Denied EDD claim - going through the appeal process - need advice!
So I just got the 'Notice of Determination' letter saying I'm NOT eligible for unemployment benefits. Apparently they're saying I quit without good cause, but that's totally NOT what happened! I was essentially forced to resign after they cut my hours to practically nothing (went from 38 hours to like 12 hours a week). I couldn't even pay rent on those hours! I know I need to appeal this ASAP since I only have 30 days. Has anyone gone through the appeal process with EDD successfully? What should I expect at the hearing? Do I need to bring documentation or witnesses? I'm super nervous about this whole thing and really need these benefits to survive until I find another full-time position.
17 comments
Malik Jackson
I appealed a disqualification last year and won. Here's what worked for me: 1. File your appeal IMMEDIATELY - don't wait the full 30 days 2. In your appeal letter, clearly explain why you believe your situation qualifies as "constructive discharge" (basically forced resignation) 3. Gather evidence of your hours being cut - pay stubs, schedules, any emails about reduced hours 4. If you have any texts/emails showing you asked for more hours before quitting, include those 5. Document any financial hardship the reduced hours caused The hearing itself was over the phone with an Administrative Law Judge. It was pretty formal but not like a courtroom drama. My employer didn't even show up to contest it (which helped). The whole process took about 8 weeks from appeal to decision. Good luck!
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Emma Thompson
•Thank you SO MUCH for this detailed response! This is super helpful. I do have texts with my manager where I asked for more hours and explained I couldn't pay rent. Should I submit those with my appeal letter or wait for the hearing?
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Isabella Costa
i got denied 2 they said i was fired for misconduct but i wasnt!!! the hearing was scary ngl judge asked me a bunch of questions and my old boss was there saying all kinds of lies about me. make sure u have PROOF of everything dont just say stuff u need evidence
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Emma Thompson
•Oh no, that sounds awful! Did you end up winning your appeal? I'm definitely worried my employer will show up and twist things around.
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StarSurfer
I successfully appealed my disqualification. The key is understanding that in California, a significant reduction in hours (over 20%) can qualify as "good cause" to quit if it creates substantial hardship. This is called "constructive discharge" as mentioned above. For your appeal hearing: - Dress professionally and be respectful - Stick to facts, not emotions - Clearly explain the financial impact (bring budget documents if possible) - Have documentation of your previous schedule vs. reduced hours - Bring any evidence showing you attempted to resolve the issue before quitting The judge will likely ask very specific questions about dates, times, conversations, etc. Be prepared with a timeline of events. Good luck!
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Isabella Costa
•yeah this is good advice my problem was i didnt have all the dates straight and the judge got annoyed w/ me 😬
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Ravi Malhotra
The EDD is DESIGNED to deny people!! They automatically say no hoping you'll just give up and go away. Appeal appeal appeal!! They count on most people not fighting back. I've been through TWO appeals and won both times.
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Freya Christensen
•While I understand your frustration, this isn't entirely accurate. EDD follows specific eligibility guidelines when determining claims. Appeals exist because sometimes additional information or clarification is needed, not because there's a conspiracy to deny benefits. But yes, appealing is absolutely the right move when you believe you qualify!
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Freya Christensen
As someone who's helped many clients with EDD appeals, here's my advice for your specific situation: Your case comes down to proving "constructive discharge" - meaning your employer essentially forced you to quit by making working conditions intolerable (in this case, by drastically reducing your hours). For the appeal: 1. Submit the appeal form (DE 1000M) ASAP 2. Include a detailed statement explaining EXACTLY why you had to quit - focus on the financial impossibility of continuing 3. Calculate the percentage reduction in hours and resulting income loss 4. Document any attempts to resolve the situation before quitting 5. Bring copies of EVERYTHING to the hearing (pay stubs, schedules, communications) The ALJ (Administrative Law Judge) will examine whether a reasonable person in your situation would have felt compelled to quit. Be prepared to answer detailed questions about your financial obligations and why the reduced hours created genuine hardship. Appeals typically take 6-10 weeks to schedule, and you'll receive your hearing notice in the mail with the date/time. Continue certifying for benefits while waiting for your appeal!
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Emma Thompson
•Thank you for this detailed explanation! This makes me feel so much more prepared. One question - should I have a lawyer for this or can I handle it myself?
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Omar Hassan
I got denied too last month and I'm still trying to figure out how to reach someone at EDD to explain my situation before my appeal. Been calling for DAYS and can't get through to anyone. So frustrating!!!
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Chloe Robinson
•I was in the same situation last week - couldn't get through to EDD at all! I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes instead of spending days calling. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent I spoke with was actually super helpful and explained exactly what documentation I needed for my appeal. Definitely worth it to talk to someone before your hearing so you're prepared with the right evidence.
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Emma Thompson
Just wanted to update everyone - I submitted my appeal yesterday with all the documentation you all suggested! Included my work schedules showing the hour reduction, texts with my manager where I begged for more hours, and a detailed explanation of why I couldn't financially survive on the reduced schedule. Now I guess I just wait for the hearing date? Should I be doing anything else while I wait?
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Malik Jackson
•Good job taking action quickly! While you wait, make sure you: 1. Keep certifying for benefits every two weeks (even though they'll stay pending) 2. Document your job search efforts meticulously 3. Keep looking for those text messages or emails that help your case 4. Make a detailed timeline of events to reference during the hearing 5. Consider writing out answers to likely questions so you don't get flustered And most importantly - continue looking for work and documenting all your applications. The judge will likely ask about your job search efforts too!
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Diego Chavez
my cousin had the same thing happen she won her appeal by showing her bills and proving she couldnt survive on the reduced hours. good luck!!!!
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StarSurfer
One final piece of advice: during your hearing, if the ALJ asks if you would have remained employed had your hours not been reduced, make sure to clearly state YES. This is crucial because it establishes that the reduction in hours was the sole reason for your separation, not that you simply wanted to leave the job. The legal standard they're looking at is whether a reasonable person in your situation would have felt compelled to quit. The significant reduction in hours (going from 38 to 12) should qualify as good cause, but you need to articulate clearly how this made it impossible to meet your basic financial obligations. Also, if you haven't already, calculate exactly what percentage reduction in pay this represented. A 68% reduction in hours will make a strong impression on the judge.
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Emma Thompson
•That's an excellent point! Yes, I absolutely would have stayed if my hours weren't cut. I worked there for over 2 years with no issues until they did this. I'll definitely emphasize that point and I'll calculate the exact percentage reduction in pay. Thank you!
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