Login|Contact Us
Question and Answer

California Employment Law

Ask a California Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Hello. I mailed my California unemployment form late by

 

Customer Question

Hello.

I mailed my California unemployment form late by accident. I didn't even know there was a "late" but now I do as I have a phone interview.

The forms get mailed to my permanent home address while unemployed (my 60 year old mother's house) and she accidentally misplaced it. When I found it, I immediately mailed it in. What are acceptable reasons why the form was late? Should I be concerned?

Submitted: 403 days and 17 hours ago.
Category: California Employment Law
Value: $38
Status: CLOSED
Picture
Expert:  socrateaser replied 403 days and 17 hours ago.

A claim is late if mailed more than 14 days after the last week ending date. How late was your claim mailed?

Customer replied 403 days and 17 hours ago.

An aditional week late. With the new automatic deposit system, I didn't start looking for it until I realized there was no deposit.

Picture
Expert:  socrateaser replied 403 days and 16 hours ago.

So, perhaps what happened was that your mother brought in the mail, put the letter away and could not remember where it was placed, because she has memory issues, and it took you practically a week to locate it, because she put it _____ [in some ridiculous location, where no one would have expected it to be, like in the freezer, etc.].

The law requires a "compelling reason," for the late submission. Mere inadvertance will cause you to lose a week worth of benefits.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer replied 403 days and 16 hours ago.

Yes this could help. She puts important mail and ducuments in her underwear drawer, a place I do not look. If I explain this and that it will never happen again will it mean I am not at fault?

Four follow up questions.

Will my mother have to testify to this in an interview?

I no longer carry the phone number they have on file at the California EDD. Will this be an issue?

What if I call them before the interview, will they give it to me prematurely?

What if I miss the interview?

Help me get through this and I will accept answer :)

Picture
Expert:  socrateaser replied 403 days and 16 hours ago.

Yes this could help. She puts important mail and ducuments in her underwear drawer, a place I do not look. If I explain this and that it will never happen again will it mean I am not at fault?

A: You may want to use a different mailing address going forward, so that it really can't happen again. Just saying it won't is not particularly credible, because if nothing changes regarding the mailing address, then it very well may happen again.

The goal is to show that you made dilligent efforts to locate the form when you realized that it apparently didn't show up, and perhaps you were about to contact EDD and tell them that it did not arrive in the mail, when all of a sudden you were putting away some of your mom's laundry and there in amongst her underware was a bunch of your mail.

Naturally, I don't want you to lie -- but, I hope you see what I mean. You need a compelling reason for not having the letter, and why it suddenly was available to you for a late mailing.

Four follow up questions.

Will my mother have to testify to this in an interview?

A: No. If you were denied benefits, you could appeal, and then you could choose to call her as a witness, but you wouldn't have to, and in fact, doing so would probably be unexpected, given your assertion that she has memory issues (allusion to early stage Alzheimer's).

I no longer carry the phone number they have on file at the California EDD. Will this be an issue?

A: I doubt it, but you defintely need to update the info.

What if I call them before the interview, will they give it to me prematurely?

A: Almost certainly not. But, if you're calling to give them a new contact phone number, that would resolve the issue, because they will know how to contact you. You don't have to tell them when you changed numbers.

What if I miss the interview?

A: You will definitely lose your benefits for the week in question, and you may have to reopen your claim.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer replied 403 days and 16 hours ago.

Last questions,

Do I have to call to change my phone number or is there a way to do it by internet. Having a problem finding this online?

2 years ago I had brain surgery and take medicne that makes me a little loopy and forgetfull at times. Would this be a better reason why I mailed it late or stick to the truth... underwear drawer?

Is there anyway to handle the issue without the phone interview or must I do it?

Accepted Answer

Picture
Expert:  socrateaser replied 403 days and 16 hours ago.

Do I have to call to change my phone number or is there a way to do it by internet. Having a problem finding this online?

A: This is not a legal question. I don't know the answer any better than you.

2 years ago I had brain surgery and take medicne that makes me a little loopy and forgetfull at times. Would this be a better reason why I mailed it late or stick to the truth... underwear drawer?

A: That could be construed as evidence that you are not "able and available for full-time employment" -- which means that all of your UI benefits could be terminated immediately.

Is there anyway to handle the issue without the phone interview or must I do it?

A: There is no escape. You have to take the interview, or you will lose the benefits.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Expert TypeLawyer
Category: California Employment Law
Pos. Feedback: 97.6 %
Accepts: 1009
Answered: 2/27/2012

Experience: Retired (mostly)

Ask this Expert a Question >
Customer replied 403 days and 16 hours ago.

Please give examples of "compelling reason,"

There is no option for
title line in the sytsem I see

Picture
Expert:  socrateaser replied 403 days and 16 hours ago.

Please click Accept for my numerous Answers to your previous Questions, and I will be happy to consider your new Question here.

Customer replied 403 days and 16 hours ago.

Accepted with a tip, you are awesome!

 

please help me with the Compelling question.

Picture
Expert:  socrateaser replied 403 days and 16 hours ago.

See this link for the EDD Benefit Determination Guide -- scroll down to Section C. Extending Time Requirements. There are numerous examples of what has worked and failed in the past as good cause and compelling reason in appeals for a backdated claim.

Hope this helps,


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

 
Tweet

4 California Employment Lawyers are Online Right Now

Ask Your Question Now
Ask A California Employment Lawyer
Type Your California Employment Law Question Here...
characters left:

Top California Employment Law Experts

See More California Employment Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a California Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
California Employment Lawyers are Online Now
Type Your California Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC