Can I sue my employer for lying to unemployment about why I was fired?

I still have about 18 days left on the appeal window so I'm okay there. I just wasn't sure if an appeal was even worth it without a lawyer or something.

The appeal is absolutely worth it without a lawyer. Most people who win UI appeals do it themselves. Your text messages are actually really solid evidence - screenshot everything and include them with your appeal paperwork.

That's actually really reassuring to hear. I was thinking I needed to hire someone but couldn't afford it obviously since I have no income right now.

Did they do anything to your employer for lying? Like did EDD investigate them or fine them?

Honestly I don't know what happened on their end. I just know I got my benefits. I heard EDD can penalize employers but I never found out if they actually did anything in my case.

California EDD can and does pursue employers for making false statements. Employers can be assessed penalties and even charged with fraud in serious cases. Whether that actually happens in any given case varies though.

I've tried calling like four times and keep getting the 'we're experiencing high call volume' message and then it disconnects. I'll check out that Claimyr thing because I really do need to know what was actually reported.

seconding this, getting the specifics of what your employer claimed makes such a difference when you're writing your appeal statement. you want to directly address whatever they said point by point

I used Claimyr too when my claim was stuck in adjudication. Got through to someone same day which was wild after weeks of failed calls. Definitely worth it if you need info fast.

There's a difference between the unemployment appeal process (which is through EDD and is administrative, not a lawsuit) and actually suing in civil court. For the civil suit route you'd need to talk to an employment attorney. Many do free consultations. The statute of limitations varies depending on what legal theory you use.

oh so it's two separate things. I thought the appeal WAS suing them. That makes more sense now thanks

This is incredibly helpful thank you. I do have a pretty clean record - no write-ups, no formal warnings ever. Is it worth trying to get a coworker to testify or provide a statement?

Yes, witness statements or a coworker willing to testify at the hearing can be very persuasive. Even a written statement from a coworker who was present during discussions about layoffs could help corroborate your account.

What HR person said is accurate. Also worth noting - California is an at-will employment state but that doesn't mean employers get to lie about the reason for termination. At-will means they don't NEED a reason, but if they give one to EDD it better be honest.

Yeah that at-will thing has confused me a lot. People keep saying 'California is at-will so you can't do anything' but that seems like it doesn't apply here if they're actively lying to deny my benefits.

Wait it's a phone hearing? I was imagining having to go somewhere in person. That actually makes it less intimidating.

yeah they do them by phone now mostly. you call in at a scheduled time and they go through everything. your cousin said the employer rep barely had anything to back up what they claimed

Oh wow I actually didn't know this. I've been certifying but I was honestly thinking about stopping since it seemed pointless. Really glad I didn't.

This is so important and not obvious at all. I've seen people lose thousands in back benefits because they stopped certifying during the appeal. Keep doing it every week no matter what.

yep did this exact thing when I was appealing. certified every single week and when I won I got every cent back to week one

I've thought about this honestly. But the specific thing they told EDD - 'policy violations' - isn't something that could be an accidental mix-up. There's no policy violation on my record anywhere. That feels very deliberate to me.

Also worth noting that even if it was 'just' an error by their HR department, the impact on OP is the same and the appeal process works the same way regardless of intent. Intent matters more if you're pursuing a civil suit.

Fair point. I was more wondering from a strategy perspective, like whether to go in guns blazing vs trying to get a correction first. But you're right the appeal process is the main priority regardless

I hear you and it is genuinely frustrating. California does have more worker protections than most states and EDD does pursue employer fraud but enforcement is inconsistent. The individual appeal is really your most direct lever.

Yeah I know the appeal is the main thing. Just venting because it's infuriating watching people who did nothing wrong have to fight this hard for benefits they paid into

I'm going to try this today actually. Knowing exactly what they reported would completely change how I write my appeal statement. Thank you.

Smart move. 'They're lying' is much weaker than 'They claimed X and here is why X is false with documented evidence.' The second approach wins appeals.

The main legal theories people use in civil suits against employers for this are defamation (false statements of fact that harm your reputation), intentional interference with economic advantage, or sometimes fraud. The defamation route is tricky because statements in unemployment proceedings may have qualified privilege protections. An employment attorney would need to assess the specific facts. Most people focus on the administrative appeal first because it's faster and free.

the qualified privilege thing is interesting, didn't know that applied here

Right, the administrative appeal route through EDD is really the more practical first step for most people. The civil lawsuit is an option but it's slower, more expensive, and less certain than the appeal process.

The denial letter just says 'terminated for policy violations' without being more specific. Which is actually part of why I want to talk to an EDD agent - to find out if there's more detail than what's in my letter.

Yeah that vague language is annoying. Definitely push to find out the specifics before your hearing because you want to know exactly what you're refuting.

The Notice of Determination should have some language but the employer's actual response is in the case file. You can request your case file documents before the hearing - that's another way to find out what was reported besides calling EDD.

Good call. I've been doing this but not super systematically. Going to sit down tonight and write out a full timeline with as much detail as I can remember.

yes do this immediately. Memory fades fast and dates especially. even small details like 'my supervisor said this in the break room with two other people present' can matter

Great question. The appeal is against EDD's decision - you're asking an administrative law judge to review whether EDD correctly applied the law to your situation. Your employer participates as a party because they have a stake in the outcome, but you're not technically suing them in the appeal. Suing the employer in civil court would be separate.

oh ok so the appeal is more like asking edd to reconsider and the employer gets to respond? that makes more sense

Exactly. At the hearing the judge hears from you and from the employer (or their representative) and makes a decision. It's adversarial but through an administrative process, not a courtroom lawsuit.

8 weeks is actually helpful to know. I was hoping it would be faster but good to set realistic expectations.

Yeah it's not fast. The upside is once you win you get everything they owe you all at once which in my case was a significant chunk of money.

Also depends on how backed up your local board of appeals office is. Can vary by region sometimes.

This is actually a real concern. California EDD's appeals process has specific procedures and deadlines. The California Unemployment Insurance Appeals Board website has guides that explain the process step by step. Also legal aid organizations often help with UI appeals for free if you need someone to walk you through it.

I wish I had known about legal aid. I just assumed it would cost money to get help and couldn't afford it at the time.

Worth adding - your local county bar association often has free employment law referral services and many employment attorneys do free initial consultations specifically for unemployment matters. Don't assume you have to navigate this alone.

This is probably the clearest answer to my original question I've gotten. Thank you. The appeal is definitely my priority right now and then I can reassess after.

Good luck. The fact that you have written documentation from your supervisor about the nature of your termination puts you in a genuinely strong position for the appeal. Most people are fighting from memory alone.

Agreed on the strong position. Text messages from supervisors acknowledging layoffs are like gold in these hearings. Employers rarely have a good answer for that kind of direct documentation.

Hope you don't need it but glad it might be helpful! I'll try to come back and update once I get through the appeal process.

Saving this for sure. I've already wasted probably 6+ hours of failed calling attempts and I have a feeling I'll need to reach them several more times before this is over.

the amount of time people waste just trying to get through to EDD is honestly insane. anything that helps with that is worth knowing about