Friday, January 2, 2015

There is no category for Employment Law. The lawyer who first answered my question suggested I resubmit my question underemployment Law. Whe...

Question

There is no category for Employment Law. The lawyer who first answered my question suggested I resubmit my question underemployment Law. Where do I place my question?

I am in California. An employee filed for UI. I offered him a job and he choose not to accept. A judge ruled in his favor. I do not know why. Three years later and three appeals, I have no answer. I am at the point of filing a writ of mandate to Superior Court. I want to know why this employee is enitled to UI.

Cost: Free

United States California 92078 Insurance Law

1/17/14, 12:02 pm

Answer (1 of 1)

Your question is more about employment law than insurance law. Please re-post it under that category, so more lawyers with the relevant expertise will see it.

Good luck.

Edward Hoffman

Law Offices of Edward A. Hoffman

11755 Wilshire Boulevard, Suite 1250

Los Angeles, CA 90025



Answer

The category is actually called "labor and employment law". I'm sorry that I wasn't more clear the last time.



Answer

Employment law is the right category for this type of question.

Without looking at all the facts and the judge's ruling, it's not possible to advise you here. At an absolute minimum, your job had to be substantially the same as the prior position, including the same compensation. You may have had some procedural problems with your claim. There are other possibilities. Without reviewing your case, however, it is not possible to say more.

I suggest you speak with a labor lawyer who can review the judge's opinion, look at your underlying documents, and speak to you about exactly what happened. That's really the only way to get a better understanding of your situation. The attorney can also give you a sense of your chances of success on your writ.



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