What Happens After the Audit? What Happens If I Disagree With the Result? -One

So the auditor comes back, you've gone through the audit process and there's a report. If you agree with the report and you agree with the liability, then you're done so you sign off on the report. Whatever you owe you either pay it or it goes to collections. If you don't agree with the report, then you have some options. Option number one is you can continue to go back and forth with the auditor, get the auditor's manager involved or get the head of the audit unit for the local office involved depending on how high you want to take that. Depending on the facts of the case, depending on who the auditor is, the personalities, you may or may not want to do that. If you ultimately get to the point where you decide to stop working with the audit unit, then you will file an appeal. In order to issue you an assessment, you'll file an appeal and you'll go through the EDD appeals process. So EDD appeals are handled by an organization called CUIAB that stands for the California Unemployment Insurance Appeals Board. So you can go through the formulaic appeals process, in which case you'll get your "day in court" or you can go through the EDD settlement department and try and settle your liability out. Depending on the facts, depending on the circumstances, depending on the people involved, there are a variety of different avenues and you know we found success kind of at a bunch of different levels so it's difficult to say without any knowledge of your actual situation what's the best route to go. But generally speaking that's kind of what you're looking at and those are three flavors for if you ultimately get your result and you don't like it.


Sam Brotman, JD, LLM, MBA

Owner and Director of Legal
Brotman Law