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Appeal template for Unemployment Claim audits

The following is a template letter that Lecturers may use when appealing unemployment claim audits by the Economic Development Department (EDD).

If you have questions or have been contacted by EDD, please contact your local CFA chapter today. The union is here to help you!

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[DATE]

Employment Development Department
Centralized Overpayment 
PO Box 2228
Rancho Cordova, CA 95741-2228

To whom it may concern:

 I am writing this appeal in regards to Case No_________, an overpayment for the weeks ending _____. I made a good faith effort to report my wages accurately. 

Temporary part-time Lecturers in the CSU have their semester salary disbursed in 6 monthly paychecks. We have no control over this salary schedule. Temporary part-time Lecturers in the CSU are only employed from the start date to the end date of each academic semester. This is described in Article 12.4 and 12.5 of the 2012-2014 Collective Bargaining Agreement between the CSU and the California Faculty Association (https://www.calfac.org/2014-2020-contract)

Consequently, the paychecks that Lecturers receive in early January and during summer are NOT wages earned during those times but are delayed wage payments from work performed during the previous fall or spring semesters. There was no overpayment.

The weeks in question also do not meet the criteria of EDD statutes 1257(a), 1375, or 1375.1:

Precedent Decisions P-B-72 and P-B-224 address the legal definition of what constitutes a “willful misstatement of fact”.

Precedent Decision P-B-26 and the California Code of Regulations Title 22, section 5066(f) establish a statute of limitations that precludes EDD from collecting overpaid benefits from any claim that expired more than a year earlier.

Finally, Section 1376 of the Unemployment Insurance Code provides that notice of overpayment  shall be mailed or served not later than one year after the close of the benefit year in which the overpayment was made. I was notified in 2018 about an issue from 2014.

I respectively request that EDD void the 8 week denial of benefits, the overpayment and the 30% penalty.

Sincerely,

[Name here]

Commands