California Employment Law
California Employment Law Questions Answered by Legal Experts
If I have additional questions (I know, I should have waited before I clicked the Accept button). Can you answer or do I need to start a new question? Or can I append money (say $10) to the original question? Thank you
Thank you for your generosity. I'm really worried about this and sometimes it's hard to decipher EDD and their rules.
I found this online re the timeliness period and wondered if it could pertain to me.
The department shall, at the request of the claimant, extend the period prescribed for the filing of a new, additional, continued or reopened . . . claim . . . if the department finds that the failure of the individual to file any such claim . . . within the prescribed time was due to good cause, including, but not limited to, any of the following:
(A) He or she acted reasonably in informing the department of pertinent facts and of the need for specific advice as to his or her rights and duties.
(B) The department's advice was intended by the department to be the basis of his or her conduct or he or she reasonably believed the advice was so intended, or he or she reasonably relied upon the department which failed to provide advice reasonably necessary to the protection of his or her rights or the understanding of his or her duties.
(C) He or she was not aware that the department's advice was misleading, incomplete or erroneous, or through no fault or inexcusable neglect on his or her part was not aware of the true information concerning his or her rights or duties.
(7) Mistake, inadvertence, surprise or excusable neglect. However, "good cause" does not include negligence, carelessness, or procrastination, in the absence of circumstances excusing these causes for delay.
It would seem that informing me that my claim was "exhausted" would come under the heading of misleading info because it wasn't exhausted at all.
I also sent an email to EDD on 12/17 asking for clarification of my claim status. Would this count as evidence that I was being vigilant? (and that I wasn't procrastinating or being careless) (They responded on 12/23 but I emailed it 12/17--it took them a whole week to respond, which added to the lag time)
As I said, I have been receiving UI for three years and never once have I been late in mailing my claim form. Surely that should count for something and indicate I am conscientious and certainly not negligent or a procrastinator.
I plan on including these points in my appeal letter. Do you see anything that I should leave out?
BTW, the info I got is here: http://www.edd.ca.gov/uibdg/Miscellaneous_MI_10.htm
I received four Claim Forms in the mail today-- not one for the late claim, bringing me up-to-date. Not the late one in Nov. but I recall the EDD rep said that if I didn't receive compensation for those two weeks, that they'd append it to my next extension-- words to that effect.
You've been terrific and I thank you for your wise answers. :)
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