Denied EDD claim after wrongful termination - fighting disqualification with evidence

I've been exactly where you are! The appeal process for misconduct determinations typically takes 4-8 weeks for just scheduling the hearing. But don't worry - I won my appeal with email evidence just like yours. While waiting, make sure you keep certifying for benefits every two weeks even though you'll get $0. This is SUPER important because if you win your appeal, they'll backpay you for those weeks, but only if you certified! Also, put together a simple timeline document with dates of the approvals, termination, and any relevant conversations. During your hearing, be factual and avoid emotional arguments. Pro tip: Check out the claimyr.com service if you want to talk to an actual EDD rep about your appeal status. Their system gets you through to EDD when normal calls fail. They have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km showing how it works. I used it when my appeal was taking forever and it saved me weeks of waiting and stress.

Ugh EDD is such a broken system!! They ALWAYS side with employers initially. I was denied for the same 'misconduct' BS when my manager literally changed performance metrics after I'd already met the original ones. Took me 11 WEEKS to get a hearing and another 3 to get paid. The whole time my car got reposessed and I had to borrow money from everyone I know. Good luck dealing with their incompetence!

Here's what you need to know about appealing a misconduct disqualification: 1. Yes, continue certifying for benefits every two weeks even during appeal 2. If you've missed certifications, you can request to backdate them (call EDD for this) 3. Prepare for your hearing by organizing evidence chronologically 4. Appeal hearings are conducted by an Administrative Law Judge (ALJ) via phone or video 5. Burden of proof for misconduct is on the employer, not you 6. Focus on showing your actions weren't deliberate violations of company policy Your email approvals are excellent evidence. When the hearing is scheduled, request any additional evidence from the employer they plan to present. You have the right to review it before the hearing. Good luck!

I won my appeal after a misconduct disqualification last year. The key was being super prepared for the hearing. Record yourself practicing answers to likely questions. The judge will ask about your job duties, the specific incident(s) that led to termination, and your side of the story. One mistake people make is bringing up unrelated workplace issues or badmouthing the employer. Stick to facts about the specific reason for termination. Since you have emails showing approval of your work, focus on that documentation. Also - check if your Notice of Determination mentions EDD Code Section 1256. If so, research that specific section as it relates to your case. The judge will be evaluating whether your actions meet the legal definition of misconduct, which requires willful disregard of employer interests.

i got denied too for attendance but they didnt tell me about the no call/no show policy when i started!!! my appeal is next week and im so nervous 😭 what exactly happens in these hearings?? do i need a lawyer? my friend said i should get one but i cant afford it

My cousin works for EDD and says they auto-deny lots of claims hoping people dont appeal. Keep fighting!

when i had hearing the judge asked all these questions about company policy & if i signed anything acknowledging the rules i supposedly broke. make sure u have evidence showing u followed procedures. btw my judge was nice not scary at all

I called EDD like 47 times over 3 days when my appeal was taking forever!!! Finally got thru at exactly 8:01 AM and they told me there was a backlog but my hearing was scheduled for the next week. Such a waste of time!!!

To answer your earlier question about the burden of proof: While the employer does have the burden of proving misconduct at the hearing, the initial determination is often made based primarily on the employer's statement during the claims process. That's why approximately 60% of misconduct disqualifications are overturned on appeal. Regarding contacting your former employer - I generally advise against it during the appeal process. Any conversations could potentially be used against you. Instead, focus on preparing your evidence and timeline for the hearing. Also, while waiting for your appeal, look into whether you qualify for other assistance programs like CalFresh (food stamps) or emergency rental assistance through your county's social services department. These can help bridge the gap while your unemployment appeal is pending.

I went through almost the exact same situation in 2023! Got terminated for "performance issues" but had documentation showing my work met standards. The key things that helped me win my appeal: 1. Organize all your evidence chronologically - those supervisor approval emails are GOLD 2. Write a simple 1-page summary of events with dates for the judge 3. Don't just focus on proving you did good work - focus on proving you didn't willfully violate company policy or deliberately harm the employer's interests My hearing was scheduled about 6 weeks after filing the appeal. The judge was very professional and asked specific questions about the approval process, whether I knew the work was allegedly substandard, and if I had any training on the requirements. Having those emails showing supervisor approval before submission was exactly what won my case. One tip: when they schedule your hearing, you'll get a notice with instructions on how to request documents from your employer. Do this! Sometimes employers submit additional "evidence" at the last minute, and you have the right to see it beforehand. Stay strong - the system is designed to be discouraging, but you have solid evidence. Just make sure you keep certifying every two weeks even though you're getting $0 right now!