Wht to do if my former employer lied to EDD so that am denied benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht to do if my former employer lied to EDD so that am denied benefits?
After being denied unemployment benefits and applying for the appeal I found our my former employer has lied to EDD stating I made “snide remarks” and “chaffed against their way of doing things” and had “poor performance”. I honestly tried my best and never made any negative remarks to anyone. What is the best way to win my appeal when employer is clearly lying and I cannot prove it?
Asked on May 9, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, retain an attorney with experience in unemployment appeals. There is nothing you can do in a situation like this that will help you as much as getting experienced counsel, who knows how to present evidence, how to frame arguments, the law and regulations, and (ideally) the people at EDD, on your side.
Second, look for any evidence, whether direct or indirect, that you could marshal to rebut what your employer has claimed. Are there co-workers who will testify on your behalf? Do you have good employment reviews to offset the claim of poor performance? Right now, it seems to be your employer's word against yours--you want to change that dynamic, by getting additional evidence or testimony to support your position.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.