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What are Valid Reasons to Miss Appeals Hearing? California

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  • What are Valid Reasons to Miss Appeals Hearing? California

    I waited for months to get notice of my appeals hearing. The notice finally came and it is set for a date that I might not be able to make due to a family emergency. Needless to say, I am devastated.

    Does anyone know under what circumstances EDD will change a hearing date?

    I appreciate any help.


    Thank you

  • #2
    Ca. UI appeals hearing:

    CAN THE HEARING DATE OR TIME BE CHANGED?

    Not usually. You must have a good reason. Consider the options below before asking for a change. Call the Office of Appeals right away to make your request. See the number listed on your Notice of Hearing.


    WHAT IF I CANNOT GO TO THE HEARING?


    If you or your witness cannot go to the hearing, try using one of the following:

    Appear by phone. If a serious problem keeps you from going to the hearing you may ask to appear by phone. Call the Office of Appeals right away. You must have a good reason, such as being more than 50 miles from the place of hearing.
    Appear by written declaration. Write your side of the story and include this sentence at the end: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." Please date and sign it. The judge must receive it before the hearing.
    Appear by written statement. Write your side of the story. The judge must receive it before the hearing. A written declaration, described above, has more weight than a written statement.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Hello - thanks, but I did see this on the pamphlet that came with my hearing notice. What I am looking for is any insight into what the EDD might consider "good reasons" to change the date.

      Thanks

      Comment


      • #4
        I don't think any of us can tell you, except I would think it would have to be mostly your situation, not that of a family member. But your reason is your reason, so contact the state immediately.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          I might not be able to make due to a family emergency.
          You can assume (which is something one should never do...) that your reason will not fly with the board. You can't anticipate an emergency...
          One of, and the foremost reason for qualifying for UI benefits is being 'ready, willing, and able to accept employment if offered''...when you are waiting to 'see if' there is a family emergency, or attending to that emergency, you aren't performing the requisit job search as required to maintain your eligibility for UI benefits.

          Those would also be reason for denial of your appeal if you are not able to present to argue your case.

          It certainly isn't my intention to be insulting to you or anyone else here... but UI benefits are just that, ''benefits''... a protection afforded you when you lose your job through no fault of your own. UI isn't there for vacation, or in lieu of FMLA. (un paid family/personal medical 'emergency' leave)

          As Betty said...CAN THE HEARING DATE OR TIME BE CHANGED?

          Not usually. You must have a good reason. Consider the options below before asking for a change. Call the Office of Appeals right away to make your request. See the number listed on your Notice of Hearing.

          Comment


          • #6
            The EDD doesn't give a list of good reasons (each one is considered on an individual basis) but it better be a very, very good one for a change in date to be approved.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              This is Georgia but when we had an appeal hearing about a year ago, the manager who did the firing was unavailable because her husband was having surgery that day. The DOL said that was not sufficient reason to move the hearing because she was not required to be at the surgery!! I had a plane ticket that same day to travel to look into putting my Mom in a nursing home. That wasnt considered a good reason either.

              Ultimately when we had the hearing, we had to have the manager, me, the ex employee and his witness and the ALJ on the conference call each on a different line and they couldnt get the conference call to work so it was postponed again anyway.
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

              Comment

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