How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask melissamesq Your Own Question

melissamesq
melissamesq, Attorney
Category: California Employment Law
Satisfied Customers: 157
Experience:  Represent clients to maximum recovery in employment cases.
Type Your California Employment Law Question Here...
melissamesq is online now
A new question is answered every 9 seconds

I need to file a Writ of Mandate. I was awarded $6,000 in unemployment

Customer Question

I need to file a Writ of Mandate. I was awarded $6,000 in unemployment benefits and the employer appealed the decision. I had to appear via phone since I now live in NC. During the 2nd appeal the employer lied despite my pages and pages of proof and the judge awarded them. I did not fight that because I was simply worn out and scared, but when I received a letter I now owe back the $6,000 I wrote to appeal that decision. I used all I had to live on while moving back and job hunting and I am not in the wrong. I did receive a letter about a date to appear but the letter came after the date to appear. I wrote to reopen and please allow more time however the 2nd letter again came after the date to call in to appear. They are now denying to hear the case saying I "failed to appear", which I would have if I knew of the date prior. I am unsure what to do at this point and really need legal help. Please advise.
Troubled and scared
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Hello. I can wait, I have a little time, thank you. Also since I am in NC and this is in Cali I would like to find an attorney (if possible) to represent me, however I can only pay if we win so not sure it works like that as it does for PI. Either way I truly appreciate any guidance you can provide. This entire situation is something I want behind me.


Warmly,


Amanda Hagood

Expert:  Fran-mod replied 1 year ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  melissamesq replied 1 year ago.

Welcome! I am here to educate and help you. Please positively rate my answers, including follow ups, so that I may get credit for my work. Thank you!

Hello and thank you for contacting JA. I see that your question has not been answered, so I would like to try to help you. I am a practicing CA employment law attorney, but the site rules prevent us experts from giving customers our contact information, or referring other attorneys. I am sorry about that, but it is JA policy and no expert can circumvent it without violating the terms of service! With that said, I want to give you some links that are helpful in your situation. Since this matter was already heard by the CA Unemployment Insurance Appeals Board, and a decision rendered in your absence, the next step will be to take this to the superior court for a ruling. In order to do so, you must draft a Writ of Mandamus (Mandate), a copy of which is accessible at the following link: http://docstoc.com/docs/64772990.

This is another link to helpful information, specifically details on the writ, and links to copies and case law: http://scllhip.saclaw.lib.ca.us/ipac20/ipac.jsp ?session=133339N36KE60.183&profile=scl&source=~!horizon&view=subscriptionsummary&uri=full=3100001~!16964~!2&ri=14&aspect=subtab13&menu=search&ipp=20&spp=20&staffonly=&term=California+Administrative+Mandamus&index=.TW&uindex=&aspect=subtab13&menu=search&ri=14#focus

Unfortunately, your question is very fact intensive, and I am limited in my ability to help you online, other than to direct you to resources that will guide you in the preparation of the writ and the steps to take to argue your case. The other advice would be to retain an attorney in CA, but I understand that you need a contingency fee plan. Not alot of attorneys will handle this sort of case on contingency, because drafting a writ can take hours, and appearing will take more hours, and you see the point. However, you can look into county Legal Aid, or contact the State Bar of CA. Either entity can guide/refer you to attorneys who may be able to help you in full or limited capacity.

In the meantime, I want to offer the following information: a writ of mandate is a court order telling someone to someone to do something; in your case, you'd be asking the court to tell Employment Development Department to give you unemployment benefits. (Mandamus is Latin for mandate.) You would have to file a petition for a Writ of Mandate, asking the court to issue a writ. The writ petition must include a sworn statement of facts and a legal argument explaining why EDD made the wrong decision. There are also specific requirements for the way a writ petition is formatted.
Because a writ is complicated and not something that anyone can explain sufficiently only, I would suggest a trip to the local law library. Every court must have one, and law schools and universities often have law libraries that are open to the public. There will be many books and volumes explaining the issue in greater detail.
Unfortunately, it would probably cost more to hire a lawyer for the writ than you would get in unemployment benefits if you won.

As a brief primer, "either the employer or claimant can appeal an EDD decision. This "first level" appeal is heard by an administrative law judge (ALJ) in the California Office of Appeals, who will issue a written decision.
After this first level appeal, any dissatisfied party (or the EDD itself) can make a "second level" appeal to the California Unemployment Insurance Appeals Board (CUIAB). After hearing, the CUIAB will issue a written decision.

At that point, any dissatisfied party can file a Petition for Writ of Mandate with the Superior Court. For information on the writ process, see our Legal Resource Guide on Writs of Administrative Mandate."

http://www.saclaw.lib.ca.us/pages/unemployment.aspx.

I sure hope this information gives you some guidance on your situation. My goal is to help customers, and I sincerely XXXX XXX the best in this regard and beyond. If I can help you in any other way, please click reply to expert and I will respond again.

I only ask that you kindly rate me positively, otherwise I will not receive any credit for my work. Thanks and take care.

melissamesq

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.