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You have the right to file an appeal if you do not agree with all or part of the decision. An employer or claimant who disagrees with a Notice of Determination, or Notice of Modification and wants to file an appeal must complete an Employment Development Department Appeal Form, DE 1000M or send a letter to EDD at the address shown on the notice. The letter must contain:
Claimants must include their name, address, and telephone number; social security number, and the reason for the appeal. For employers, the letter must contain the company’s name, address, telephone number, and reserve account number; the former employee’s name, and social security account number; and the reason for the appeal.
The decision will be reviewed and if it is correct (according to state law and regulation), the appellant is sent a notice that the appeal has been sent to the Office of Appeals. The Office of Appeals schedules the hearing, sends information about the hearing, and advises the employer and claimant where and when to appear for the hearing.
The hearing notice contains important information about the appeals process. An Administrative Law Judge hears the appeal and testimony is taken under oath. After the hearing, the Administrative Law Judge mails a decision to all parties.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified employment lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.