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My hearing was supposed to be in person pre-covid but I imagine phone is similar. I was super nervous too but honestly its pretty informal. I wrote down all my points beforehand which helped a lot because I get nervous and forget things. BTW my employer didn't even show up to defend their position and I automatically won! Hope the same happens for you!
To answer your follow-up question - yes, my employer did show up with their HR person, but the judge made sure everyone had a chance to speak without interruptions. After the hearing, I received the decision in about 10 days, and my back benefits were processed about a week after that. One thing I didn't mention: the hearing was recorded, so speak clearly and try not to talk over anyone. And remember that constructive discharge (what happened to you with reduced hours) is recognized as good cause to leave a job. The EDD Guide for Appeals specifically mentions this.
When I was going through identity verification last year, I spent TWO MONTHS with no benefits because of EDD's incompetence!!!! I submitted and resubmitted documents THREE TIMES and they still claimed they "never received them" even though I had confirmation emails!!!! The entire system is DESIGNED to deny legitimate claims and make us give up!!!! The only thing that worked was when I contacted my state assembly member's office and they intervened on my behalf. Don't waste your time with their phone system - it's BROKEN ON PURPOSE!!!!
That sounds like a nightmare, I'm sorry you had to deal with that. How do I find my state assembly member? I've never contacted one before.
UPDATE: Just wanted to let everyone know that I finally got through to EDD this morning! I used the Claimyr service that someone suggested here, and it actually worked - got me connected to a live agent in about 20 minutes. The agent confirmed they received my ID verification but it was still in the processing queue. She was able to expedite it while I was on the phone, and my conditional payment hold has been lifted! All my pending payments should be released in the next 24-48 hours. Such a relief! Thanks everyone for your advice.
One important thing to note: if the judge rules in your favor, your EDD account won't necessarily update right away. Even after you receive the favorable decision letter, it can take 7-10 business days for EDD to process the judge's order and release your payments. If it goes beyond that timeframe, that's when you need to start making calls. Also, if the decision is not in your favor, you have 30 days from the mailing date (not the date you receive it) to file an appeal to the California Unemployment Insurance Appeals Board, which is the second level of appeal.
the whole system is rigged against us regular people. good luck but don't hold your breath. they made me wait 8 weeks just to DENY me again after my appeal hearing. total waste of time.
Freya Johansen
This is why I hate retail jobs. They do this on purpose to keep from laying people off officially. My daughter went through something similar at her grocery store job. They cut her to 8 hours a week but technically kept her "employed" so they wouldn't have to pay unemployment. She applied for UI anyway and got it, but her manager gave her attitude about it. Don't let them intimidate you!
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NebulaNomad
•That's exactly what I think is happening! They know if they formally lay us off they'd have higher UI costs. Did your daughter have any issues with her claim or was it pretty straightforward?
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Freya Johansen
•It took about 3 weeks for her claim to process and she had to do a phone interview, but after that it was fine. Just be honest about your situation.
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Javier Garcia
One more thing to be aware of: when you certify each week, you'll need to say "yes" to the question asking if you looked for work. Make sure you're actually applying to at least a few jobs each week and keep records of your job search activities (company name, date, position, how you applied). EDD can request this information at any time, especially if your employer tries to challenge your claim.
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