Burken01

iTrader: (88)

I was denied benefits and appealed the deicision and won, not my former employee is appealing that decision...

Anyone here in CA been through a similar situation?

allblacksrt4

iTrader: (3)

i have but they never called into the hearing so I won. Pretty much a judge hears both sides and presents whatever evidence they have and he makes a decision.

Burken01

iTrader: (88)

well I went to that first meeting and my manager showed up and we argued our cases, i won that hearing.

Now the owner of the business didnt like that outcome and now he wants to appeal that decision..

petercln

iTrader: (1)

Didnt the ruling come with any paper work explaining what the next steps are?

I have been on both sides of this as a business owner and as someone who represented my wife at a EDD hearing.

The only appeal left with the EDD is to the Apeals Board. This is only for the technical (legal) issues of the case, and has nothing to do with the actual facts. Meaning did the appeals judge follow EDD case law(s) and regulations to the facts as determined by the appeals judge.

Now there is a civil court action that can be filed in Superior Court. You will be able to represent yourself, depending on the business structure the "owner" may or maynot be able to represent his own company. He might need a lawyer to do that.
I just went throught this with my wife and our lawyer said it would be $5k to $10k to fight this in court since I would not be able to represent her in court.

Burken01

iTrader: (88)

well yes hes filing for the board of appeals claiming he has new evidence that he didnt bring to the intial meeting.. but the letter i got said there will not be another meeting, only a panel of 3 people will listen to the recording of the intial meeting that i had and I guess they will listen to mistakes.?? and 5k-10k for court? f that ill just let him have it at that point..

petercln

iTrader: (1)

My understanding is the three member board will NOT listen to any new evidance, only how the law relates to how the facts (not evidance) of the case. The judge you saw determined the facts. If that judge made a mistake on the evidance (to determianthe facts) thats what the court would need to be used for. Since you won the original case I think you would do just fine in court if needed ,you would not need to hire a lawyer. Your old boss may need to hire one depending on his business structure.

Burken01

iTrader: (88)

ok i understand now, i just dont get why he's going through all th trouble trying to prevent me from receving the measly 215$ i get a week..??

BigDaddyBry

iTrader: (15)

Good advice petercln that will undoubtedly be helpful to more people.

Good luck Burken01.