Lathrop, CA asked in Employment Law for California

Q: I filed for unemployment in March was approved but still have no payment

Called for motnths to find out I needed to prove identify faxed and uploaded have had no response

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: That is a substantial delay. However there are no practical solutions to your problem other than to (1) continue to make diligent efforts to make actual voice contact with someone at the EDD to express your concerns and get answers and/or (2) continue to be patient. The EDD is overworked and understaffed. Many matters are being delayed, but I have not heard of anyone in as long of a delay as you so far without there being a reason for it provided. The unfortunate thing is that the only way you can try to force the EDD to do anything is through a process called a writ, and that is hard to win, and quite expensive for you to do as you will need an experienced attorney to even attempt it.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear about your problems in dealing with EDD. IMEx they are not usually so unresponsive because they are somewhat sensitive to the needs of the people they serve. I understand that advocating "patience" is not very satisfactory when your cupboard is empty, or you may be facing an eviction, but the government is like the water buffalo in the middle of the road, you just have to wait until it moves, cause the alternative is not so good. Mr. Petersen describes a Writ of Mandate to Superior Court. This would have to be specially written as there are no forms and you would have to pay an attorney to do so for you, at a cost that is probably more than your EDD benefits. You might seek some aid from a local Legal Aid society, contact your county bar association for a referral.

IMEx= In my experience.

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