Wang

Plaintiff and appellant Cheng T. Wang (Wang) appeals a judgment denying his petition for writ of mandate (Code Civ. Proc., § 1094.5) by which Wang sought to set aside a decision by defendant and respondent California Unemployment Insurance Appeals Board (the Board) denying his request to backdate a claim for benefits.

The essential issue presented by Wang’s argument is whether the lack of an advisement by an employer to an employee regarding the right to file for unemployment benefits excuses an employee’s failure to file a timely claim for benefits.

The lack of such advisement does not provide good cause for a delayed filing because an employer has no affirmative duty to advise a discharged employee in this regard. However, an employee’s unawareness of the right to seek unemployment benefits due to any number of reasons may provide good cause for a reasonable delay in filing a claim. Because Wang failed to show good cause for his two-year delay in filing for benefits, the judgment is affirmed.

Factual and Procedural Background

On May 29, 1987, California State University, Long Beach (CSULB), discharged Wang, the holder of a Ph.D. degree, from his position as…