California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
To request an appeal, you must send a Request for 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. The address you need to send the appeal letter is also on the Notice.
Your letter needs to include your current contact information, your Social Security Number, and a simple statement indicating you disagree with the EDD’s Notice of Overpayment. You will have an opportunity to thoroughly prepare and present your arguments during an appeal hearing. Keep your communication short and relevant. This is not the point in time at which you offer evidence in your defense. You are only requesting an Appeal.
In the meantime, you might consider retaining a local unemployment law attorney to represent because, while it is unlikely that you will be prosecuted, it is important that you do not lose the appeal because of the money involved, and because of the fact that you stand to be penalized in the future as well if you again become unemployed and have need to file a claim.
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 appreciate your abiding by the honor system as regards Accepting answers. 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
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).