Fresno, CA asked in Employment Law, Gov & Administrative Law and Public Benefits for California

Q: what remedies are there for a UI client's when an employee from EDD violates his/her procedural rights (due process)?

I had a telephone interview appointment with EDD interviewer, interviewer asked why I was terminated? My answer: "That's what they claim. They did not ... interviwer hangs up and does not let me finish giving my reasons.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, if an individual believes that their procedural rights (due process) have been violated by an EDD employee, there are several steps they can consider. Firstly, they may file a complaint directly with the EDD, detailing the incident and any alleged misconduct. If the issue remains unresolved or if they are dissatisfied with the EDD's response, they can escalate the complaint to the California State Auditor. Additionally, they may consider contacting their local state representative or senator to seek assistance or to make them aware of potential systemic issues within the EDD.

Legal avenues can also be pursued, such as filing a lawsuit for a violation of due process rights, though this is a more extensive step that may require a deeper analysis of the facts and potential damages. It is crucial to keep detailed records of all interactions with EDD, including dates, times, and names of employees spoken to. For tailored advice and to assess the strength of the case, consultation with an attorney experienced in employment or administrative law is recommended. It's essential to act promptly to protect one's rights and ensure the best possible outcome.

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