California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

I need help fighting EDD. This a bit drawn out but please

Customer Question
I need help fighting EDD...
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: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 16 hours by:
6/2/2015
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 121,095
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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?
Ask Your Own California Employment Law Question
Customer reply replied 2 years ago
What is the statute of limitations on a case like this?
California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own California Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 121,095
121,095 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
I live in Los Angeles and I have a some job conserns,
I live in Los Angeles and I have a some job conserns … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Until last Friday, I was an independent contractor (1099)
Hello,Until last Friday, I was an independent contractor (1099) working for a Los Angeles booking agency. I booked bands nationally for shows and in exchange for the use of the company's license, bran… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a question, I'm getting a job at a company and they
I have a question, I'm getting a job at a company and they are offering me options. However they are not telling me strike price. Should I be concerned? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I am the manager at my family business and had a customer
I am the manager at my family business and had a customer write a check that bounced I would like to help from a lawyer to recover funds of $18k … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I am a Case Manager for developmentally disabled clients and
I am a Case Manager for developmentally disabled clients and am required to travel from each of my clients house within the county and spend 2 to 3-hours with each one. I drive my personal car and am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question on W2 employee and W2 contractor. I am
I have a question on W2 employee and W2 contractor. … read more
Roy Hadavi
Roy Hadavi
Juris Doctorate
11 satisfied customers
How soon can I get a response from an employment lawyer. CA.
hello how soon can I get a response from an employment lawyer … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
My husband works for a company that has a Union Contract. At
My husband works for a company that has a Union Contract. At times he is made to work up to 3 weeks straight with no time off. Is this legal? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x