Background: Chef works at school Fall and Spring semesters. Gets paycheck with taxes, sui, sdi etc taken out. Every summer gets laid off. Files unemployment. Fall semester goes back to work. For 8 years this goes well. Now a new boss comes in. Lays off chef for summer. Chef files for unemployment 6/6/14. New Boss returns paperwork and tells EDD (in Calif) that chef was not an employee (an incorrect lie. (EDD knows new boss lied on paperwork because they have visibility in the system to see that the chef is on payroll and is an employee)). 2nd pay date and 35 days have gone by since filing date. Phone call happened with EDD and Chef to validate filing situation and requirements. Research: California law sets the ten day response time, and federal law requires EDD to pay or deny benefits promptly. Question: in California, how long can EDD suspend payout of SUI benefits, due to employer being negligent/untruthful with paperwork? or....what is "promptly" exactly?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).