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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7529
Experience:  Significant experience in all areas of employment law.
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I worked a seasonal job in 2009, after being off I applied

Resolved Question:

I worked a seasonal job in 2009, after being laid off I applied for unemployment and was approved. Starting January 2010 I was getting benefits, I also was going to school. In March or April I was Hired at an auto parts store, I told the manager that I didn't have a valid drivers license, so I wasn't sure if I can make it to work all the time. He said that was fine, Just make when I can. I had trouble going to work, after a month or two of missing days of work, I was let go by another manager. During the time I was working I was reporting the hours I worked and got paid for, when I was let go I stopped reporting hours and income. I benefits ran out from the original clam, I was given an extension of benefits, next I got a letter saying I owe them all the money back. I filed an appeal which didn't go in my favor. I still want to appeal it, but don't know how to go about it, or if I even can.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

How long ago did you receive notice that your appeal was denied? Have you filed a Second Level Appeal yet?

I very much look forward to helping you on this matter.
Customer: replied 1 year ago.

The first appeal was declined in 2011. I haven't done anything more bcause I was attending college, I just graduated and I want to focus on this now

Expert:  Patrick, Esq. replied 1 year ago.

Andrew,

Thank you very much for your reply. By law, a claimant has 20 days from the date they receive notice of denial of their First Level Appeal to challenge that ruling and file for a Second Level Appeal. Exceptions to the 20 day time frame will be granted where the appellant can demonstrate that their failure to timely challenge the ruling was for a reason amounting to "good cause."

There is no statutory definition as to what constitutes "good cause," but I can imagine few circumstances in which the EDD would find good cause for a delay of two years. Thus, unless you have an extremely compelling reason for the delay (and I'm afraid to say that attendance of college would not in itself satisfy this standard), you likely have no further recourse with regard to challenging or re-opening your claim.

I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news.

Please do not hesitate to contact me with followup question if you have any. I am not done assisting you until you are absolutely satisfied with my service.

Customer: replied 1 year ago.

Thank you for taking the time to read my problem out and to give me a honest answer. Smile

Expert:  Patrick, Esq. replied 1 year ago.

Andrew,

It was my pleasure to assist you. I am just sorry that I could not provide you with more favorable news.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Have a very pleasant night.

Patrick, Esq., Lawyer
Satisfied Customers: 7529
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
Patrick, Esq.
California Employment Lawyer
7529 Satisfied Customers
Significant experience in all areas of employment law.