California Employment Law
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EDD called twice to check on the unemployment status - at the first call the claimant could not talk well due to cold/flu symptoms and asked for for a new appointment time. At the 2nd call, the claimant was inaccessible (due to personal reasons) and a family member, answering the call, asked if he (the claimant) could call back. EDD hung up the phone and the next correspondence was simply a notice of disqualification from EDD on the ground stated earlier. EDD's records on the 2nd call states that the claimant was unavailable due to health reasons - which is simply not true!
Evidence is available that (hopefully) clearly indicates that the claimant did not have any medical condition that could limit him from searching for or accepting employment not only at the time of the 2nd call, but over the past +3 months, since the date of disqualification.
Thank you for the detailed & very useful response!
One clarification, the hearing is via 'phone' - this was not requested but was stated in the 'Notice of Hearing'.
In this scenario, can you please provide some insight on the hearing 'do's and don'ts' and, otherwise, any information that can help us ensure the claimant follows the right process/protocols.
Thanks again for the excellent info. All the best.