< Back to California Paid Family Leave

EDD PFL interrupted by wrongful termination - how to prepare for appeal hearing?

I'm in such a rough spot with my EDD benefits after being let go while on maternity leave. I was 6 weeks into my PFL baby bonding time when my employer terminated me, claiming 'performance issues' that never existed before! After filing for continued benefits, EDD denied my claim in February 2025, saying I was terminated for misconduct (completely untrue). I have an appeal hearing scheduled for tomorrow over the phone and I'm absolutely terrified. I've been without income for almost 3 months now with a newborn at home. The worst part is that all my evidence (positive performance reviews, communications about my leave) were in my company email that I was locked out of immediately upon termination. I worked for this company for over 8 years with perfect attendance and suddenly they're making up these allegations? I think they're retaliating because I was vocal about maternity benefits in our parent support group at work. Has anyone successfully appealed an EDD denial when transitioning from PFL to unemployment? How should I present my case without breaking down emotionally? What kind of questions will the judge ask? I'm desperate for any advice on handling this hearing!

Miguel Diaz

β€’

First, take a deep breath!!! The appeal judge is NOT there to trick you or make it hard. They jsut want to hear the facts. I went thru this exact thing last yr when my company fired me during my pregnancy disability leave. Here's what helped me win: 1. Write down everything that happened with DATES!!!! when you started PFL, when fired, any convos u remember 2. Just answer the questions directly - don't ramble or get emotional (i know its hard!!!) 3. Explain that you have no access to ur email/evidence because they locked u out 4. Focus on your good work history - 8 yrs is a LONG time to suddenly have "performance issues" Also very impt - the judge will likely ask if you received warnings before termination. If u didn't, make that SUPER clear!!! Good luck tommorrow!!!

0 coins

Ava Johnson

β€’

Thank you so much for this! Writing everything down right now. Did they ask you a lot about why you think you were fired? I'm worried I'll sound paranoid if I mention the retaliation aspect, but that's honestly what happened.

0 coins

Zainab Ahmed

β€’

I won my EDD appeal after being terminated during my baby bonding period. The key is understanding that in California, the burden of proof is on the employer to demonstrate misconduct. This is a specific legal term that means willful disregard for the employer's interests - not just poor performance. Prepare by: 1. Documenting your 8-year history with dates of positive reviews or promotions 2. Noting any awards or recognition you received 3. Explaining clearly that you received no formal warnings prior to termination 4. Detailing the timeline of your PFL claim and when termination occurred relative to it The judge will likely ask for your side of the story first, then question the employer. Remain factual and professional. Since your termination occurred during protected leave, mention that specifically but without making legal conclusions. Good luck with your hearing. The system can work as it should when the facts are presented clearly.

0 coins

Connor Byrne

β€’

^^ THIS is excellent advice. I'm an HR professional and see this from the other side. Companies that fire somone during PFL or right after returend from leave need to have EXTENSIVE documentaton. If they dont have prior writeups from BEFORE your leave, theyr screwed. The timing looks SUPER suspicious to EDD.

0 coins

Yara Abboud

β€’

Omg I've been there!!! It's so crazy how these companies think they can get away with this stuff! My company tried to say I "abandoned my position" when I was literally on APPROVED baby bonding leave lol. Like I had the approval email and everything. Don't worry about crying btw, my hearing I totally cried and the judge was actually really nice about it. Just apologized and kept going. They know this is your livelihood!

0 coins

Ava Johnson

β€’

That's actually really reassuring about the crying part. I'm trying to stay strong but with the stress of a new baby plus all this financial pressure, I'm definitely emotional. Did your employer show up to your hearing?

0 coins

PixelPioneer

β€’

Just went through this in January! I was denied initially too. The hearing is stressful but not as bad as you think. My advice - don't badmouth your company even if they deserve it! Just state facts and timeline. When I had my hearing, I answered only what was asked and didn't volunteer extra info that might confuse things. Make sure you mention: - You were on approved PFL baby bonding leave - You had no performance issues communicated before leave - You had 8 years of service (that's huge!) And stay calm! I know it's hard with a baby and no money coming in. Judges know the law and know that firing someone during/right after protected leave looks suspicious. Fingers crossed for you!

0 coins

Ava Johnson

β€’

Thank you! Did you have to provide any documentation for your hearing? I'm worried because they have my performance reviews and emails but I don't have access to anything.

0 coins

I ran into a similar nightmare trying to reach EDD about my wrongful termination during maternity leave. I kept calling for WEEKS and couldn't get through. Finally I used Claimyr (claimyr.com) to reach an actual human at EDD and it was a game changer for my appeal prep. They connected me within about 25 mins when I'd been trying for days on my own. The agent walked me through exactly what documents I'd need for the hearing and how to request evidence from my former employer. She even noted in my file that I'd been locked out of my company email so the judge would know I had limited access to evidence. Check out their video demo: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 Might be worth connecting with EDD before your hearing tomorrow just to make sure you're fully prepared!

0 coins

Paolo Rizzo

β€’

I can second this recommendation. When I had my hearing last year, I was completely unprepared until I spoke with an actual EDD representative who explained that I could request a continuance if I needed more time to gather evidence. This service would have saved me weeks of frustration trying to get that information.

0 coins

Miguel Diaz

β€’

UPDATE?????? How did it go?????

0 coins

Ava Johnson

β€’

OMG I WON!!!! I still can't believe it! I stayed super calm like you all suggested and just stuck to the facts. When they asked about performance issues, I pointed out that I had received a merit increase just 2 months before my maternity leave started. The company rep actually got caught in a lie when the judge asked about written warnings - they claimed they'd issued some but couldn't produce ANY documentation! Judge seemed really suspicious about the timing of everything. I just got notification that my benefits are approved retroactively! I'm literally crying with relief. THANK YOU all for the advice and support! Now I just need to figure out how to get the EDD debit card since I haven't received it yet.

0 coins

Paolo Rizzo

β€’

Regarding the EDD debit card - it doesn't always arrive automatically after a decision reversal. Since you mentioned you're seeing weeks show as paid online but haven't received your card: 1. The card is issued by Bank of America, not directly by EDD 2. If this is your first time receiving benefits, a new card should be automatically issued within 7-10 business days of your first payment posting 3. However, after appeals, sometimes this process needs manual intervention I would recommend calling Bank of America EDD Debit Card customer service directly at 1-866-692-9374 to check on status. You'll need your EDD Customer Account Number and personal information to verify your identity. If they don't show a card in process, then contact EDD to ensure they've properly processed your account for payment distribution. The retroactive payments won't do much good if you can't access them!

0 coins

Ava Johnson

β€’

Thank you for this detailed info! I just called BofA and they confirmed my card was mailed yesterday! Should have it by next week. I'm so relieved this nightmare is finally ending.

0 coins

Yara Abboud

β€’

So happy for you!!! There's nothing better than that feeling when you finally WIN against a company that tried to screw you over during the most vulnerable time of your life. Enjoy your baby without all that stress hanging over you! πŸ‘ΆπŸ’•

0 coins

Connor Byrne

β€’

Congrats!! And just so you know, you might want to consult with an employment attorney too. Being terminated during/right after protected leave could potentially be grounds for a wrongful termination suit. The fact that you won your EDD appeal strengthens your position. Just something to consider!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
7,204 users helped today