California Employment Law
California Employment Law Questions Answered by Legal Experts
At this point, we have been notified that in order to appeal their final decision, we must file a Petition for Writ of Mandate against the California Unemployment Insurance Appeals Board. Would you recommend that I can pursue this mandate pro per, or should we have an attorney present?A: There is no "form" to file a petition for writ of mandate in Superior Court. So, you will almost certainly have to hire legal counsel in order to draft and file your petition with the court. A writ petition is not a long legal process, because the court's only role is to determine from the CUIAB and ALJ hearing officer transcripts whether or not the board has made a decision contrary to law, fact, application or in an abuse of discretion. There is no retrial of facts -- only the facts and law already in the record are considered by the court. However, to get an attorney familiar with the case and to draft the pleadings and appear in court will run you at least $5,000 in legal fees. This may be considerably more than the increase cost of your unemployment contributions account payments. So, you could be about to put "justice" before "profts." For most business organizations, the answer devolves into an accounting question. if it were my business, I would let it go. Of course, it's not my business, so you'll have to make that decision. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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