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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32411
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have an EDD phone interview tommorow because they say mycontinuing

Resolved Question:

I have an EDD phone interview tommorow because they say mycontinuing claim form was sent past the 14 day period.

I have no documented defense because I did not write down the day the form was sent to me, or the day I sent it back out.

All I know is that I got it, I waited 4 days to fill it out because it came before it could be filled out. Then I tried to return it using the new automated system, but could not log in, then three deays later after giving up on the automated system I mailed it in. This time line would have been within the 14 days if the post office and EDD handle the mailing properly. What should I tell them when they call me.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Time requirements for filing new, additional, reopened, partial, and continued claims may be extended for "good cause," based on the criteria set forth in Title 22, Section 1326-10(a). The Appeals Board and the courts have provided additional guidance.

Title 22, Sections 1326-10(b) and 1326-10(c), discuss termination of "good cause" for extending time requirements.

 

See the following link for more information as to what constitutes good cause (Section C):

 

http://edd.ca.gov/UIBDG/Miscellaneous_MI_10.htm

 

Proscrastination or negligence will not typically be excused as good cause, so you will need to provide a reasonable explanation, such as you recently moved and there was a delay in your mail being forwarded to you, or you were out of town unexpectedly. Otherwise, the commission is likely to deny your benefits for the period in question I'm afraid.

 

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Customer: replied 2 years ago.

I'm sorry if this is a repete..

 

Are you saying I will loose the 2 weeks benifitt on that form, or wil I loose all remaining 6 months beniffits

Expert:  Tina replied 2 years ago.
If you cannot meet the "good cause" standard as set out in the link I provided, you would typically loose benefits for the weeks the documents that were submitted late referred to, but not for any additional weeks.

Tina, Attorney
Satisfied Customers: 32411
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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