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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39017
Experience:  Retired (mostly)
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Filing a writ of mandamus for CUIAB.

Customer Question

Received unemployment for 2 months; lost first 2 appeals w/o having to repay. Lost final appeal to CUIAB.  Former employer is lying about being discharged for misconduct. I hired an attorney for the 'final' appeal. CUIAB found the credibility of the HR person (since demoted), the president (since fired) more valid. Doctor supported reasons for appearing impaired due to meds was submitted too late. My ex-employee has no concrete evidence (i.e.-tests, documentation, etc.) only hearsay. What can I do? File a writ of mandamus?

Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
You can't introduce new evidence at a writ petition hearing. The fact that various employees have been fired and demoted will not be part of the record.

In order to prevail in the writ action, you would have to show the court that the record from the CUIAB hearings demonstrate an "abuse of discretion" by the hearing officers, i.e., that no reasonable judge would have made the same ruling given the facts presented at the hearings.

Also, if there is evidence in the record that should have been ruled inadmissible, then you could ask the reviewing court to remand for a new hearing, based upon the unfair prejudice substantially outweighing the probative value of the evidence against you. This legal jargon simply means that the ALJ or CUIAB considered evidence that no reasonable judge would have considered under similar conditions. So, that's another avenue for the writ petition.

There is no way for me to evaluate your chance of winning, because I cannot review the CUIAB transcripts. But, one thing is for certain -- you won't win, if you don't file the writ petition.

Hope this helps.

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