California Employment Law
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Hello and welcome to JustAnswer.I'm sorry to hear about your situation and hope I can help.I think that you have a good claim for benefits, especially since you've been granted benefits and your employer is now appealing.Since you sent an email to your employer stating that you were assuming that they no longer needed you and you did not receive a response back from them, this would demonstrate that your employer terminated you by not placing you on the work schedule.Your employer is attempting to contest this by alleging that they sent you emails, but if the employer cannot prove (which it probably cannot) that you actually received these emails the employer would not have a valid contention against you.Your employer would be alleging that you 'abandoned' your job by failing to respond to its emails and failing to contact the employer, but since you did send an email to your employer, and your employer won't be able to prove that you actually received the emails that it allegedly sent, that contention should be unsuccessful.
Thank you for your quick response.
So you're saying that if I actually received emails from them after the fact, would that change the EDD's decision? They may show the Judge the email that they allegedly sent. I'm worried that they may throw that back to me?
I know that this kind of hearing does not need lawyer representation, do you suggest that I get one or is it better to just represent myself. I've asked around about lawyer fees, wow, it's expensive.
Any other suggestions/comments/opinions on how do I go about the hearing? I would gladly appreciate it. I'm so nervous as I would be alone defending myself. My employer might get represented by a lawyer.
Do you think the judge will rule for the EDD's previous decision which is leaving due to mutual misunderstanding?
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