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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27229
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I recently received a letter from EDD here in CA telling me

Customer Question

I recently received a letter from EDD here in CA telling me I owed them $14526.20 because my previous employer said that I was terminated for theft, which is a lie. How do I go about appealing this decision?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

Obviously, you will need to appeal the ruling and show that you were not terminated for theft.

Under CA law, if you receive a Notice of Overpayment and wish to appeal the finding, there are specific rules that you MUST follow to preserve your rights.

To request an appeal in this instance, you must send an appeal letter to the EDD within 20 days of the mailing date of the Notice of Overpayment. The mailing date can be found in the upper right hand corner of the first page of the Notice you received.

 

The place to mail your Appeal also appears on the Notice.

 

 

Your appeal letter needs to contain your current contact information, your Social Security Number, and a statement indicating you disagree with the EDD’s Notice of Overpayment. You don;t have to provide any evidence of your reasons for disagreeing at this point. You will have an opportunity to thoroughly prepare and present your arguments during an appeal hearing.

 

You will be notified of the upcoming appeal hearing and you will want to bring in all evidence you have as well as witnesses to show that the employer is lying. You have a right to present testimony, and any evidence you have to rebut the reason why you are being denied. If your former employer has documentary evidence that will assist you in your appeal you can ask the UI Hearing Office to issue a subpoena to your company on your behalf for the specific documents that you need to present your case.

 

Finally, based on the amount of money at issue, you might consider having a local unemployment law attorney assist you in the defense of this allegation.

 

I wish you the best in 2012.

 

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXXXXXXX XXXX abiding by the honor system as regards XXXXXXXXX XXXXXXX. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Customer: replied 2 years ago.
This situation is a strictly, "he said/she said" scenario, and given the fact that this happened in April of last year(my Dad was diagnosed with cancer within a month of my termination),has too much time passed for me to appeal the decision. I strongly suspect that I was terminated because I had filed a workers comp claim in Dec., but since the burden of proof is on me, and my boss is claiming that I stole something, how would I even go about trying to prove this?
Expert:  LawTalk replied 2 years ago.
Good afternoon,

You can not prove the non-existence of something. All you can do is make your argument. If this is a he said/she said, the all you can do is challenge the veracity of the person accusing you.

Did the cops ever get involved? Why not? Were you convicted? Was a case dismissed? Was a complaint filed with police yet no charges ever filed in court?

You can win this---but you may need to spend a bit of money and get an attorney to help you.

You have 20 days from the date that you receive the Notice of Overpayment to demand your appeal.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug

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