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.