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Is the appeal packet with information available at the onset of the appeal acceptance? I realize more information can be added, but I am not sure if I could head over tomorrow and view what is available thus far.
You could maybe go tomorrow. I'd call first. At a minimum, you'll have everything that was used in making the initial determination. If read with a critical eye, you can infer quite a few things. Most everyone can walk out with a copy of everything provided by the appeal office, but if not, take a phone so you can take pics of the papers.
If this is California, I received similar instructions to submit documents early for an in-person hearing, then got attitude from the ALJ for presenting documents at the hearing that I did not provide by the submission deadline. ALJ did allow my documents.
It's CA. I'm surprised what happened to you, but it could be because you were a claimant. I swear we had a thread where an employer brought more to the hearing that the claimant hadn't seen, and the ALJ allowed it, and I thought that was unfair and figured after that that claimants could do the same thing. I'm glad you let us know that it doesn't work in both directions.
I went to the place of my appeal today. My appeal is set for next Monday in the early AM.
I was told by the EDD employee the earliest my file would be there is Thursday (it wasn't there today they stated...though they didn't even look).
I presented my appeal paper, and then the person told me the file would not be there until Monday, the day of my appeal. I was told the file is not sent to that office, but is instead in the possession of my ALJ. I was told I could come in early (I am one of the first or second people I would guess, since my appeal is to begin before 0900) and view the file, as early as 0730. So, at best I can have a little over an hour to view my entire file? I think this is unfair, but that is irrelevant. It just does not seem normal compared to what I have read here.
Besides going in early and knowing what is and is not misconduct (legal definition in CA has a few things that must be present) what are some other options / advice / things I should do to prepare?
Have you ever seen / heard of an instance where the packet is in the possession of the ALJ? That's the part that has me worried, because I do not recall reading anything here where that was the case.
It happened once but I doubt I could find the thread again, but even that person ultimately got the file before the hearing to be able to do something with the information.
Have you ever seen / heard of an instance where the packet is in the possession of the ALJ? That's the part that has me worried, because I do not recall reading anything here where that was the case.
Odds are the "file" is within EDD and just has not made it over to the hearing office. It should physically be available one or two days before the hearing, so if your hearing is Monday, maybe Thursday or most likely Friday it will be available.
As far as your documentation, you are supposed to submit all documentation you will be using to prove your case prior to the hearing. ALJ's can get snippy on this, but you have to know the law. A lot will depend on what you know and admitted.
So, unless you have already admitted to something specific or admitted knowledge of something specific, until you are presented with the specifics, you have no evidence to counter your employer because you currently have no idea what they will be saying. This is another reason we tell claimants to say or write nothing. Until your employer lays it all out on the line at a hearing, you really have nothing to submit as you have no idea what they are saying you did.
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