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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111458
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need help fighting EDD. This a bit drawn out but please

Customer Question

I need help fighting EDD. This a bit drawn out but please stay with me, there are a lot of variables to this situation.
In May 2011, I was working for N.A.C.S. (National Attorney Collection Services) as a debt collector. I was there less than 1 month.
On May 6, 2011 I was rear ended while on my lunch break, 3 blocks from the job. I called the office and notified them of the situation. I came back to work Monday May 9, 2011 in a neck brace. All I needed was a different chair to sit in. I was told to go home by Maria in HR, that they couldn’t accommodate me at the time and advised to come back May 10, 2011.
On May 10, 2011,I reported to work and was terminated from this job - still have the termination letter and it, they state I asked to be put on FMLA. I don’t recall filing for FMLA with this company in writing, verbally or otherwise.
I had a previous claim for Unemployment Insurance that when I started working I notified EDD. I may have received 1 paycheck from EDD in error.
In August/September 2011 I had a phone interview with EDD's representative Monica. As a result of this interview, my benefits from Unemployment Insurance were terminated in September 2011. EDD's rep Monica, stated that NACS reported to EDD that I voluntarily quit. This is not true. Again, they terminated my employment and provided false information to EDD.
I wrote EDD in October 2011, November 2011 without any change. Finally I wrote the OAD Office of Appeals In Determination in December 2011 (around 12/19/11) and was contacted by representative Steven Dean (if I recall). Steven told me that the OAD could do nothing until this was received by the EDD using the channels of the appellate process. Until such time as my complaint was received and logged by the regular clerks, the OAD could do nothing. I sent 2 more letters through the appropriate channels and still my letters went unanswered and undocumented.
After trying to fight this on my own for several months, I filed for disability insurance in January 2012. I was awarded approximately $3000 which Unemployment Insurance offset 100%.
Since then:
1. the doctor who signed my disability claim Christine Daniels is no longer practicing
2. My house was burglarized and robbed November 2014 and all my files in my safe were taken along ( I kept in a safe) with my laptop. Documents to prove this can be furnished from my renters insurance (e-renter's insurance), there is a summary of items lost.
I know this may be difficult to prove but I recall the series of events in which they happened. Because NACS lied to EDD, I have suffered through this. To date, EDD says I owe approximately $5010.
I BELIEVE I’M ENTITLED TO THE $7000 THEY REFUSED PAYMENT ON FOR PLUS THE $3000 THEY OFFSET FROM MY DISABILITY INSURANCE. EDD IS STILL ASKING FOR THEIR MONEY. CAN YOU PLEASE HELP OR REFER ME TO SOMEONE WHO CAN?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you seeking information from us or are you seeking local legal representation? We are forbidden from providing local legal representation I am afraid by state law.
If it is information you are seeking, when all of this occurred in 2011, did you file your appeals timely and dispute the employer's denial of your benefits? EDD never made an official determination against you back in 2011? So you never had a chance to properly appeal the official determination?
You ultimately know you will need to hire a local unemployment law attorney to represent you on this matter correct?
Customer: replied 1 year ago.
What is the statute of limitations on a case like this?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
There is a 30 day statute of limitations to appeal the EDD determination I am afraid. So from the date of the EDD determination you had 30 days, but under the law there is no more than 2 years to file a claim against unemployment for payment of benefits.

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