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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38878
Experience:  Retired (mostly)
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my company has gone back and forth with the California Unemployment

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my company has gone back and forth with the California Unemployment Appeals Board because we had an employee that was fired for stealing, unlawful use of company's resources for personal use. We have proof of the ex-employee logging on with his personal IP address from his home computer, we also have witnesses that he admitted to using the program without authorization, etc. 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? Also, do you believe that we should pursue this case, or let it go??
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Customer: replied 4 years ago.
Well, my intentions are to file the petition by the end of this week. My concern is if this type of petition requires legal counsel, or if we can continue these proceedings pro per. We have lots of proof, bills, witnesses, address verification to link IP address on the bill to ex-employee's personal computer, etc. This should have been a cut and dry case, the ex-employee unlawfully used the companys resources without authorization, due to the fact that he was guilty of a dishonest act, he not only should he have been fired and denied any unemployement, he also should be responsible to pay for the additional charges that he ran up during the unauthorized/personal use of the companys resources! I would like a response, if it can be done in a timely fashion, because we would really like to close this chapter and move on.
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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.

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socrateaser, Lawyer
Satisfied Customers: 38878
Experience: Retired (mostly)
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