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EDD Appeal Process California

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  • EDD Appeal Process California

    I would like to know how long it takes EDD to review the appeal from an employer before it makes a decision on whether to continue unemployment payment to a former employee who was terminated with cause. This story is a bit complicated.....

    This former employee was terminated because he failed to return to work on-time for the 3rd time after taking PTO. He did not bother to e-mail, call, or fax to let us know the reason behind his disappearance for more than ten days until we cut his e-mail access for this latest violation. His wife was also looking for him. Unfortunately when he filed for unemployment with the Ca EDD, the business park association we were in experienced tons of mail theft. The association decided to replace the mail boxes to high security mail boxes. We had no access to our mail for about three weeks. By the time we finally got the EDD notice, it was almost three weeks after the deadline to respond. I immediately gathered all documentations including warning letters (all three) issued by us and signed by the employee, his termination letter and e-mail from the association about the mail boxes. I completed the appeal form and sent it in on the 9th of February. EDD should have received the package on the 11th or the 12th. My question is how long does it take EDD to review the appeal and make a decision, & do I stand a chance of getting this overturned. Your input is greatly appreciated.

    Thank you.

  • #2
    The answer is that there is no definitive answer. EDD is incredibly backlogged so the amount of time it takes them to respond could be a couple weeks or a couple months.

    In terms of whether you will win the appeal, that answer is also unknown. It depends entirely on whether the person reviewing your documents thinks you have given good cause for failing to respond on time. I would *guess* that EDD would give you a chance to contest the unemployment, but it's really up to the EDD to decide.

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