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  1. #1
    Join Date
    Mar 2011
    Location
    Northern California
    Posts
    5

    Unhappy How to Get a Writ of Mandate Against a Government Agency

    My question involves unemployment benefits for the state of: Ca
    my wife was denied her appeal with the appeals board, the precedents do not really appear to support the decision in any way and according to the documents the only appeal available is in Superior court..I am trying to find out first if the writ has to be filed in Sacramento county or the one we reside in? Also..is there any chance of winning? I realize the second one is a bit rash but we are irritated over the whole thing.
    Thank You

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Writ of Mandate Against Cuiab

    And you think we can judge her chances of winning when we have no idea of why her employment ended, why she was denied, why her appeal was denied, and so on because....?

    Sorry, but the crystal ball is out being repaired.

    Someone else may know the answer to your first question - I am not in your state so I don't, but there are others who have greater knowledge on the subject than I. But I am quite sure that no one here can answer your second question with the information available to us, regardless of your state.

  3. #3
    Join Date
    Mar 2011
    Location
    Northern California
    Posts
    5

    Default Re: Writ of Mandate Against Cuiab

    my apologies, employment ended as a result of scheduling conflicts and very bad communicartion, my wife worked in an assisted living facility and in the 8 months employed worked everywhere from the med room to the kitchen. There was an initial incident that involved her supervisor and she exchanging words over a shower for a patient who was a difficult one and hadn't been showered in believe it or not two weeks. My wife was reprimanded rudely and responded by leaving for ther day so as not to further complicate the situation, this was not the reason the job ended..her schedule and our day care had become a problem as of the following day because of the change made by her employer..when my wife tried all week to reach her boss to be blown off until the following week was told her check was mailed and there was nothing she could do. EDD denied benefits initially and when we appealed the story that the file had in it was a complete lie..then when inside the hearing my wife was told that her employer had offered her job back....another lie...and essentially badgered about why she thought her former employer might lie. So she appealed that because again the real issue was not dealt with. The appeals board sent back a decision that had seveal precedents referenced and after reading them it didn't seem there were any similar facts at all...I guess it doesn't matter but in the original file the former employer made derogatory remarks about myself that is documented at EDD. we are in Northern Ca and my wife has always had a job..the few times we have used unemployment it is always a hassle and we have always had to appeal..and won..until now when we really need it

  4. #4
    Join Date
    Mar 2011
    Location
    Northern California
    Posts
    5

    Default Re: Writ of Mandate Against Cuiab

    ALSO not sure if it matters but my wife received supplemental checks from an edd claim that had opened from her previous employer during the time employed with most recent and we had to fight that decision. the claim didnt expire until january of this year and her employment with most recent ended in oct of 2010

  5. #5
    Join Date
    Mar 2011
    Posts
    1

    Default Re: Writ of Mandate Against Cuiab

    TROYNICHOLS i'm trying to find out who can help me with the writ of mandate all i know right now is that you have to file it in the county you reside in. about winning or not i don't know we are on the same boat.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Writ of Mandate Against Cuiab

    The employer's story was what? The EDD's findings were what? The cases they cited said what?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Writ of Mandate Against Cuiab

    My wife was reprimanded rudely and responded by leaving for ther day so as not to further complicate the situation, this was not the reason the job ended..her schedule and our day care had become a problem as of the following day because of the change made by her employer..when my wife tried all week to reach her boss to be blown off until the following week was told her check was mailed and there was nothing she could do
    so, she walked out before the end of her shift. She did not report to work because of scheduling conflicts with daycare.

    It sounds like the employer had every right to fire her and contest any UI claim. Not really seeing any problem with the EDD's decision here.

  8. #8
    Join Date
    Mar 2011
    Location
    Northern California
    Posts
    5

    Default Re: Writ of Mandate Against Cuiab

    edd said she didnt give her employer a chance to correct the situation, but she callled for four days and when she did reach her employer was told she didnt have a job but her employer told edd she could come back which was untrue, the employer didnt show up at the appeal and according to edd she has rhe right to confront witnesses against her..according to her employer she was NEVER fired, the cases they cited had multiple witness statements and were far more involved , at least they appeared to be

    any chance i could scan and email the docs to you?

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