Do employers actually show up to EDD appeal hearings? Nervous about facing my boss

I went through an appeal hearing last year, and yes, employers often do participate in these hearings. In my case, my former employer had their HR director attend along with their company attorney. The hearing was very formal with the Administrative Law Judge (ALJ) running everything. However, don't panic - in many cases, especially with larger companies, they might just send written documentation rather than appearing personally. If they don't show up at all and don't submit evidence, you'll have a much stronger case. My advice: prepare thoroughly. Gather all documentation showing your side of the story. Write down the sequence of events. Practice explaining why your termination wasn't misconduct as defined by EDD (which is different from general workplace rules). Be professional, concise, and stick to facts.

OMG THE SAME THING HAPPENED TO MEEE!!! i was so scared about my hearing but my boss never showed up lol. the judge just asked me questions for like 20 mins and that was it. got my benefits approved two weeks later. honestly if ur boss is as busy as u say they probably wont bother. big companies sometimes send HR people instead tho

I represent claimants in EDD appeals regularly. Here's what usually happens: 1. Large companies (500+ employees) typically send an HR representative or a specialized UI claims manager who handles all their unemployment cases, along with prepared documentation. 2. Mid-size companies may have an HR person attend or sometimes a supervisor/manager if the case involves specific workplace incidents. 3. Small businesses often have the owner or direct supervisor attend. 4. Some companies outsource unemployment claims to third-party services who may send a representative. If there's significant money at stake (like in misconduct cases where the employer's UI tax rate could be affected), they're more likely to participate actively. However, many employers don't show up at all, especially if they're busy or disorganized. In my experience, about 60% of employers participate in some way, but only about 30% bring attorneys. The judge will give you fair opportunity to present your case regardless.

when i had my hearing my boss AND the company lawyer showed up and they had like a whole folder of stuff about me lol. but the judge was actually pretty nice and just wanted to hear both sides. i was super nervous but it was ok. just stick to the facts and dont get emotional

@anxious_reply yeah i did win actually! even tho they had all that paperwork, the judge said most of it wasn't relevant to the specific reason they put for firing me.

If you're really concerned about facing your employer without representation, I'd suggest at least consulting with a legal aid attorney who specializes in employment law, specifically EDD appeals. Many offer free initial consultations. Also, the EDD website has self-help resources for appeals that are quite useful: https://edd.ca.gov/en/Unemployment/Appeals Focus on understanding the legal definition of 'misconduct' for UI purposes. It's narrower than many people realize - simple mistakes, inability to perform, or personality conflicts generally don't qualify as misconduct that would disqualify you from benefits.

Have you tried calling EDD to ask about the appeal process? Good luck with that... I spent DAYS trying to get through to speak with someone about my appeal last month. Phone lines always busy, got disconnected multiple times after waiting for hours. It's absolutely infuriating trying to prepare for something this important without being able to ask basic questions. I ended up using Claimyr (claimyr.com) to get connected with an EDD rep quickly. They have this service that calls EDD for you and connects you when an agent is available. Saved me hours of frustration. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I finally talked to an EDD specialist, they explained exactly what to expect in the hearing and how to prepare. Made a huge difference for me.

my friends brother works in HR and he said they only fight unemployment claims when they really wanna make a point or if the person did something really bad. most of the time its not worth the hassle for them especially if ur boss is busy

THE EDD SYSTEM IS RIGGED AGAINST WORKERS!!!!! I had my hearing and my employer LIED about everything and the judge still sided with them even though I had PROOF they were lying. These hearings are just formalities to make it look like you have a chance. The whole system is designed to protect employers and screw over workers who paid into the system for YEARS!!!

Just wondering - has anyone had experience with a non-in-person hearing? Like are the phone ones different from Zoom ones? Does one format favor the employee more?

One more piece of advice: during the hearing, address all your comments to the judge, not directly to your former employer or their representative. Stay calm and professional even if they say things you disagree with - you'll get your chance to respond. The ALJ wants to see that you're credible and reasonable. Also, the burden of proof in misconduct cases is actually on the employer, not you. They must prove you committed misconduct as defined by unemployment law, which typically requires showing: 1. You violated a known policy or reasonable expectation 2. The violation was substantial 3. The violation was willful or deliberate (not just a mistake) If you were truly part of a downsizing, that's not misconduct and you should be eligible for benefits regardless of how they labeled it.

I just went through this exact situation two months ago! My employer did send their HR manager to the hearing along with some documentation, but honestly it wasn't as scary as I thought it would be. The Administrative Law Judge was very professional and made sure both sides got to tell their story without interruption. Here's what helped me prepare: I wrote out a timeline of everything that happened leading up to my termination, gathered any emails or texts I had related to the situation, and practiced explaining my side calmly and factually. The key thing I learned is that "misconduct" for UI purposes has a very specific legal definition - it's not just being a bad employee or making mistakes. Since you mentioned it was really a downsizing situation, focus on that. If they can't prove you actually violated company policy willfully and substantially, the misconduct claim won't hold up. The judge in my case was really focused on the facts, not emotions or he-said-she-said stuff. You've got this! The hearing is your chance to tell your side of the story to someone neutral.

I'm in a very similar situation - got terminated during what they called "restructuring" but they're fighting my UI claim saying it was misconduct. My hearing is scheduled for next week and I'm honestly terrified. Reading through everyone's experiences here has been really helpful though. It sounds like the key things are: 1) Stay factual and calm, 2) Remember the burden of proof is on them to show actual misconduct, and 3) Many employers don't even show up or send weak representation. I've been gathering all my documentation - emails about the restructuring, my performance reviews (which were good), and notes about the department changes that led to my position being eliminated. @Laura Lopez - have you been able to get through to EDD yet to ask any questions? I'm thinking about trying that Claimyr service someone mentioned since I really want to understand the process better before my hearing. Thanks to everyone who shared their experiences - it's making this whole process feel less scary knowing other people have gone through it successfully!

I had my EDD appeal hearing about 6 months ago and can share what happened in my case. My former employer (a mid-sized tech company) sent their HR director and a company lawyer to the phone hearing. I was definitely intimidated at first, but the Administrative Law Judge made it clear that this was a formal legal proceeding with specific rules. The hearing lasted about 45 minutes. The judge asked me to explain my version of events first, then gave the employer's representatives time to present their case and ask me questions. What surprised me was how much the judge focused on the technical definition of misconduct under California law - they kept asking the employer to prove that my actions were "willful" and "substantial" violations of known policies. Even though I didn't have a lawyer, I felt the process was fair. The judge explained things clearly and made sure I understood what was happening. I ended up winning my appeal because the employer couldn't prove their misconduct claim met the legal standard. My advice: focus on the facts, stay calm, and remember that the employer has to prove their case - you don't have to prove your innocence. Document everything you can about the circumstances of your termination, especially anything showing it was really about downsizing rather than your conduct.

I went through an EDD appeal hearing about 8 months ago and wanted to share some practical tips that really helped me prepare. My employer did show up (sent their operations manager), but honestly the hearing was much more structured and professional than I expected. A few things that made a big difference for me: 1. I requested all my personnel files from HR before the hearing - legally they have to provide them, and it helped me see exactly what documentation they had about my termination. 2. I practiced explaining the timeline out loud beforehand. During the actual hearing, I was nervous but having rehearsed helped me stay organized and stick to the key facts. 3. The judge asked very specific questions about company policies and whether I knew about them. If you have an employee handbook, review the sections related to your situation. 4. I brought a simple one-page timeline with dates and key events. Even though it was a phone hearing, having it in front of me kept me focused. The whole thing took about 30 minutes, and I got the decision letter about 3 weeks later (approved). The judge was actually pretty patient and made sure both sides had equal time to present their case. Don't let the anxiety get to you - you have every right to appeal and tell your side of the story. Focus on the facts and you'll do fine!

I'm going through something very similar right now - got terminated during what was clearly a department restructuring but they marked it as "misconduct" on my paperwork. My hearing is coming up in a few weeks and I've been losing sleep over it too. Reading through everyone's experiences here has been incredibly helpful though! It sounds like the main things to focus on are: 1) gathering documentation that shows this was really about downsizing/restructuring, 2) understanding that the burden of proof is actually on THEM to prove misconduct under the legal definition, and 3) staying calm and factual during the hearing. I've started putting together a timeline of events leading up to my termination, and I'm going to request my personnel files like someone suggested. It's reassuring to hear that many people have successfully appealed even when their employers showed up with lawyers. One question for those who've been through this - did any of you face retaliation or awkwardness from your former employer after winning your appeal? I'm a bit worried about burning bridges in my industry, but I really need these benefits while I job search. Thanks to everyone sharing their stories - it's making this whole process feel much less scary!

I went through this exact situation about 6 months ago and can relate to your anxiety! My employer (a regional retail chain) actually did send their district manager to the phone hearing, which surprised me since I figured they'd be too busy to bother. The hearing itself was about 40 minutes long. What really helped was that I had prepared a clear, chronological account of what happened. The judge asked very specific questions about company policies and whether I had received any prior warnings or disciplinary actions. Since my termination was also part of a "restructuring" (they eliminated my entire department), I focused on demonstrating that pattern. The key moment came when the judge asked my former employer to provide documentation showing I had willfully violated specific company policies. They couldn't produce anything concrete - just vague statements about "performance issues" that didn't meet the legal standard for misconduct. I won my appeal about 3 weeks later. The judge's decision letter specifically noted that termination due to business restructuring, even if the employer characterizes it differently on paper, doesn't constitute misconduct for UI purposes. My advice: document everything about the downsizing/restructuring that you're aware of. If other people were let go around the same time or if there were any company communications about budget cuts or department changes, gather that evidence. It really helped my case to show this was a business decision, not related to my individual conduct. You've got this - the system actually does work when you have the facts on your side!

I just wanted to add my experience since I went through this process about 4 months ago. My former employer (a manufacturing company with about 150 employees) did send someone to the hearing - their HR coordinator along with some prepared documents. What really surprised me was how much the Administrative Law Judge focused on the actual legal definition of misconduct versus what my employer claimed. They kept asking specific questions like "Did the employee receive written warnings?" and "Was this behavior outlined as grounds for termination in company policy?" When my employer couldn't provide clear documentation of willful policy violations, the judge seemed skeptical of their misconduct claim. The hearing lasted about 35 minutes total. I was nervous but found that staying factual and letting the employer's weak case speak for itself was the best strategy. I brought a simple timeline of events and copies of my performance reviews, which helped show this was really about business changes rather than my conduct. One thing that really helped my confidence was realizing that the judge has heard these cases hundreds of times - they know the difference between legitimate misconduct and employers trying to avoid paying higher unemployment insurance rates. Trust the process and focus on presenting the facts clearly. I won my appeal and have been receiving benefits while job searching. The whole experience taught me that it's worth fighting for what you're entitled to, even when it feels intimidating at first.

I went through an EDD appeal hearing about 3 months ago and wanted to share my experience to hopefully ease some of your anxiety! My former employer (a mid-sized consulting firm) did send their HR manager to the phone hearing, but it wasn't nearly as confrontational as I had feared. The judge was very professional and structured - they explained the process clearly at the beginning and made sure both sides understood the rules. The whole hearing took about 45 minutes. What really struck me was how the judge kept bringing the conversation back to the specific legal requirements for proving misconduct under California unemployment law. My employer claimed I was terminated for "poor performance" but when the judge asked for documentation of progressive discipline, written warnings, or clear policy violations, they couldn't provide anything substantial. The judge seemed particularly interested in whether I had been given opportunities to improve and whether the alleged issues were clearly communicated beforehand. I prepared by creating a simple chronological summary of events and gathering any emails or documents that supported my version of what happened. During the hearing, I focused on staying calm, answering questions directly, and not getting defensive when my former employer made their statements. I received the decision about 2.5 weeks later - approved for benefits. The judge's written decision noted that the employer failed to demonstrate willful misconduct as defined by law. My biggest advice: prepare your facts, but remember that the burden is on them to prove their case. You've got this!

I've been following this thread closely as I'm preparing for my own EDD appeal hearing next month, and I wanted to add some insights from my research and consultation with a legal aid attorney. One thing I learned that might help others is that you can request a postponement of your hearing if you need more time to prepare or gather documents. You have to have a good reason and request it in advance, but it's an option if you're feeling unprepared. Also, I discovered that many county bar associations offer free legal clinics specifically for unemployment appeals. I attended one last week and it was incredibly helpful - they reviewed my case, helped me understand what documentation would be most effective, and even did a practice run of potential questions. For those worried about employers showing up with attorneys, remember that the Administrative Law Judge is trained to ensure pro se claimants (people representing themselves) can present their case fairly. They'll often ask clarifying questions to make sure they understand your position even if you don't phrase things in legal terms. One last tip: if your employer does attend the hearing, listen carefully to what they say but don't interrupt. Take notes and you'll get your chance to respond to any inaccuracies during your turn to speak. The judge wants to hear facts, not arguments between you and your former employer. Reading everyone's success stories here has really boosted my confidence. Thanks to everyone who shared their experiences!

I went through an EDD appeal hearing about 2 months ago and wanted to share my experience since I see so many people here dealing with similar anxiety about the process. My former employer (a healthcare services company with around 180 employees) did send their HR director to the phone hearing along with what sounded like prepared talking points. I was definitely nervous, but the Administrative Law Judge made the whole process much more manageable than I expected. The hearing lasted about 50 minutes total. The judge started by explaining the format and then had me present my side first. What really helped was having a clear, factual account prepared beforehand. When it was my employer's turn, they made several claims about my "attitude problems" and "failure to follow procedures," but when the judge pressed them for specific documented incidents and progressive discipline records, they kept giving vague responses. The turning point came when the judge asked them directly: "Do you have any written warnings or disciplinary actions in this employee's file?" They admitted they didn't have formal documentation of the issues they were claiming. The judge also asked detailed questions about whether I had been trained on the procedures I allegedly failed to follow. I won my appeal about 3 weeks later. The decision letter specifically stated that the employer failed to prove willful misconduct as required by law, and that personality conflicts or general performance concerns don't meet the legal standard for disqualification. My advice: focus on gathering any documentation that shows this was really about downsizing rather than your conduct. If you have performance reviews, emails about restructuring, or evidence that others were let go around the same time, bring all of it. Stay calm during the hearing and trust that the judge will focus on the legal requirements, not just what your employer claims happened.

I'm going through the exact same situation right now and this thread has been a lifesaver! Got terminated during what was clearly a department restructuring but they marked it as "misconduct" on my paperwork. My hearing is in about 3 weeks and I've been absolutely terrified about potentially facing my former manager. Reading everyone's experiences here has been so reassuring though. It sounds like the key takeaways are: 1) Many employers don't even show up or send weak representation, 2) Even when they do attend, the judge focuses on the actual legal definition of misconduct rather than just employer claims, and 3) The burden of proof is on THEM to demonstrate willful policy violations with proper documentation. I've started gathering all my documentation - performance reviews, emails about the restructuring, evidence of other people being let go around the same time. It's really encouraging to hear so many success stories from people who were in similar situations. One thing I'm curious about - for those who won their appeals, did you end up getting back pay for the time between when you were initially denied and when the appeal was approved? I'm worried about the financial gap if this process takes a while. Thanks to everyone who shared their stories - it's making this whole ordeal feel much less overwhelming!

I'm scheduled for my EDD appeal hearing in two weeks and this entire thread has been incredibly helpful! Like many of you, I was terminated during what was clearly company downsizing but they're claiming "misconduct" to fight my unemployment benefits. Reading through all these experiences has really calmed my nerves. It sounds like the most important things are: 1) Having documentation that shows this was really about business restructuring, not my conduct, 2) Understanding that they have to prove actual willful misconduct under the legal definition, and 3) Staying calm and factual during the hearing. I've been putting together a timeline of events and gathering emails about the department changes, my performance reviews, and information about other employees who were let go. It's so encouraging to see how many people have successfully won their appeals even when employers showed up with representation. One quick question for those who've been through this - did any of you record the hearing or take detailed notes during it? I'm wondering if it's worth having some kind of record of what was said, especially if my employer makes claims that contradict the documentation I have. Thanks again to everyone who shared their stories - knowing that the process is fair and focuses on legal standards rather than just employer accusations has given me so much more confidence!