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Posted: 2008-08-04 16:12
I've never had to appeal a decision before. Does anyone know if, in CA, one appeals the decision, it will be reviewed and possibly overturned before being sent to the office of appeals at which point an appearance date is set? We would like to state our case for review but don't know if we actually want to take the time to appear-it would require having 4 people attend-some as witnesses.
Superior
Joined: Apr 18, 2002 Posts: 62
Posted: 2008-08-05 10:52
In Colorado we are allowed to participate in the appeal hearing by telephone. Maybe see if that option is available to you? It is far more convenient and worth the time.
mtaylor692
Joined: Feb 01, 2007 Posts: 101
Posted: 2008-08-05 17:30
I have been in this situation in CA. I am not sure where you are in the process so I am starting at the beginning.
The initial decision is made after the submitted documents are reviewed and possibly after some telephone interviews.
You receive a letter stating that either the person has been denied benefits or that the person is eligible for benefits and your account will be charged.
Either party can appeal that decision in writing and submit it to the EDD. If the ruling remains the same than the appeal will be forwarded and a hearing date will be set. If the ruling is changed, then more paperwork will be sent and again either party will be given the opportunity to appeal.
If one of the parties appeals the second decision then a hearing date will be set.
I have always been told to bring your witnesses in. However you can bring in statements from witnesses, but my experience with the Administrative Law Judges in CA is that they are VERY employee friendly, so you'd be better off having at least the supervisor/manager and HR present and every piece of paperwork you can get your hands on to support your argument.
kjmillerhr
Joined: Sep 02, 2008 Posts: 1
Posted: 2008-09-02 10:53
I have not had a recent appeal, but I have never had a decision reconsidered without a hearing. In other words, once you file an appeal, you are committing to a hearing. If you do not appear, the case is usually automatically found in favor of the party that does appear.
I agree with the other comment that you want to have your documentation and witnesses present. Depending on the circumstances, appearance by telephone is sometimes an option. A letter from a witness doesn't carry much weight, since the judge is unable to ask any folow-up questions or swear the person in.
GOwen
Joined: May 03, 2005 Posts: 3
Posted: 2008-09-02 11:53
Most all states unemployment insurance appeal divisions have both telephone and in person hearings. When you receive a copy of the notice of appeal, contact them about requesting a telephone hearing.
lda
Joined: Jul 10, 2007 Posts: 201
Posted: 2008-09-02 12:57
Despite all the malicious things I’ve said about CA I have to admit that some of the people at CA EDD have been quite fair and reasonable if we had our act together. Of course I could also tell some “You’re not going to believe this “type stories too. It’s kind of the-luck-of-the-draw.
Just have you documentation together, coach those closest to the issues to state the facts in a professional manner and not get drawn into an emotional exchange with the claimant.
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2008-09-02 14:16
I agree with Ida. I found that EDD was pro-employer rather than pro-employee, but I always had the documentation.
lda
Joined: Jul 10, 2007 Posts: 201
Posted: 2008-09-03 08:05
Nork: I wouldn't go so far as to call them employer friendly, but I have dealt with some individuals at EDD who were fair and willing to listen to our side of the story.
Of course there's the case of the ee collecting UEC for a "partial layoff" due to schedule reduction (she had restricted availability because she went back to school.)
And then there was the guy who ripped us off of a bunch and still collected UEC because the hearing officer wasn't convinced we'd sufficiently warned him that stealing stuff might get him fired.
And then there was this guy who was caught in the back room............
UIExperienced
Joined: Sep 05, 2008 Posts: 1
Posted: 2008-09-05 15:48
In 99 percent of the instances, once the appeals process is started, ie. you have protested that eligibility decision (this is after you have initially protested) the process continues until the hearing has taken place and then a decision is handed down. Very seldom is anything reviewed prior to the hearing, let alone reversed on its merits.
You will want to get all of your ducks in a row and be prepared, some judges can be brutal if you come in unprepared. I would say that you should bring your witnesses with (or have them on the phone if you have that type of hearing). In my experience, written statements tend to be treated as hearsay evidence in most cases. Also, be prepared with copies of policies, written documentation, and anything else that may be relevant (you usually have to send these types of documents in advance).
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Posted: 2008-08-04 16:12 
