Edd Finally Adds More Multilingual Unemployment Support After Advocates Mount Legal Challenge
The states Employment Development Department will drastically expand language support to better accommodate the at least 7 million Californians who have a first language other than English.
This announcement comes after nearly two years of legal mediation between EDD and advocacy groups around gaps in EDDs language accommodations that advocates say put many Californians in very vulnerable positions. The Legal Aid Foundation of Los Angeles filed the initial complaint that triggered this mediation, alleging that EDD was in violation of federal and state antidiscrimination mandates related to national origin, ethnic identification and linguistic characteristics.
EDD has been expanding its language support throughout the course of the pandemic with tens of millions in funding through a language-access budget proposal and AB 138, a state bill that tackled unemployment insurance policies and practices. However, the agencys website and other services are still considerably more accessible for English and Spanish speakers when at least 2.4 million Californians arent primary English or Spanish speakers.
According to advocates, an untold number of their clients resorted to paying third parties who could often have predatory intentions to help bridge these language support gaps.
“We had somebody who waited seven months and they never even submitted his application,” said Marisa Lundin, legal director of the Indigenous Program at California Rural Legal Assistance.
Are You Available And Actively Searching For Work
To maintain your eligibility for unemployment benefits, you must be able to work, available to accept a job, and looking for work. If you are offered a suitable position, you must accept it.
Normally, you must conduct a reasonable search for work, and certify that you have done so. You should keep records of the employers you have contacted, the dates you made contact, and the outcome. The EDD may ask you to provide this information.
Learn more about the general unemployment claims process, including tips on filling out the forms. If your claim is denied, you have the right to appeal that decision learn how to appeal an unemployment denial in California.
Who Qualifies For Legal Aid In The Pbup
We do our best to focus our resources on assisting lower-income individuals in need of unemployment benefits. We typically prioritize hourly-paid, non-exempt, and blue-collar former employees over individuals who were employed with higher-paying, salaried positions.
Our staff is capable of representing non-English speakers, including but not limited to Spanish, Chinese, Japanese, Korean, French, and Arabic.
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Getting Your Money As Soon As Possible After Filing For Unemployment In California
What you need to do is have a specific target of reducing the damage this has caused as much as humanly possible. This means, follow the right steps, which will help get the money into your hands as quick as possible. Especially if you have a family, that is your number one goal. Getting the money you are owed, in the quickest fashion.
During The Unemployment Appeal Hearing
During the hearing the Judge will explain the hearing procedure and the issues listed on your hearing notice.
If you have any questions or are not sure how to tell your story, please tell the Judge. The judge will help you.
Please note that the hearing will be recorded.
The Judge will review the papers in the file and ask if there is any legal reason they should not be considered in deciding the case. Although you may not agree with the papers, this is not a legal reason the judge cannot consider them.
The Judge will place the parties and witnesses under oath and take their testimony. The Judge will ask each party and witness questions.
You will also have an opportunity to question every person who testifies. When its your turn to speak, be sure to tell the Judge all the important facts about each issue listed on your notice. If you filed your unemployment appeal late you will need to tell the Judge why it was late.
Give the Judge any important papers you may have that relate to the issues in your case.
If you hear anything said that is not true, tell the Judge when it is your turn.
Before the hearing ends, you will have an opportunity to make a closing statement that explains why you think the Judge should decide the case in your favor.
At the end of the hearing, the Judge will ask if the parties have anything further to say. If there is nothing further, the hearing ends and the parties should leave the hearing room.
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Make Sure Your Employer Will Not Fight Your California Unemployment Claim:
As much as this may be uncomfortable to you after being fired or laid off, make sure to have your California employer put in writing that they will not contest or fight your unemployment claim. What happens sometimes is that employers end up acting or saying one thing during the firing process, and then once you are gone, they will turn around and do something quite different.
During a time when millions of Americans are hurrying to file for unemployment, all at once, the last thing you want to do is add extra roadblocks to the application process. This of course, will stall time. In this case, what you would be doing is include a document signed by your employer that states and confirms they will not be going against your claim. This subsequently will help expedite the process and ensure the monies owed to you is given as soon as possible.
After The Unemployment Appeal Hearing
A written decision will be mailed to you and the EDD as soon as possible. If you do not agree with the Judges decision you can file another appeal.
For Unemployment and Disability cases, appeals must be filed within 20 days from the mailing date noted on the decision.
For Employment Tax cases, appeals must be filed within 30 days from the mailing date noted on the decision.
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The Unemployment Insurance Program In California
Nationwide, employees who are temporarily out of work through no fault of their own may qualify to collect unemployment benefits. In California, these affairs fall under the Unemployment Insurance Program , and is run by the Employment Development Department. The eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state. Here are the most frequently asked questions and answers for collecting unemployment compensation in California.
What are the eligibility requirements?
There are three requirements to collect unemployment benefits in California:
- Your past earnings must meet certain minimum thresholds.
- You must be unemployed through no fault of your own, as defined by California law.
You must be able, available, and actively seeking work.
How soon can I file a UI claim?
If you have been laid off or are working less than 40 hours a week because work is slow, you should file a claim right away.
Where do I go to file a claim?
You may file your claim for unemployment benefits online, by phone, by fax, or by mail. You can find online filing information and contact information at www.edd.ca.gov/unemployment/ or call the EDD Unemployment line at 1-800-300-5616 or 1-800-326-8937 . Representatives are available to help you over the phone from 8 a.m. to 5 p.m., Monday through Friday, except on state holidays.
What should I expect when I send in my application?
What is the correct way to report weekly earnings on your UI form?
More Info For Appeal Your Unemployment Benefits Decision
Hearings Department procedures
In order to determine the facts of the case and make a fair decision, you will be assigned to an impartial review examiner who has no knowledge of the case aside from reading the file documents. This impartiality ensures that all parties have a fair hearing with an adequate opportunity to present relevant testimony and documents.
If you miss the 10 day deadline to file your appeal
If you miss the deadline, you may still ask for an appeal. We will review your request and decide if there was a valid reason for the delay. If you had a valid reason, we will approve your request and give you a hearing date. Otherwise, we will deny your request for the appeal, and you will have the right to appeal the denial.
You have the right to have a lawyer
If you want a lawyer at your hearing, you must find and hire someone as soon as possible. To find a lawyer, you may contact your local bar association or a legal advocacy organization. Well provide you with contact information for legal assistance organizations when you file an appeal. You can also find the same information under the section at the bottom of this page.
Approval of attorney’s fees
If you are a claimant and you hire an attorney to represent you in a DUA matter, your attorney must submit a request for approval of attorneys fees before your attorney can bill you. Please note that the Hearings Department and the Board of Review have separate processes for reviewing fee approval requests.
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Dont Take It From Us Hear Our Clients
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S And How To Apply For Unemployment Through The Edd In California After Being Laid Off
If you have been recently laid off or fired and are living in California, please visit: to file for unemployment benefits.
Please have the following ready prior to filing, so the process gets streamlined as much as possible:
The first and last name of your previous employer, including the address, contact phone number, and any other important contact information that pertains to your previous employer.
The last day and time you worked with the reason why you are no longer at the job.
Your pre-tax earnings in the final work week you were there. This usually would begin with Sunday and then it ends with the very last day of work.
Exact information on every employer you worked for during the past 18 months. Please make sure to have ready their name, address, the exact dates you worked , gross wages earned, all the hours you worked per week, your rate of pay, and finally the reason you are no longer working.
Notice to Federal Employees About Unemployment Insurance, Standard Form 8
DD 214 Member Four Copy
Legal Documentation of your citizenship status. If you are not currently a United States citizen, then please provide the proper information from your employment authorization document.
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Contact Your Local Lawmaker
If you are still waiting to receive your unemployment benefits, you might be able to get help from your assembly member or senator. They have caseworkers than can people with their EDD claims.
“We have the same kind of opportunities that every member of the California legislature gets with an election, which is a direct link with those at EDD who can make those decisions,” Assemblyman Jim Patterson, R-Fresno, told ABC10. “So, when we go to work with our constituents we go directly to EDD.”
While local lawmakers recommend contacting their offices, they are getting pretty backed up as well. In February, Patterson said all seven of his staffers are working on EDD cases.
Try reaching out to your district representative through phone and email. You can find your local representative here.
GET THE LATEST DEVELOPMENTS: Get unemployment benefits news updates in your email with the Daily Blend newsletter. Sign up at www.abc10.com/email
Increase Your Odds Of Winning Your Unemployment Hearing Or Appeal
A New York Unemployment Advocacy group notes: Claimants have been awarded benefits in approximately 60% of the cases in which they were represented by an unemployment advocate. This is a truly remarkable statistic given the estimated average success rate of less than 30% for unrepresented claimants. These figures demonstrate that legal assistance provided by the an representative makes a tremendous difference in the outcome of unemployment proceedings. With the assistance of the representatives, claimants are able to successfully navigate a complex bureaucratic system, and obtain crucial financial support.
WE CAN DO IT EVEN BETTER – HERE AT THE UNEMPLOYMENT HELP CENTER, LTD WE AVERAGE OVER 90% WIN RATE !
We do this by carefully screening all unemployment cases and only accepting those that we think we can win. Contact us today for a free unemployment appeals consultation.
We now offer a free question and answer program. Submit your question on our contact page.
- Free consultation
- We’ve been in business for over 20 years
- Submit your question on line or by telephone
- Review of your HR U.C. status
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How Does It Work
Upon filling out our online form, your unemployment benefits question has been sent to our pro bono unemployment benefits legal department. Our pro bono team will reach out to you via text message or email with an answer or response to your inquiry if they feel they can reasonably provide assistance.
Common Occurrences For The Unemployed You May Be Entitled To Further Compensation
Did you know that many unemployed people may have suffered from labor violations such as wrongful termination, workplace discrimination, unpaid overtime, unpaid wages, missing breaks, and other labor violations during their last employment? We know that you are here to receive help with your unemployment filing, but we also want you to know that you MAY be entitled to compensation due to labor violations during your last employment.
If you are interested in learning more about this then please dont hesitate to schedule a 100% FREE consultation or click HERE.
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You May Be A Victim Of Unemployment Identity Theft If You Received:
- Mail from a government agency about an unemployment claim or payment and you did not recently file for unemployment benefits. This includes unexpected payments or debit cards and could be from any state.
- A 1099-G tax form reflecting unemployment benefits you weren’t expecting. Box 1 on this form may show unemployment benefits you did not receive or an amount that exceeds your records for the unemployment benefits you did receive. The form itself may be from a state in which you do not live or did not file for benefits.
- While you are still employed, a notice from your employer indicating that your employer received a request for information about an unemployment claim in your name.
Appealing The Denial Of Your Unemployment Insurance Application
The laws that govern unemployment in California can be complex. As a result, many employees have a difficult time obtaining unemployment benefits California or California unemployment insurance. With the California unemployment rate on the rise, this could mean that many former employees may experience problems handling their unemployment benefit claims and unemployment applications. Contact an experienced labor lawyer at Blumenthal Nordrehaug Bhowmik De Blouw LLP for free legal advice about filing for unemployment in California to help you determine your eligibility for unemployment benefits. Our unemployment lawyers offer free initial consultations for all employment law issues. Often times when employees call our labor law offices in San Diego, San Francisco, Los Angeles, Sacramento or Riverside for free legal advice about unemployment insurance appeals.
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Obtaining Government Records Faqs