Administrative Hearings and Appeals Category: Work and Employment Law

Overview

Hearings are usually held by an appeals board either within the same agency or provided by the California Office of Administrative Law. They are usually less formal than a trial would be. The appellant can have an attorney represent them, but it is s not required.

To appeal a board decision, you generally seek “judicial review” in a trial court, using a writ of administrative mandate (mandamus). In most cases, this review is not a new trial with a chance to provide evidence, but a review of whether the hearing was fair and gave you “due process of law.”

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Victims of Crime Resource Center
Crime and Prisons
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California Victims Resource Center may be able to offer limited representation to victims of crime. Through this service, victims will be able to receive assistance from attorneys in exercising their rights at various stages in the criminal justice process (pre-trial, trial and post-trial).

 

Legal Services of No. Cal.: Health Program
Health
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Serving health consumers in 32 counties, with problems related to obtaining and keeping health coverage, and accessing health care services.

Legal Services of Northern California
Courts and Procedure
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Provides free civil representation to low-income clients on issues related to  housing (landlord-tenant disputes) and government benefits issues (CalWorks, General Assistance, Social Security, Unemployment, etc.), health benefits (Medi-Cal, Medicare, Covered California, private insurance, etc.), and other civil legal matters.

Disability Rights California  
Administrative Law
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Advice on rights, some legal representation available for disability-related legal matters.

Elder and Health Law Clinic
Estates Wills and Trusts
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Academic year only. Typically open for intake during June/July and November/December for one to two weeks., Certified law students provide legal advice and undertake representation of low-income individuals 60 and older in the greater Sacramento area. Priority cases include nursing home residents’ rights, alternatives to conservatorships, Social Security, Medicare, Medi-Cal, SSI, health care access, housing, elder abuse, advance health care directives, and simple estate planning tools.

Equal Employment Opportunity Commission
Civil and Human Rights
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In-person, phone, or online assistance in filing a claim, as well as mediation services.

HICAP Services of No Cal (Medicare)
Health
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HICAP Services of Northern California offers the following free basic services related to Medicare and Long Term Care Insurance: counseling and advocacy, legal representation and referral services, and community education. Services are available to residents in El Dorado, Nevada, Placer, Sacramento, San Joaquin, Sierra, Sutter, Yolo and Yuba counties regardless of income or age.

Capital Pro Bono Employment Law Clinic
Work and Employment Law
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Employment Law Clinic appointments are held throughout the week by appointment only, depending on volunteer availability. If you would like more information or are interested in being scheduled for an appointment, please call or fill out the Contact Us form on the Capital Pro Bono website.

Community Legal Services Clinic (McGeorge)
Health
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Students at the McGeorge School of Law can serve low-income clients in the areas of Immigration, Bankruptcy, Elder & Health Law, and Homeless Advocacy.

Civil Rights Department (Formerly Dept of Fair Employment and Housing)
Civil and Human Rights
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Investigates and provides conciliation services in cases of unlawful discrimination in employment, housing, and public accommodations. Complaints can be filed online or by mail.

Dept of Workers Comp Information and Assistance Unit 
Accidents and Torts
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Monthly workshops on workers’ rights and workers’ compensation procedures, individual advice available.

Filing A Notice of Appeal of a Labor Commissioner Decision

If an employee has a wage and hour dispute with his or her employer in California, the employee may file a claim with the California Department of Industrial Relations, Division of Labor Standards Enforcement. These matters are often settled or resolved without a hearing, or may be decided at an...

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Writ of Mandate for Unemployment Benefits

Need info on appealing within the EDD? The website of the California Unemployment Insurance Appeals Board (CUIAB) provides links to forms, instructions, and a video on appealing within the EDD. Background If you have been denied unemployment benefits, and have exhausted all of your administrative appeals, you may petition the...

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