Does my employer see my evidence submitted to EDD CUIAB appeals board?
I'm seriously panicking right now. I've got an appeal hearing with the CUIAB next week after my employer contested my UI claim. I submitted some email screenshots and text messages as evidence that contradict what my former manager told EDD. These messages show they actually knew about my medical situation but claimed they didn't. My question is: will my ex-employer automatically get copies of everything I submitted to the appeals board? I don't want them to see these messages because I still have friends working there who could get in trouble for supporting my side. Does anyone know how the evidence sharing works with CUIAB appeals?
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PixelPioneer
Yes, they will see your evidence. CUIAB hearings follow a legal process where both parties (you and your employer) have the right to see all evidence submitted. The Administrative Law Judge will ensure all documents you submit are shared with your employer, and vice versa. This is part of due process - each side needs to know what evidence will be discussed in the hearing. This typically happens 10 days before the scheduled hearing date.
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Yara Abboud
•Oh no... that's what I was afraid of. Can I withdraw some of the evidence I already submitted? I'm worried about the fallout this might cause.
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Keisha Williams
same thing happened to my cousin last yr. they def see EVERYTHING you submit!!
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Yara Abboud
•That's really stressful to hear. Did your cousin have any problems after their employer saw their evidence?
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Keisha Williams
•ya it got real awkward when she tried to use them as reference later lol but she won her appeal so 🤷♀️
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Paolo Rizzo
When I had my appeal hearing in 2024, I was SHOCKED to find out my employer printed out EVERY SINGLE PAGE I submitted!!! And they brought their lawyer who had highlighted things on my documents. So yes, they absolutely see EVERYTHING. The judge also mentioned that withholding evidence from either party would make the hearing unfair and potentially invalidate any decision. Just prepare yourself mentally that anything you submit is going to be seen by them.
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Amina Sy
•This is correct. According to EDD regulations, all evidence must be shared with both parties before the hearing. The Administrative Law Judge is required to ensure this happens. If you have concerns about specific documents, you might consider discussing this with the judge at the beginning of the hearing, but generally, you cannot keep evidence hidden from the other party.
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Oliver Fischer
I think ur overthinking this. If those messages prove ur case then use them! Your friends should understand that ur just fighting for ur benefits that u deserve. I wouldn't worry about it too much.
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Paolo Rizzo
•Easy for you to say when it's not YOUR friends who could get fired! This is actually a really serious consideration and dismissing someone's valid concerns isn't helpful. When I went through my appeal, I had to be VERY careful about what evidence I used because my former employer was vindictive.
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Yara Abboud
•Thanks for the perspective, but I'm genuinely concerned about retaliation. These aren't just random coworkers - they're people who tried to help me when management was unfair, and I don't want to throw them under the bus.
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Natasha Ivanova
Have you tried calling the CUIAB office directly to ask about your options? When I was going through my appeal, I had so many questions but getting through to someone who could actually answer them was nearly impossible. I ended up using Claimyr (claimyr.com) which helped me get through to an actual EDD rep who transferred me to the appeals department. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It really helped me understand what documentation I needed and how to handle sensitive information in my case. The appeals specialists can explain exactly how evidence sharing works and might be able to suggest alternatives.
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Yara Abboud
•I'll check out that video. I've been trying to call them for days with no luck. I'm hoping there might be some exception or way to request certain evidence be kept confidential, but it sounds unlikely.
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Amina Sy
To give you the most accurate information: California Unemployment Insurance Code Section 1952 and the CUIAB regulations require that all parties have access to the same evidence. The purpose is to ensure a fair hearing where both sides can prepare responses to any documents presented. However, you do have options: 1. You can withdraw your appeal entirely if you're concerned about the evidence being shared. 2. You can request to withdraw specific evidence you've already submitted (though this may weaken your case). 3. You can ask the judge about confidentiality concerns at the beginning of the hearing. Be aware that option #3 rarely results in evidence being kept confidential unless there are very specific legal grounds (like domestic violence protection orders). The fundamental principle of these hearings is that both sides can see and respond to all evidence.
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Yara Abboud
•Thank you for laying out my options so clearly. I think I'm going to try option #2 and withdraw some of the more sensitive messages while keeping the ones that don't implicate my coworkers directly. I appreciate everyone's help with this!
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NebulaNomad
•I went through something similar and ended up just using the evidence anyway because I needed the benefits. Lost some friendships but won my appeal. Sometimes you gotta put yourself first unfortunately.
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Paolo Rizzo
One more thing I just remembered from my hearing - they actually mailed copies of ALL my evidence to my former employer about a week before the hearing. So even if you try to withdraw it now, if they've already sent it out, the damage might be done. Just FYI. The CUIAB process is VERY formal and follows strict legal procedures. This isn't like regular EDD stuff.
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Yara Abboud
•Oh no... I submitted these documents three days ago. I wonder if they've already been processed and sent. I'll try calling first thing tomorrow morning.
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Eva St. Cyr
•@Yara Abboud Just a heads up - when I called CUIAB about withdrawing evidence, they told me there s'usually a 5-7 business day processing window before documents get mailed to the other party. Since you submitted three days ago, you might still have a chance if you can get through to them quickly. The key is to get a confirmation number when you request the withdrawal. Also, they re'more responsive early in the morning like (8 AM sharp before) the phone lines get swamped. Good luck!
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Grace Thomas
•@Eva St. Cyr That s really'helpful timing info! I m definitely'calling at 8 AM sharp tomorrow. Do you happen to remember what department or extension I should ask for when I call? I want to make sure I get to the right person who can actually process the withdrawal request rather than getting bounced around between departments.
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Juan Moreno
•@Grace Thomas When I called about withdrawing evidence, I had to specifically ask for the Appeals "Document Management department." Don t'let them transfer you to regular EDD customer service - they can t'help with CUIAB stuff. Tell them right away that you need to withdraw evidence for an upcoming appeal hearing and give them your appeal case number. They should be able to pull up your file immediately and tell you if the documents have been processed for mailing yet. If they haven t'been sent out, they can flag them for withdrawal on the spot.
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