketing. I try to reach out to an attorney who is practicing in a different field, just so I can learn from a totally different angle. I do this by cold-calling, or cold-emailing even. I always respond when another attorney asks me about my appearance work (which I write alot about), so I hope other attorneys will respond to me if I seek their advice.
2. Reach out to a non-attorney.
Many attorneys rely on other attorneys for referrals and business. I also wanted to focus on reaching out to the potential clients, and letting them know about my services. I set myself a goal going to networking events that are NOT attorney-based. I go to the local chamber of commerce events to meet local business owners. One attorney told me to just put myself out there, and I took that advice to heart. Another attorney says to keep networking the old-fashioned way, and that it may be slow at first, but it will be good in the long run. I am an introvert and excruciatingly shy (even though I have a blog!), so going to networking event is really hard for me too. To combat this, I lock in one event on my calendar per week and commit myself to that event. This way I feel the pressure as if it was an actual job.
3. Write one blog (per week) to document my journey.
When I started out, I did a search all over the internet to find info and advice from other new solo attorneys. I didn't find much online. I was lucky in that I met other young attorneys whom I continuously call or email for advise all the time, for every little thing imaginable that they don't teach you in law school or in the books. I also found there was little to none advise (nor practice guide!) about doing special appearances. So I started blogging. And with the inquiries from other attorneys about my blog, I got the encouragement to keep going. Thank you!
4. Read one area of law that I am interested in. Or read up on an area of law that I had a few people inquire about, but I didn't know the answer at that time. Chances are, those are the kinds of problems that are out there and will come up again.
As an entrepreneur at heart, I read Inc. and Entrepreneur magazine like a junkie. One article stresses the need for small business to keep learning, and expand/shift as the market needs. I believe this applies to a law business as well. This is why I keep reading and studying on new and exiting laws or practice areas- either because I want to expand in that area, or I just want to keep afresh on the latest development. One trick I have learned from another attorneys is to set google alert for the topic I am focusing on, for example "red light camera ticket", and set aside 15-20 minutes each morning reading the trends and changes in law. This is important because I need to keep up with the latest developments in order to better advise my client. I also go to the law library and pick up a practice guide on a subject I am interested in. These books are huge (Matthew Benders, CEBs, etc.). I found a really good alternative is actually the Nolo guides--- yes, attorneys read them too. I find they have the best short-to-the-point summary (though it is really written for how a layperson would proceed with the matter, so it wouldn't advise an attorney how to proceed with the matter). Sometimes I read the book and decide to "pass" on a certain area I am just not interested in. Sometimes I read the book and decide this is really an interesting and fun subject, and devote more time becoming an expert in that area.
While I am on the subject of marketing...
Keep up with online marketing. If you are trying out online marketing, like doing google ads, don't give up just yet. I have been told it takes anywhere from a month to 6 months for the effect of online marketing to pay off. I actually believe this. I have done marketing on the internet and have almost gave up after a few months. Right when I was about to give up, something follows through.
Saturday, March 9, 2013
Deferred Action (Part 2 Guidelines)
How do you show you met the guidelines? DHS will make determination on a case-by-case basis. Individuals will need to show they meet all the guidelines through verifiable documentations.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012
You also must be at least 15 (if you have never been in removal proceedings, or if you were in proceedings, that has been terminated before your application for deferred action). This doesn’t apply if you are in removal proceedings, meaning you can be under 15 in that situation.
2. Came to the United States before reaching your 16th birthday;
This can be: passport with admission stamp, Form I-94/I-95/I-94W, school records from the U.S. schools you have attended, any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear), travel records, hospital or medical records.
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
This is the “travel” requirement. Travel on or after June 15, 2007, and before Aug. 15, 2012 can be considered brief, casual and innocent absence, and will not interrupt the continuous residence requirement if: the absence was short and reasonably calculated to accomplish the purpose for the absence, the absence was not because of an order of exclusion, deportation or removal; the absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation or removal proceedings; and the purpose of the absence and/or your actions while outside the United States were not contrary to law. However, after Aug. 15, 2012, if you travel outside of the United States before USCIS has determined whether to defer action in your case, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS (advance parole requests will be considered on a case-by-case basis).
Evidence of your continuous residence may include: rent receipts or utility bills, employment records (pay stubs, W-2 Forms, etc.), school records (letters, report cards), military records, official records from a religious entity confirming participation in a religious ceremony, copies of money order receipts for money sent in or out of the country, passport entries, birth certificates of children born in the U.S,. dated bank transactions, social Security card, automobile license receipts or registration, deeds, mortgages, rental agreement contracts, tax receipts, insurance policies. You don’t have to show ALL of these, and there are other evidence you may use as well.
USCIS recommends that you submit documentation that shows you have been living in the United States from June 15, 2007 up until the time of your request, meaning documents showing you were living in the U.S. for each year of that period. Gaps in documentation may raise doubt to the continued residence requirement.
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
You will need documentation to show that you were present in the U.S. on June 15, 2012, and the date you file your application.
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
To be considered “currently in school”, you must be enrolled in school (or a GED program) on the date you submit a request for consideration of deferred action under this process. If you are in a private program, USCIS has its own set of guidelines to determine if this qualifies under the guideline. You can show evidence you are currently in school may be: acceptance letters, school registration cards, letters from school or program, transcripts, report cards, or progress reports showing the name of the school or program, date of enrollment, and current educational or grade level, if relevant. You can show evidence that you have graduated from high school with a high school diploma, GED certificate, certificate of completion, certificate of attendance, or evidence you have passed a GED exam. In certain circumstances, you can also make the education qualification if you are enrolled in a literacy or career training program. If you are enrolled in an ESL program, you may meet the guidelines only if you are enrolled in an ESL program as a prerequisite for your placement in postsecondary education, job training, or employment and where you are working toward such placement. For educational guidelines, you must provide direct documentary evidence, not circumstantial evidence (meaning you will need concrete paper evidence).
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
This part is more complicated than I can cover for purposes of this blog. If you do have an issue with meeting this part, you should consult an attorney first.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice. As I have explained in Part 1, all of this information can be found from the USCIS website.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012
You also must be at least 15 (if you have never been in removal proceedings, or if you were in proceedings, that has been terminated before your application for deferred action). This doesn’t apply if you are in removal proceedings, meaning you can be under 15 in that situation.
2. Came to the United States before reaching your 16th birthday;
This can be: passport with admission stamp, Form I-94/I-95/I-94W, school records from the U.S. schools you have attended, any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear), travel records, hospital or medical records.
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
This is the “travel” requirement. Travel on or after June 15, 2007, and before Aug. 15, 2012 can be considered brief, casual and innocent absence, and will not interrupt the continuous residence requirement if: the absence was short and reasonably calculated to accomplish the purpose for the absence, the absence was not because of an order of exclusion, deportation or removal; the absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation or removal proceedings; and the purpose of the absence and/or your actions while outside the United States were not contrary to law. However, after Aug. 15, 2012, if you travel outside of the United States before USCIS has determined whether to defer action in your case, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS (advance parole requests will be considered on a case-by-case basis).
Evidence of your continuous residence may include: rent receipts or utility bills, employment records (pay stubs, W-2 Forms, etc.), school records (letters, report cards), military records, official records from a religious entity confirming participation in a religious ceremony, copies of money order receipts for money sent in or out of the country, passport entries, birth certificates of children born in the U.S,. dated bank transactions, social Security card, automobile license receipts or registration, deeds, mortgages, rental agreement contracts, tax receipts, insurance policies. You don’t have to show ALL of these, and there are other evidence you may use as well.
USCIS recommends that you submit documentation that shows you have been living in the United States from June 15, 2007 up until the time of your request, meaning documents showing you were living in the U.S. for each year of that period. Gaps in documentation may raise doubt to the continued residence requirement.
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
You will need documentation to show that you were present in the U.S. on June 15, 2012, and the date you file your application.
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
To be considered “currently in school”, you must be enrolled in school (or a GED program) on the date you submit a request for consideration of deferred action under this process. If you are in a private program, USCIS has its own set of guidelines to determine if this qualifies under the guideline. You can show evidence you are currently in school may be: acceptance letters, school registration cards, letters from school or program, transcripts, report cards, or progress reports showing the name of the school or program, date of enrollment, and current educational or grade level, if relevant. You can show evidence that you have graduated from high school with a high school diploma, GED certificate, certificate of completion, certificate of attendance, or evidence you have passed a GED exam. In certain circumstances, you can also make the education qualification if you are enrolled in a literacy or career training program. If you are enrolled in an ESL program, you may meet the guidelines only if you are enrolled in an ESL program as a prerequisite for your placement in postsecondary education, job training, or employment and where you are working toward such placement. For educational guidelines, you must provide direct documentary evidence, not circumstantial evidence (meaning you will need concrete paper evidence).
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
This part is more complicated than I can cover for purposes of this blog. If you do have an issue with meeting this part, you should consult an attorney first.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice. As I have explained in Part 1, all of this information can be found from the USCIS website.
Deferred Action (Part 1 Overview)
I get a lot of calls regarding Deferred Action, or “Dream Act”. I took some time to go through the USCIS website, and summarized an overview in this blog. This is not intended to be legal advice. Please, always consult an attorney for specific details about the law. All of this information can be found from USCIS (U.S. Citizenship and Immigration Service), with more in-depth details as to the requirements and process.
What is deferred action? I’m sure most of you have heard on June 15, 2012, the Secretary of Homeland Security announced relief that allows certain people to request for “consideration of deferred action” (dream act/DACA).
This means if some one qualifies, removal action will be deferred for two years. The deferral can be renewed as well after the two years. Also, the person that qualifies for this relief can be eligible for work authorization (provided he or she can demonstrate “an economic necessity for employment”).
Who qualifies? There are requirements that must be met, BUT keep in mind this relief is a discretionary determination. Deferred action, like its name suggests, defers the case. Prosecutorial discretion is discretion to pursue a case for removal, and deferred action means deferring the case for removal. It is a temporary stay. Also, DHS makes it clear on the website: DHS can terminate or renew deferred action at any time, at the agency’s discretion.
However, keep in mind that deferred action does not provide an individual with lawful status. It does need to be renewed every two years, and so it is a temporary status. (Don’t confuse this with lawful presence. If the person approved for deferred action, that person is not considered to be unlawfully present during the period in which deferred action is in effect. Meaning, the period of deferred action will not count toward unlawful presence for future inadmissibility.) Also, deferred action does not confer lawful permanent resident status or a path to citizenship.
Purpose? The way Department of Homeland Security (DHS) explains on the USCIS website, DHS is making a change to prioritize its immigration cases. They explain that they are making “unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system”, meaning, they want to focus on the high priority removal cases first. The high priority cases will be individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders. Therefore, DHS will use discretion to not waste time and resources on low priority cases.
Who are the low priority cases? People (mostly who came to the U.S. as children) who meet the guidelines can request consideration of deferred action.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor (for more on DACA and DUI), three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please see next blog post for specifics as to the guidelines.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice.
What is deferred action? I’m sure most of you have heard on June 15, 2012, the Secretary of Homeland Security announced relief that allows certain people to request for “consideration of deferred action” (dream act/DACA).
This means if some one qualifies, removal action will be deferred for two years. The deferral can be renewed as well after the two years. Also, the person that qualifies for this relief can be eligible for work authorization (provided he or she can demonstrate “an economic necessity for employment”).
Who qualifies? There are requirements that must be met, BUT keep in mind this relief is a discretionary determination. Deferred action, like its name suggests, defers the case. Prosecutorial discretion is discretion to pursue a case for removal, and deferred action means deferring the case for removal. It is a temporary stay. Also, DHS makes it clear on the website: DHS can terminate or renew deferred action at any time, at the agency’s discretion.
However, keep in mind that deferred action does not provide an individual with lawful status. It does need to be renewed every two years, and so it is a temporary status. (Don’t confuse this with lawful presence. If the person approved for deferred action, that person is not considered to be unlawfully present during the period in which deferred action is in effect. Meaning, the period of deferred action will not count toward unlawful presence for future inadmissibility.) Also, deferred action does not confer lawful permanent resident status or a path to citizenship.
Purpose? The way Department of Homeland Security (DHS) explains on the USCIS website, DHS is making a change to prioritize its immigration cases. They explain that they are making “unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system”, meaning, they want to focus on the high priority removal cases first. The high priority cases will be individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders. Therefore, DHS will use discretion to not waste time and resources on low priority cases.
Who are the low priority cases? People (mostly who came to the U.S. as children) who meet the guidelines can request consideration of deferred action.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor (for more on DACA and DUI), three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please see next blog post for specifics as to the guidelines.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice.
Friday, March 8, 2013
Small Claims... now from personal experience...
I actually had to go to small claims recently. Previously I blogged about the overall process of small claims. Now I can supplement that blog with a few pointers.
If you do file the paperwork with additional information, like the declaration, it will not be read until the day of the hearing. What does this mean? This means the case will be fast. The judge will not know any of the facts that you have prepared on your complaint until the day of. Oftentimes, there will be tens of other cases in the same time slot as your case. So you really have one shot at putting together your story--- be prepared!
I don't know about other counties, but in Ventura, there is a group of mediators assigned to small claims court. They will try to mediate every claim before it actually goes before a judge. This group of mediators in Ventura is really good in my opinion. They are really professional and quite friendly. They make the whole process easier and less stressful. In my case we actually did mediate to a settlement, so we did not need to have an actual trial. I don't know if this is standard practice for other counties, but in my opinion it is a pretty good resource. I would highly recommend pursuing mediation even if you have a small claims matter pending.
Bring all your evidence to small claims. Make sure you have a copy of all your physical evidence, because you will be required to provide that to your opponent. If you ever had to mail a demand letter or any other kind of evidence to the opponent that would be relevant to your small claims case, you should send this via certified mail. The reason for this is that the opponent might say that they never received it. If you have a receipt of your certified mail, that will make your claim stronger.
Also, if you are the plaintiff in a small claims case (you are the one suing), and the defendant (the person you are suing) has a cross claim against you, they have to serve you with notice of the cross claim in time. If they only notify you on the day of the hearing, you have a right to continue the case, because you were not served (or notified) of the claim against you. In my case it was waived, because we reached a settlement (and I did not want to have to come back to court). But if it is important to you to have time for a counter-defense, then remember you have the right to a continuance.
If you do file the paperwork with additional information, like the declaration, it will not be read until the day of the hearing. What does this mean? This means the case will be fast. The judge will not know any of the facts that you have prepared on your complaint until the day of. Oftentimes, there will be tens of other cases in the same time slot as your case. So you really have one shot at putting together your story--- be prepared!
I don't know about other counties, but in Ventura, there is a group of mediators assigned to small claims court. They will try to mediate every claim before it actually goes before a judge. This group of mediators in Ventura is really good in my opinion. They are really professional and quite friendly. They make the whole process easier and less stressful. In my case we actually did mediate to a settlement, so we did not need to have an actual trial. I don't know if this is standard practice for other counties, but in my opinion it is a pretty good resource. I would highly recommend pursuing mediation even if you have a small claims matter pending.
Bring all your evidence to small claims. Make sure you have a copy of all your physical evidence, because you will be required to provide that to your opponent. If you ever had to mail a demand letter or any other kind of evidence to the opponent that would be relevant to your small claims case, you should send this via certified mail. The reason for this is that the opponent might say that they never received it. If you have a receipt of your certified mail, that will make your claim stronger.
Also, if you are the plaintiff in a small claims case (you are the one suing), and the defendant (the person you are suing) has a cross claim against you, they have to serve you with notice of the cross claim in time. If they only notify you on the day of the hearing, you have a right to continue the case, because you were not served (or notified) of the claim against you. In my case it was waived, because we reached a settlement (and I did not want to have to come back to court). But if it is important to you to have time for a counter-defense, then remember you have the right to a continuance.
What to do when your employer appeals your EDD unemployment claim in California....
Recently, I helped a client do some work for EDD (unemployment) and another claim for unpaid wages. Interestingly, both processes could be done without a lawyer (you do not need to hire a lawyer to appear for you). But, the information and paperwork involved was complicated even for me to figure out, so it might be good to hire a lawyer to help you with preparing your case.
If you applied for EDD recently, and your employer is appealing your claim, don't panic yet. EDD will set an appeal hearing, where both sides will present their case. Hearings are set pretty fast. In the meantime you should put in some work to prepare your case. When EDD sends you the notice of appeal, they will send you the information on what it is the employer is appealing. This will include the code sections under Unemployment Insurance. Once you have those, look up those codes (EDD website should have this, or do a google search for that code). At the hearing, the judge will mainly be concerned over the issue in the code. So, don't spend too much time gathering details about unpaid meal breaks, when the issue is over whether you resigned voluntarily (because it will not be heard). You will need evidence to defend your position. This means paper documents- emails, screen shot printouts of texts, employee handbooks, contracts, or whatever it is that helps you prove what you are trying to prove. When you bring evidence to the hearing, you need to have 3 copies- one for you, one for the judge, one for the other side (also, always keep originals for yourself). It will be helpful if you have a witness go to the hearing with you to testify on your behalf. However, this is not always possible because your witnesses have work/school and it might be hard for them to take time off. If it is possible for them to be available over a phone during your hearing, do so. You will have to contact the appeal office and ask to set up a phone conference for your witness to call in during your hearing. If your witness cannot do either, then ask if they can prepare for a declaration. A declaration is a written statement under penalty of perjury, so make sure the witness is writing this and writing on what they know (do not write one for them and ask them to sign it; this is also why it will be a good idea to seek legal help on this). You should fax the declaration(s) to EDD early enough so they can prepare it for the judge and send a copy to the other side, prior to the hearing.
Here is the website for EDD if you need official information. This link is to the Employer page, which has info on the appeal.
http://www.edd.ca.gov/Unemployment/More_Employer_Information.htm
On the day of the hearing, they say to get there 15 minutes early. You should probably get there at least half an hour early. You will have to check in, and the office will give you your case file to review. This is a good opportunity to look through and see if the employer has sent in anything else that you have not been copied on. EDD hearings are conducted by administrative judges. The setting is informal compared to something like civil court, so it can be a little less stressful. Always, always, be respectful to the judge (and never talk over the judge!). If you do not understand something, ask. One tip from a colleague of mine- always answer the question that the judge asks. Take notes when the other side is testifying. You should note down things that you dispute. When it is your turn to ask them questions (or cross examine), you will ask questions about those items that you dispute. I recommend taking notes because the testimony will be fast, and full of information, and you will easily forget what issues you have to go back on. Also, before the hearing you should make an outline or checklist of facts you need to say at the hearing, and go back through them at the end to make sure those are brought up.
After the hearing is done, the judge will prepare a decision and mail it out to both parties. This can be quite fast. The decision itself can be quite lengthy because the judge will discuss EDD case laws (precedents). Also, you have a right to appeal the decision (see online). There is also a video on the EDD website on what to expect at the hearing that is pretty accurate. Overall the EDD website is really helpful, so spend some time on this before going in the hearing.
Hope this helps. I hope to write about pursuing unpaid wage claims in an upcoming article.
I am an attorney in California. I have successfully pursued cases against employers on behalf of my clients. If you feel that you have a case, let me know at attorneycharlottelin@gmail.com. See more information on employment law on my new website at www.lincharlotte.com.
If you applied for EDD recently, and your employer is appealing your claim, don't panic yet. EDD will set an appeal hearing, where both sides will present their case. Hearings are set pretty fast. In the meantime you should put in some work to prepare your case. When EDD sends you the notice of appeal, they will send you the information on what it is the employer is appealing. This will include the code sections under Unemployment Insurance. Once you have those, look up those codes (EDD website should have this, or do a google search for that code). At the hearing, the judge will mainly be concerned over the issue in the code. So, don't spend too much time gathering details about unpaid meal breaks, when the issue is over whether you resigned voluntarily (because it will not be heard). You will need evidence to defend your position. This means paper documents- emails, screen shot printouts of texts, employee handbooks, contracts, or whatever it is that helps you prove what you are trying to prove. When you bring evidence to the hearing, you need to have 3 copies- one for you, one for the judge, one for the other side (also, always keep originals for yourself). It will be helpful if you have a witness go to the hearing with you to testify on your behalf. However, this is not always possible because your witnesses have work/school and it might be hard for them to take time off. If it is possible for them to be available over a phone during your hearing, do so. You will have to contact the appeal office and ask to set up a phone conference for your witness to call in during your hearing. If your witness cannot do either, then ask if they can prepare for a declaration. A declaration is a written statement under penalty of perjury, so make sure the witness is writing this and writing on what they know (do not write one for them and ask them to sign it; this is also why it will be a good idea to seek legal help on this). You should fax the declaration(s) to EDD early enough so they can prepare it for the judge and send a copy to the other side, prior to the hearing.
Here is the website for EDD if you need official information. This link is to the Employer page, which has info on the appeal.
http://www.edd.ca.gov/Unemployment/More_Employer_Information.htm
On the day of the hearing, they say to get there 15 minutes early. You should probably get there at least half an hour early. You will have to check in, and the office will give you your case file to review. This is a good opportunity to look through and see if the employer has sent in anything else that you have not been copied on. EDD hearings are conducted by administrative judges. The setting is informal compared to something like civil court, so it can be a little less stressful. Always, always, be respectful to the judge (and never talk over the judge!). If you do not understand something, ask. One tip from a colleague of mine- always answer the question that the judge asks. Take notes when the other side is testifying. You should note down things that you dispute. When it is your turn to ask them questions (or cross examine), you will ask questions about those items that you dispute. I recommend taking notes because the testimony will be fast, and full of information, and you will easily forget what issues you have to go back on. Also, before the hearing you should make an outline or checklist of facts you need to say at the hearing, and go back through them at the end to make sure those are brought up.
After the hearing is done, the judge will prepare a decision and mail it out to both parties. This can be quite fast. The decision itself can be quite lengthy because the judge will discuss EDD case laws (precedents). Also, you have a right to appeal the decision (see online). There is also a video on the EDD website on what to expect at the hearing that is pretty accurate. Overall the EDD website is really helpful, so spend some time on this before going in the hearing.
Hope this helps. I hope to write about pursuing unpaid wage claims in an upcoming article.
I am an attorney in California. I have successfully pursued cases against employers on behalf of my clients. If you feel that you have a case, let me know at attorneycharlottelin@gmail.com. See more information on employment law on my new website at www.lincharlotte.com.
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