Wht to do if my former employer lied to EDD so that am denied benefits?

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Wht to do if my former employer lied to EDD so that am denied benefits?

After being denied unemployment benefits and applying for the appeal I found our my former employer has lied to EDD stating I made “snide remarks” and “chaffed against their way of doing things” and had “poor performance”. I honestly tried my best and never made any negative remarks to anyone. What is the best way to win my appeal when employer is clearly lying and I cannot prove it?

Asked on May 9, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, retain an attorney with experience in unemployment appeals. There is nothing you can do in a situation like this that will help you as much as getting experienced counsel, who knows how to present evidence, how to frame arguments, the law and regulations, and (ideally) the people at EDD, on your side.

Second, look for any evidence, whether direct or indirect, that you could marshal to rebut what your employer has claimed. Are there co-workers who will testify on your behalf? Do you have good employment reviews to offset the claim of poor performance? Right now, it seems to be your employer's word against yours--you want to change that dynamic, by getting additional evidence or testimony to support your position.


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