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NY Times Knocks Company Copley Used to Fight Unemployment Claims
As far as I've been able to determine, every UI claim is reported by the EDD to the employer, and the employer is provided the opportunity to contest it. Say for example they tell you that your termination is a layoff, but when EDD sends the notice, they come back with some cause. That stops your claim dead in its tracks. If you don't contest the denial, you see no benefit payments. If you do contest it, then you see a "judge" and have a hearing. =========================== Every employee who files an UI claim has his or her employer contacted by EDD. If the employer does not contest the claim then I would assume it is an automatic default win for the employee. The EDD employee interviews the former employee/applicant and that EDD employee then makes the initial determination of benefits. Not a judge. These initial determinations are, in my experience, just crap shoots. The EDD employees are not properly trained and the ones I have dealt with in the past have the brainpower of untrained circus chimps. Either side can then appeal the EDD's initial ruling, and then an administrative hearing is scheduled. The fact is this, “for cause” denials of UE insurance are the rare exception. The employer has the burden of proof and it is a fairly high burden to meet, as discussed next. Being incompetent, stupid, dumb, not getting along with coworkers, being difficult to work with, excessive illness- not a single one is "for cause". As long as the employee is "ready, willing and able" to do the job, and show up for work and try- they are eligible for the UE benefits. An employer can fire you for any reason they want to (absent an employment contract), but they don’t get to deny you UI for any reason-it is limited to “for cause” which is usually a criminal act or dereliction of job duties-such as showing up late, not showing up at all. As for the administrative judges making the wrong choice-this does happen and I must say it is common in my experiences-even though the administrative judges are licensed CA. lawyers. It is not a very good system, especially if the EDD employee makes the WRONG determination up front. That forces the applicant to go 2 months (maybe more today) with NO money coming in before an administrative hearing can be held. The applicant must still file their weekly UI claim but the money is not paid until the administrative judge over rules the initial denial.— April 4, 2010 10:33 p.m.
NY Times Knocks Company Copley Used to Fight Unemployment Claims
Denying UI claims is really a cruel thing to do. You've already taken the employee's livelihood and thrown it in the trash ============== Here is the thing though-these companies like Talx CANNOT deny an UI claim-they can only constest the claims to the EDD. The rules of getting UI are simple and straight forward-if the claims are getting denied then either the EDD employee is an idiot and does not know the rules/law-which is very common, or the employee was canned for cause-which usually means they were coming in late, stealing, or some other legit reason. But the notion that a Talx can come in and unilaterally stop people from receiving legit UI claims is false. The decision lies with the EDD, the EDD alone, and in the majority of cases the employer is simply going to lose. I highly doubt it is cost effective to hire a company like Talx. I went up against one of these companies in an UI claim many years ago, and I destroyed them. It wasn't even close. I am sure I was very typical.— April 4, 2010 7:54 p.m.
Bearded Man Denied Entry into U.S.
The illegal immigration problem is fixing itself with NO job creation in CA.— April 4, 2010 7:46 p.m.
Wave of Concern
Wow, that is a tough one. A 911 call seems to be the only other alternative. If you see that kind of abuse again-911 it.— April 4, 2010 3:56 p.m.
Union-Tribune sold cheap to Platinum Equity
But you're correct, it isn't just the Fed. I do, however, wonder what would have happened if the Fed didn't have an open window to dip into the economy and affect it like they did. ============ The economy went bust b/c the gov ALLOWED private business to manipulate the markets through the lowering of underwriting standards for home loans. THAT CREATED THE BUBBLE.— April 4, 2010 3:53 p.m.
NY Times Knocks Company Copley Used to Fight Unemployment Claims
Many larger companies use firms such as Talx, but they are not the ones to blame= USUALLY. In my experience the biggest point of failure is the EDD office itself, and the mental morons they hire to make an initial finding of eligibility. The EDD people generally are very slow and fairly incompetent. If either side loses at that initial stage, an administrative hearing/trial is set up. That process used to take 60 days from time of request to decision. If the employee was found at fault (fired for CAUSE, such as theft, truancy etc.) then no money was paid for that 2-month period and the claim was denied. If the employee won at the admin hearing then all the back pay for that 2-month period was awarded and future payments were paid. It has also been my experience that a high % of the admin judges were/are also fairly incompetent. If you were to lose at the admin hearing you appeal to the Superior Court, which is a fairly complex proceeding and most people would not be in a position to make an appeal to the Superior Court because of attorney costs. In fact most people do not even request admin hearings b/c they are ignorant of their rights. I have heard that today that the time period for the initial admin hearing process can take up to 4 months (don’t know if that is true). If you have no money coming in then 4 months is enough to have you to living on the streets and homeless. I was involved with FIVE!!! EDD appeals within a 20-month period in the early 90’s, and ALL FIVE were reversed at the admin hearing-4 went my way, one went the employers way. But that shows you the quality, and how far off the mark, the EDD employees were. Five initial decisions, out of five, were over turned. That is a pretty sad record. Generally speaking appeals should not be overturning in more than 10% of cases-if the % is higher than 10% you have some pretty incompetents making the initial rulings. EDD, like all government jobs, is an environment filled with nepotism, cronyism and the hiring of unqualified employees based on factors other than merit.— April 4, 2010 2:54 p.m.
Union-Tribune sold cheap to Platinum Equity
Yes, potentially, posting comments on the internet can lead to misunderstandings concerning the intent of the comment. And no matter what, I've come to understand that I'm going to piss SOMEONE off, regardless of my intentions otherwise. It can be frustrating. I have absolutely no problem with opinions different from my own, it's enlightening and entertaining. By refriedgringo ================== Hey, welcome to the club! But I will say this, some of the people who get "pissed off" will try to silence you and your opinion/s just b/c they don't agree with it- and they do that by making personal attacks. That has happened to me more than once here and when they start trying to silence your opinion b/c they don'/t agree with it by making baselss personal attacks, then that causes problems. So different opinions is one thing, making personal attacks b/c of your opinion/s is another animal all together.— April 4, 2010 12:18 a.m.
Union-Tribune sold cheap to Platinum Equity
I think she spent close to $100 million on the Salvation Army community center,bequeathing over $1billion more after her death and her bequest of $200 million is legendary to NPR supporters such as myself. Don put it accurately. She was an Angel. By maninthemirror ========================== I remember one natural disater years ago that happened somewhere in the states-midwest?- a flood, hurricane, something big. This disaster made many, MANY people homeless and (as I recall it) someone donated an enourmous amount of money ($100 million??) to help these people-donated it anonymously. Well-Guess who it was???? Joan Kroc. That tells me everything I need to know about Joan Kroc-she was light years ahead of ANYONE else in San Diego for putting their money where their mouth is. Someone mentioned Ray as being the kind of team owner they could rally behind-I agree 100%. He was a great owner of the Padres. Every now and then they run a profile on McDonalds-and Ray Kroc- on TLC or Bravo or one of those cable chanels and they cover the Padres ownership by Ray-good stuff.— April 4, 2010 12:11 a.m.
County's Job Loss One of Worst in U.S.
We don't know how many of the jobs gained were census workers hired for only several months. Actually, it takes more than 100,000 jobs a month just to keep up with population growth ============ Someone on one of those cable news chanels a few days ago said that if the economy created 300K new jobs every month it would take 5 years just to get back to where we were in 2008. I am still behind the President, and I know he is doing exactly what Ronnie Raygun did back in 1981 and 82 (granstanding/making positive forecasts as a way to show leadership). The problem is our problems are much bigger and much deeper than in 81 or 82, and we have much more global competition for jobs........... As far as job "creation" or "jobs saved" claimed by the President, I have seen the stats, and what essentially happened is the TARP/bailout money that went to the states essentially just kept gov employees from taking pay cuts or job losses. It was just more smoke and mirrors. In fact less than 10% of the TRAP/bailout money created any real jobs. Instead of helping the ecomony that money just enabled state gov's to keep on spending wrecklessly- without making needed reforms. We need to put a lid on gov spending (85% going to gov emplopyee comp). I think if we do that the private sector MAY have a chance to build....but if public spending is NOT capped we are dead ducks.— April 3, 2010 4:37 p.m.
County's Job Loss One of Worst in U.S.
HEY EVERYONE, Great News!!! Obama just said the "economy has turned the corner"!!!!! I am going to have to start calling The Prez "Big Ben Bernanke II"; "Obama says economy starting to 'turn the corner'" "At a North Carolina plant, the president points to job numbers as proof that his economic policies are taking hold and says the U.S. had a 'moral imperative' to reform healthcare." http://www.latimes.com/news/health/healthcare/la-… Yes, the job numbers are "proof" we heading out of the "Great Recession". I mean if tThe Prez said it, then it MUST be true!— April 3, 2010 8:53 a.m.