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Thanks everyone for the responses! Sounds like I should prepare for a 2-3 month process. I'll start gathering all my documentation and preparing my case. One more question - did anyone have their employer actually show up to contest the appeal? My former boss is pretty vindictive and I'm worried they'll make up stuff at the hearing.
My employer did participate in my hearing. The important thing to remember is that the judge will make their decision based on evidence, not just verbal claims. If your employer makes statements without documentation to back them up, and you have evidence supporting your position, you'll be in good shape. Be factual and professional, even if your employer gets emotional or makes false statements. The judges have seen it all and can usually tell who's being truthful.
does anyone know if u need a lawyer for these appeal hearings? i keep getting mail from lawyers offering to represent me but idk if its worth the $$$
You definitely don't need a lawyer for a standard EDD appeal hearing. The process is designed to be navigated without legal representation. The Administrative Law Judge will guide you through the hearing and ask questions to get the information they need. That said, if your case is unusually complex or involves special circumstances (like allegations of fraud), legal help might be beneficial. But for a typical voluntary quit/layoff dispute like the OP described, representing yourself with good documentation is usually sufficient.
The EDD appeals process is DELIBERATELY slow to discourage people from appealing! They hope you'll give up or find another job before your hearing. It's a disgraceful tactic that punishes people who are already struggling. I had to contact my state assembly member's office to get any movement on my appeal. They have staff who can sometimes expedite cases. Worth a try!
check ur spam folder! my hearing notice went to spam and i almost missed it!! they sometimes send email notifications now not just mail
Has anyone actually beat one of these school employee overpayment cases? I'm scared OP is going to end up having to repay no matter what they do. The system is so rigged against school workers!
Yes, I've seen successful cases, especially for true substitutes with variable hours. The key is documenting that you don't have reasonable assurance of work. If you can show your work history has gaps and inconsistent hours even during normal school periods, you have a stronger case that you had no guarantee of work after breaks.
One more important thing: many substitute teachers don't realize that EDD distinguishes between different types of substitutes. If you're on a preferred substitute list or have been working regularly before breaks, EDD might consider that "reasonable assurance" even without a formal guarantee. What helps your case is if you can show that: 1. You actively sought work during non-break periods but still had weeks with little or no work 2. You weren't on any preferred list or didn't have priority status 3. You had to compete with other substitutes for assignments with no guarantee Include this information with your response to make it clear you truly didn't have reasonable assurance of work after the breaks. This is the legal distinction that matters for your case.
Just to add to my earlier comment - since you mentioned having 3 pending certifications, there's likely an eligibility issue or identity verification problem that needs addressing. When you do reach a representative, make sure to ask specifically: 1. Is there an eligibility interview scheduled? If so, when? 2. Are there any identity verification issues with your claim? 3. Has your claim been flagged for any reason? This information will help you understand exactly what's holding up your payments. Sometimes representatives can clear simple flags immediately, but other times they'll need to schedule an eligibility interview, which can take 2-3 weeks. If that's the case, ask if they can expedite it due to financial hardship.
Just wanted to update that I called using the 8:01am trick this morning and actually got through! Was on hold for about 35 minutes, but finally spoke with someone who helped resolve my pending payments. They said there was a quarterly review flag on my account that needed manual clearing. All payments should process in the next 24-48 hours. Thanks everyone for the suggestions!
Malik Robinson
my friend had same problem last month, she just certified next day and got payment normal time. EDD knows when their site is down so they dont penalize u for it
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Freya Johansen
This happens every other month honestly, and it's so frustrating. The most ridiculous part is that they never put any notice on their site saying "We're down for maintenance" - it just errors out. Like, how hard would it be to put up a simple message?? My system was rejecting my password earlier. I'm going to try again after midnight when there's less traffic. If it's still down tomorrow, definitely call them.
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NebulaNomad
•Update: Website is back up this morning! Was able to certify with no problems. Thanks everyone for the help and calming my nerves!
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Isabella Silva
•Great news! Glad you were able to certify. Your payment should process on the normal schedule now.
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