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  1. #1
    Join Date
    Jan 2007
    Posts
    4

    Default Unemployment Insurance and Retraining Benefits Extension

    California.
    I was denied unemployment insurance retraining benefits because I inquired about the benefits a week late (they claim 2 months as the person I spoke with did not document my file). Retraing benefits must be filed for before the 16th week of recieving unemployment payments which I was not advised of when I called in. This was the final decision by the administrative law judge and the appeals board (I appealed twice).
    There was another reason I was denied the first go around because the judge felt there was plenty of demand for my skills in the market. The appeals board didn't even comment on that in their denial. I am wondering why...?
    I was advised I can appeal it again through the Superior Court with a Writ of Mandate which costs $335 to file. Is it worth even trying? Will they just uphold the ruling and take my money?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Unemployment Insurance Re-training Benefits Extension

    The appeals court doesn't need to address any issue beyond that which justifies its affirming a lower court ruling. It can, but it doesn't have to.

    You're in a better position than anybody here to judge the merits of the ruling.

  3. #3
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Unemployment Insurance Re-training Benefits Extension

    Thanks for your response Mr. Knowitall. I appreciate it.
    You know, I have sales and contract negotiations experience but I was in the airline industry for the last 11 years. I have been unable to secure employment and I get the impression that employers have in a sense type-cast me. I believe they feel I will leave once the industry really rebounds I will leave and go back. I also get the "over qualified" response because I did have a heft title. Do you believe I have a valid argument in court with these points when they claim my skills are in demand?
    Also, the 16 week deadline is one of their rules. I did call in but the operator never said anything about it and the call was not documented. They claim I missed the deadline by almost two months. Is that something you believe the courts can or will over turn?
    Do you think the Superior Court will over rule the EDD? I hate to spend another $335 without a even a chance.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Unemployment Insurance Re-training Benefits Extension

    I have no idea what the record is, so I am in no position to guess. In general, if you argued your case as stated to the lower court, the appellate court is likely to let its findings stand. If you did not, the appellate court is likely to find that you waived the argument by not raising it in the prior proceedings.

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