EDD denied unemployment after unfair termination - need advice on appealing hostile work environment claim

You absolutely need to appeal! I went through this exact situation last year after being fired from a medical office. Here's how the process works: 1. The appeal isn't a "trial" like you might be thinking. It's an administrative hearing with an Administrative Law Judge (ALJ). 2. You'll receive a notice with your hearing date (usually phone or video conference now) 3. During the hearing, both you and your former employer will testify and present evidence 4. The ALJ will make a decision based on the evidence presented Your evidence sounds strong. Make sure to organize it all chronologically and have a clear timeline of events. The key is proving that either: a) You weren't actually fired for misconduct (which includes poor performance), OR b) Their claims about your performance aren't true Focus on specific incidents and be factual rather than emotional during the hearing. If you can show a pattern of hostility before you raised concerns, and then termination shortly after, that strengthens your retaliation claim. Don't be discouraged by the 28% statistic - that includes people who don't prepare properly or have weak cases. With solid documentation, your chances are much better.

I successfully appealed an EDD denial after being fired from a dental office that claimed "poor performance." The reality was I reported OSHA violations and was terminated two weeks later. Here's what helped me win: 1. Timeline documentation - I created a detailed chronology showing my positive performance reviews before reporting issues, followed by sudden "performance concerns" after. 2. Witness testimony - A coworker testified about the real workplace conditions. 3. Medical documentation - My therapist provided documentation about anxiety caused by work conditions. 4. Inconsistencies in employer statements - The employer changed their story slightly between the initial EDD report and the hearing, which the judge noticed. The ALJ specifically noted in my decision that the employer failed to provide documentation of performance issues before termination, which undermined their claim. Make sure to practice explaining your situation clearly and concisely before the hearing. When they ask why you were terminated, start with "My employer claims it was for performance, but the real reason was..." and then briefly explain the retaliation aspect.

omg this same thing happend to me!! i got fired from a medical office and they LIED about why!! the appeal process is really intimidating but its worth it. the hearing was over the phone for me. my ex-boss didnt even show up which automatically made them look bad. YOU MUST SUBMIT YOUR EVIDENCE AHEAD OF TIME!! they will send instructions with the hearing notice. if you try to present stuff during the hearing that you didnt submit before they probably wont accept it. my advice is don't talk too much or get emotional. just answer the exact question they ask. i started rambling in my hearing and the judge cut me off lol. they want just facts not feelings.

Not to be a downer, but I had almost the exact situation at a physical therapy office and lost my appeal. The issue was that I didn't have enough written documentation. The judge basically said it was a he-said/she-said situation, and in those cases, they often side with the employer unless you have rock-solid evidence. My advice: 1. Get EVERYTHING in writing if possible 2. If your coworker is willing to actually testify at the hearing (not just provide a written statement), that's much stronger 3. Make sure your doctor's note specifically connects your anxiety to documented workplace issues 4. If you have any performance reviews or positive feedback that contradicts their "poor performance" claim, that's gold Also, be prepared for a long wait. My hearing was scheduled almost 7 weeks after I filed my appeal. Start applying for other benefits you might qualify for in the meantime.

Have you tried calling EDD directly to discuss the appeal process? I spent 3 HOURS on redial trying to get through last month about my PFL issue and never got anyone. Then I found out about this service called Claimyr (claimyr.com) that gets you through to an EDD agent usually within 10-15 minutes. They have a demo video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 I used it to talk to an actual EDD person who explained the appeal process to me and it was SO helpful to get specific answers about my situation rather than general advice. They can tell you exactly what documentation they're looking for in wrongful termination appeals.

Ugh I hate employers who do this!! The system is totally rigged against workers. My sister went through something similar and what really helped her was getting a free consultation with a labor attorney before her EDD appeal. Legal Aid organizations sometimes offer this for free. One thing nobody mentioned - if you win your appeal, you'll get retroactive payments for all the weeks they denied you. So definitely don't give up! Also check if your former employer had any clear policies that they violated in how they fired you. My sister's employer failed to follow their own documented disciplinary process (no written warnings etc) and that really helped her case.

I work in HR (not for EDD) and deal with unemployment cases regularly. One important thing: California is whats called an "at-will" employment state, which means technically you can be fired for almost any reason (except discrimination against protected classes or whistleblower retaliation). HOWEVER - and this is important - being fired for general "poor performance" without specific documented instances usually doesn't disqualify you from unemployment! To deny benefits, they need to show you engaged in "misconduct" which has a specific legal definition relating to deliberately violating reasonable employer policies. Slow performance, not meeting goals, or even making mistakes typically DON'T count as misconduct for UI purposes. The burden of proof is on the employer to show specific misconduct, not just general dissatisfaction with your work. This distinction helps many people win their appeals. Make sure to emphasize that no specific misconduct was documented.

one more thing!! if u win your appeal you'll get all the back benefits from when u first applied!! my friend got like $7,500 in backpay after winning her appeal because it took 3 months to resolve! just make sure you keep certifying for benefits every two weeks even while your appeal is pending. you have to keep doing that or you wont get backpay even if u win.