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TJ, Esq.
TJ, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 12403
Experience:  JD, MBA
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I was off from my organization on 04/28. I wasnt aware of my

Customer Question

Hi
JA: Hi. How can I help?
Customer: My name is***** and I was laid off from my organization on 04/28. I wasnt aware of my eligibility to file for UI and hence when I came to know on 06/25, I filed for it. I also asked the benefits to be retro active I was sent a mail today citing section 1253a and it was denied for the retro activation of the benefit due to lack of a "Good cause" Can I appeal?
JA: Have you documented this or discussed it with HR?
Customer: No I did not go to my HR as I filed directly online and took the interview for the appeal
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am getting the benefits eefective 06/25. I just want to know if I could claim for the the previous 2 months and appeal against the denial
Submitted: 2 months ago.
Category: California Employment Law
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions

Which state is this in?

Customer: replied 2 months ago.
This is in California
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

I'm sorry to say that California does not allow for benefits to be collected for any period prior to when your claim is filed. In other words, you cannot receive retroactive benefits in California in the scenario that you suggest where you simply did not file a claim.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.