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How much detail do i need to include in my appeal?


(california)

I live in california



Hello Chris,

I am getting mixed information. I hope you can clarify. I want of course to get in my appeal asap to get hearing date asap. I know that I will be putting my focus into preparing for the appeal.
I was told by an Employee Rights organization that all i need to write in my appeal- " I do not agree with the decision and would like to appeal". And that is it. I have read some places that you need to give specific reasons why you disagree with the decision. The decision was "broke a reasonable employer rule". Do I need to be specific? Do i need to name witnesses?
I am still working on what i want to present. If the simple statement would work to get it out asap- that would be great.

Thanks for the help



Hi,

I agree with the prevailing advice to simply state that you want to appeal because you disagree with the determination.

I realize that I briefly touch on some elements of a more detailed appeal on this page, but that information is only for those who insist .. despite the best advice to keep the appeal simple, short and direct. There's a lot of people who fancy themselves potential lawyers.

When I read detailed appeals
.. in my former job, I could always tell if the claimant was probably proceeding on the advice of an attorney .. or if the claimant wrote it themselves.

I used detailed appeals to gather up the right witnesses and question the employer about the availability of documentation I felt was necessary for them to win. Detailed appeals could also be very telling about who you would be dealing with .. as far as personality types.

Many appeals are actually the employer's appeal. In this situation a claimant may find it useful to be aggressive in regard to informational letters requesting subpoenas for witnesses and documentation, but in either case .. your appeal or the employer's, the best time to become aggressive with the stuff to prove or disprove your case is after the hearing notice arrives and as close to the hearing date as possible.

It has an effect .. especially for claimants .. because an offensive position from a claimant is unexpected. Of course this could also backfire .. if it is your appeal and you need the benefits NOW.

It really is just a strategy for positioning. Basically, my advice as far as detailed appeals is only when you think you have enough ammo to discourage an employer's attendance at the hearing. This is rare. They usually fight everything on "principle".

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Sep 21, 2009
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starstarstarstarstar 		thanks Chris
by: Anonymous

thanks for a detailed explanation. Actually, I had read your information on what to put in the appeal form and thought that was a requirement. I was concern what the Employee Rights Center was recommending to me. I have signed up for a consultation and look forward to working with you to focus on preparing for the appeal.



Looking forward to speaking with you:)

Chris

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