California Unemployment

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Hi Keisha! I'm new to this community but unfortunately dealing with a very similar situation - my employer also falsely claimed misconduct when I was clearly laid off due to budget constraints. Reading through this entire thread has been incredibly helpful! I was also terrified about the hearing process, but everyone's experiences here make it sound much more manageable than I expected. The fact that it's usually just a phone call with an informal conversation rather than a formal courtroom setting is really reassuring. One thing that's helped me prepare is organizing all my documentation into a simple folder - emails about budget cuts, any termination paperwork, performance reviews, etc. Having everything in one place makes me feel more prepared and less anxious about the process. From what I've learned here, your case sounds really strong. You have documentation of budget cuts, you filed your appeal promptly, and you know the truth about what happened. Misconduct has a very specific legal definition, and budget-related layoffs absolutely don't qualify. The anxiety is definitely the hardest part, but this community has shown me that when people have the truth and documentation on their side like you do, the appeals process really does work. You've got this! Keep us updated on how it goes.

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Welcome to the community, Angelica! It's unfortunate that so many of us are dealing with these false misconduct claims, but it's really helpful to have this supportive group sharing experiences and advice. Your tip about organizing all documentation into one folder is excellent! I've been gathering my emails and paperwork but hadn't thought about putting it all in one organized place. That will definitely help me feel more prepared and less scattered during the hearing. It's so encouraging to hear from multiple people that the appeals process actually works when you have documentation and the truth on your side. Reading everyone's success stories in this thread has really helped calm my anxiety about the whole situation. Thanks for the reassurance about my case being strong - I'm trying to stay positive and focus on preparing thoroughly rather than worrying about things I can't control. This community has been such a lifeline during this stressful time!

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Hi Keisha! I'm new to this community but unfortunately going through a similar situation. My employer also falsely claimed misconduct when I was actually laid off due to company-wide budget cuts - it's incredibly frustrating when they try to avoid paying unemployment benefits this way! Reading through this entire discussion has been so helpful and reassuring. I was also terrified about the hearing process, but everyone's experiences here show that it's much more manageable than I initially thought. The phone format and informal nature of the hearings sounds way less intimidating than a formal courtroom setting. From everything shared here, your case sounds really strong. You have documentation of budget cuts, you filed your appeal quickly, and most importantly - you have the truth on your side. Multiple people in this thread have mentioned that misconduct has a very specific legal definition, and budget-related layoffs absolutely don't meet that standard. One thing that's helped me prepare is writing out a simple timeline of events with key dates - when budget issues started being discussed at the company, when layoffs began, when I was terminated, etc. Having that structure ready makes me feel more organized and confident about explaining my situation clearly. The anxiety is definitely the worst part of this whole process, but this community has shown me that the appeals process really does work when people have documentation and truth like you do. You're not alone in this - we're all rooting for you! Please keep us updated on how everything goes.

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I went through this exact same process 6 months ago and won my appeal! Here's what I wish someone had told me from the start: 1. **Timeline matters** - you only have 30 days from the date on your disqualification notice to file your appeal, so don't delay. 2. **BE VERY SPECIFIC** on the DE 1000M form. Don't just write "I was laid off" - write something like "I was notified on [date] by my supervisor [name] that my position was being eliminated due to company budget cuts. I did not resign or quit voluntarily." 3. **Organize your evidence** - create a simple timeline of events with supporting documents for each point. This will help both with your written appeal and the hearing. 4. **Practice your story** - you'll need to clearly explain what happened during the hearing. Practice telling your story in a logical order without getting emotional (even though it's frustrating!). The good news is that if you truly were laid off and have documentation, these cases are usually winnable. The key is being thorough and organized. You've got this! Let me know if you need help organizing your timeline or have other questions.

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This is exactly the kind of step-by-step guidance I was looking for! Thank you so much Sean. I'm definitely within the 30-day window (just got the notice yesterday) and I love the idea of creating a timeline with supporting docs. Quick question - when you say "practice your story," did you actually rehearse it out loud or just write it down? I'm worried I'll get flustered during the phone hearing and forget important details.

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I actually did both! I wrote out my main points first, then practiced saying them out loud several times. It really helped because during the actual hearing I was super nervous but having rehearsed made me feel more confident. I'd recommend recording yourself on your phone - it sounds weird but you'll catch places where you ramble or miss key details. Also, keep your timeline document right in front of you during the hearing so you can glance at it if you get stuck. The judges are usually pretty patient and will give you time to collect your thoughts if needed.

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I just went through this nightmare last year and want to share a few things that really helped me win my case: **Documentation is EVERYTHING** - I collected every piece of paper I could find: my layoff notice, the email chain about budget cuts, even my final paycheck stub that showed "layoff" instead of "termination." The more official documents you have, the stronger your case. **Don't assume EDD has your employment records** - they often don't have the full picture and rely heavily on what your former employer reported. This is why YOUR evidence is so crucial. **Write a cover letter with your appeal** - I included a one-page summary explaining exactly what happened, referencing the attached documents. Something like "As evidenced by the attached layoff notice dated X, email from manager dated Y, etc., I was involuntarily separated due to company budget constraints, not voluntary resignation." **Keep detailed records going forward** - document every interaction with EDD, keep copies of everything you send them, and note dates/times of phone calls. The whole process took about 2 months for me but was 100% worth it. Once I got to the hearing and presented my evidence, the judge overturned the decision within a week. Stay organized and persistent - you can definitely win this if you were truly laid off!

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Hey Paolo, I just wanted to chime in with some encouragement since I can really hear the stress in your original post. I went through a very similar situation about 6 months ago - also got disqualified for missing documentation when transitioning from disability back to UI, and I was absolutely panicking about the whole process. The good news is that your case sounds very straightforward since you now have exactly what they originally asked for. In my experience, EDD tends to be pretty reasonable about these kinds of documentation oversights, especially when you provide a clear explanation and the required paperwork like you did. While you're waiting, try not to refresh your portal obsessively (I know, easier said than done!). The status changes can be pretty random and don't always reflect what's actually happening behind the scenes. Focus on the fact that you've done everything you can at this point - you submitted a thorough appeal with the doctor's note and explanation letter. Based on what others have shared here about timelines, you should have some kind of update within the next few weeks. And honestly, cases like yours where it's just a missing document (that you now have) seem to have good success rates during that pre-appeal review phase. Stay positive!

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Thank you so much Diego, that really means a lot! I've definitely been obsessively checking my portal multiple times a day which is probably just making my anxiety worse. It's really encouraging to hear from someone who went through the exact same thing and came out okay on the other side. You're right that I've done everything I can at this point - I submitted the appeal with all the documentation they need, so now it's just a waiting game. I'm going to try to follow your advice and stop refreshing the portal constantly. The stress of not knowing what's happening is almost worse than the original problem! Really hoping the pre-appeal review works out since everyone seems to agree that having the actual document they requested puts me in a much better position. Thanks again for the encouragement - it helps to know I'm not alone in dealing with this mess of a system.

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I'm actually dealing with a very similar situation right now! Got disqualified when switching from disability back to UI because I didn't realize I needed medical clearance documentation. Just like you, I submitted my appeal with the doctor's note and a detailed explanation letter about 2 weeks ago. My status also changed from "disqualification" to "appeal" and I've been wondering the same thing - is this good news, bad news, or just neutral? Reading through all these responses is really helpful, especially hearing from @4ae5077595c6 who seems to know the system well. The 2-3 week timeline for pre-appeal review gives me some hope that we might hear something soon. I'm trying not to get too anxious about it, but it's hard when you're waiting for benefits you really need. At least we both have the documentation they originally asked for now, which seems to put us in a better position than if we were appealing empty-handed. Fingers crossed that both our cases get resolved during that pre-appeal review phase and we can avoid the whole hearing process altogether!

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I'm really sorry you're going through this situation - it's incredibly frustrating and stressful to lose your job after simply requesting basic accommodations that you're legally entitled to under the ADA. From everything you've described, you have a very strong case for UI benefits. The key factors working in your favor are clear: 3 years of solid performance reviews, termination only occurring after requesting reasonable accommodations, and an employer who didn't even attempt to engage in the interactive process required under ADA law. A standing desk and flexible breaks for a back injury are textbook examples of reasonable accommodations that would typically cost an employer very little and wouldn't fundamentally alter the nature of your customer service role. Their claim of "undue hardship" for such minimal requests is going to be very difficult for them to justify to EDD, especially if you worked for a company of any reasonable size. When you file your claim, make sure to: - Select "discharged" rather than "quit" - Be specific about why you were terminated: "Employer terminated me after determining they could not provide reasonable ADA accommodations for my documented disability" - Gather all your documentation: accommodation requests, medical records, performance reviews, and their response - Start documenting your job search efforts immediately Your employer will likely contest the claim, but based on similar cases shared in this community, employers rarely succeed when they've clearly terminated someone to avoid accommodation costs rather than for legitimate performance or misconduct reasons. Stay strong and don't let them intimidate you out of benefits you've rightfully earned. You did absolutely nothing wrong by requesting legal accommodations, and you deserve support while you find an employer who actually values ADA compliance.

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Thank you so much for this detailed breakdown! I really appreciate you taking the time to explain all the key factors and walk me through exactly what I need to do. It's incredibly helpful to have everything laid out so clearly when I'm feeling overwhelmed by all of this. You're absolutely right that their "undue hardship" claim is going to be hard to justify - we're talking about maybe $300 for a standing desk and literally zero cost for flexible breaks. I worked for a company with over 150 employees, so there's no way they can legitimately claim financial hardship for such basic accommodations. I'm going to use your exact wording when I file my claim tomorrow. Having that specific language about being "terminated after employer determined they could not provide reasonable ADA accommodations" is so much better than trying to figure out how to explain it myself. It's really encouraging to hear that employers rarely win these contests when they've clearly fired someone to avoid accommodation costs. I was worried they might try to claim it was performance-related, but with 3 years of solid reviews and this only happening after I requested accommodations, the timeline speaks for itself. Thanks for reminding me that I did nothing wrong here - sometimes you need to hear that when you're dealing with discrimination. I'm feeling much more confident about fighting this now!

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I'm so sorry you're dealing with this - it's incredibly stressful to lose your job after requesting basic accommodations that should have been easily provided. Based on what you've shared, you absolutely have a strong case for UI benefits. The timeline you've described is really telling: 3 years of solid performance reviews, then termination just 3 months after requesting accommodations. That's textbook retaliation for ADA requests, not legitimate performance issues. A standing desk and flexible breaks are among the most reasonable accommodations you could ask for - we're talking about minimal cost and zero operational disruption. When you file your claim, be very clear that you were "discharged after employer refused to provide reasonable ADA accommodations." Don't let them frame this as inability to perform essential functions - you were willing and able to work with basic accommodations that any decent employer should provide. Make sure you have all your documentation ready: your accommodation requests, any medical notes about your back injury, your performance reviews showing good standing before the accommodation request, and their termination notice. The contrast between your solid work history and sudden termination after requesting accommodations will be very clear to EDD. Your employer will likely contest this claim, but honestly, claiming "undue hardship" for a standing desk and flexible breaks is going to be nearly impossible for them to prove. EDD sees right through these situations where employers fire people to avoid their ADA obligations. You did absolutely nothing wrong here - you followed the proper process for requesting legal accommodations and they chose discrimination over compliance. Fight for those benefits - you've earned them and you deserve support while finding an employer who actually respects workers' rights.

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I'm a substitute teacher in the Bay Area and this thread has been incredibly comprehensive and helpful! Reading through everyone's experiences has really clarified the process for me. One additional tip I'd like to share: when you're documenting your irregular work pattern, don't forget to include any professional development days or meetings you attended but didn't get paid for. This helps show that you were actively engaged and available for work even when not getting regular assignments. Also, I've found it helpful to keep track of the reasons given when I don't get called back for multi-day assignments (usually because the regular teacher returned early or they found a permanent sub). This documentation helps demonstrate that even when you think you have work lined up, it can disappear without notice - which is the opposite of "reasonable assurance." The community support in this thread is amazing. It's clear that with proper documentation and understanding of our unique employment situation, substitute teachers can successfully navigate the EDD process. Thanks to everyone who shared their detailed experiences - you've created an incredible resource for subs facing this situation!

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These are excellent additional points! I hadn't thought about documenting unpaid professional development days, but you're absolutely right - that shows we're engaged and available but not getting compensated, which further proves the unpredictable nature of sub work. Your point about multi-day assignments falling through is so relatable too - I can't tell you how many times I thought I had a week of work lined up only to get a call saying the teacher came back early or they found someone else. That's definitely going in my documentation as proof we have zero job security. This whole thread has become such an amazing resource - I wish I had found something this comprehensive when I was first considering applying. The substitute community really needs to keep sharing these experiences because EDD reps clearly don't understand our unique situation without detailed explanation. Thanks for adding these practical tips!

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As a substitute teacher who successfully received EDD benefits last summer, I want to add one crucial point that hasn't been mentioned yet: timing your application strategically can make a big difference. I filed my claim on the very last day I worked (rather than waiting until I was completely out of calls), which helped establish a clear "last day of work" for EDD's records. Also, when they ask about your availability for work during the eligibility interview, be very specific that you're seeking ALL types of suitable employment - retail, office work, tutoring, etc. - not just substitute teaching. This shows you're genuinely unemployed and available for work, not just waiting around for the school year to resume. One thing that really helped my case was creating a simple chart showing my weekly hours worked throughout the school year. It visually demonstrated the massive drop-off as summer approached, making it crystal clear that this wasn't a "planned vacation" but an actual reduction in available work. EDD loves concrete data like this. The substitute teaching situation is unique, but don't let that discourage you from applying. We deserve the same unemployment protections as other workers whose jobs become seasonally unavailable. Just be prepared, be honest, and emphasize the unpredictable, on-call nature of our work!

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