Wednesday, November 13, 2013
EDD slowly getting back to you? You are not alone....
A few of my clients were complaining to me about how slow it is for someone to get back to them. They've even sent a few emails with no response. Apparently, they are not alone. This article explains: "On Nov. 6, an Assembly committee held a hearing into the EDD problems. Several lawmakers said they'd heard numerous complaints from constituents, and some estimated nearly 150,000 claims had been delayed for weeks because of the computer system change." The new "system" has caused a great cloud of confusion and delays. It is frustrating! People are complaining to be waiting for months or even a year. Something that is set up as an "emergency fund" for people who were recently laid off should really act like an emergency fund.
Monday, November 11, 2013
What an attorney (me) does for EDD (unemployment insurance) appeals....
Friends and colleagues ask me why an attorney (aka, me) needs to be involved in EDD (unemployment insurance) hearings. Can't people do it themselves? Yes, but....
In cases where the employer appeals the case, it is a little easier, but not always.
But in cases where the employee is the one appealing, the burden is on the employee to put on his/her case.
I really only get involved when there is a complicated issue at an appeal. Most of the time the time I help people file an appeal when their claim was outright denied. This is very common, since the claimant's first appeal with the entire EDD-entity is a short phone interview. It seems to me that most of the time, the first interview is where the person's story got lost. It almost seems logical to me that this first interview is where people should have a lawyer help them.
I have been successful helping people at their appeals hearing mostly because I help claimants put together their case. I figure out what is really at issue, and what the judge will focus his/her energy on in the short amount of time allocated to the hearing. Most of the times, when someone gets let go, they get really upset and emotional. This is understandable. But, this often makes the person focus on the wrong thing when they go to their EDD hearing. I help clients bring their side of the story. I go through many phone interviews and fully understand what happened and what issues will come up at the hearing (and let them know not to worry, something they were embarrassed about is not going to come up). Sometimes I find a key evidence that the claimant didn't know was relevant.
Unemployment insurance codes and precedents (previous decisions) are a little quirky. Even seasoned attorneys in employment law don't necessarily understand the nuances of EDD. Sometimes a case can win in EDD but not as an employment lawsuit. I have talked to a few clients who went through a couple of attorneys who all told them they don't have a "case". Actually, they probably don't have an employment law case, but that doesn't mean they don't have a case for unemployment insurance.
Usually the claimant also has other underlying employment related issues, and getting unemployment insurance is my first step in helping them. Lawsuits can take a year, if not years, and labor board complaints can take a year or more to set a hearing. I usually recommend (and assist with) EDD hearings, then I help with other employment issues such as wrongful termination, breach of contract, discrimination, harassment, unpaid wages, misclassification of independent contractor, etc., all of which take much longer to resolve.
I believe this niche can really help people. Time is very rough for people who have just been fired or laid off or forced to quit. As an employment lawyer, my job is extremely emotional sometimes because I have to explain to them the reality of at-will employment. But, I explain that unemployment insurance is there to help people in this situation.
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.
In cases where the employer appeals the case, it is a little easier, but not always.
But in cases where the employee is the one appealing, the burden is on the employee to put on his/her case.
I really only get involved when there is a complicated issue at an appeal. Most of the time the time I help people file an appeal when their claim was outright denied. This is very common, since the claimant's first appeal with the entire EDD-entity is a short phone interview. It seems to me that most of the time, the first interview is where the person's story got lost. It almost seems logical to me that this first interview is where people should have a lawyer help them.
I have been successful helping people at their appeals hearing mostly because I help claimants put together their case. I figure out what is really at issue, and what the judge will focus his/her energy on in the short amount of time allocated to the hearing. Most of the times, when someone gets let go, they get really upset and emotional. This is understandable. But, this often makes the person focus on the wrong thing when they go to their EDD hearing. I help clients bring their side of the story. I go through many phone interviews and fully understand what happened and what issues will come up at the hearing (and let them know not to worry, something they were embarrassed about is not going to come up). Sometimes I find a key evidence that the claimant didn't know was relevant.
Unemployment insurance codes and precedents (previous decisions) are a little quirky. Even seasoned attorneys in employment law don't necessarily understand the nuances of EDD. Sometimes a case can win in EDD but not as an employment lawsuit. I have talked to a few clients who went through a couple of attorneys who all told them they don't have a "case". Actually, they probably don't have an employment law case, but that doesn't mean they don't have a case for unemployment insurance.
Usually the claimant also has other underlying employment related issues, and getting unemployment insurance is my first step in helping them. Lawsuits can take a year, if not years, and labor board complaints can take a year or more to set a hearing. I usually recommend (and assist with) EDD hearings, then I help with other employment issues such as wrongful termination, breach of contract, discrimination, harassment, unpaid wages, misclassification of independent contractor, etc., all of which take much longer to resolve.
I believe this niche can really help people. Time is very rough for people who have just been fired or laid off or forced to quit. As an employment lawyer, my job is extremely emotional sometimes because I have to explain to them the reality of at-will employment. But, I explain that unemployment insurance is there to help people in this situation.
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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