EDD Appeal Hearing: Can I respond to employer's last-minute witness statements during phone hearing?

Yes, you'll definitely get a chance to respond during the hearing! The Administrative Law Judge (ALJ) conducts these hearings specifically to hear both sides. When it's your turn to speak, you can directly address those statements and explain why they're inaccurate. The judge will likely ask you questions about them too. Make sure to take notes about each specific statement you want to challenge so you don't forget anything during the hearing. Some tips from my experience: - Point out the suspicious timing of all statements being submitted at once - Highlight any specific contradictions between their statements and your evidence - Stay calm and factual - emotional responses can sometimes undermine credibility - Ask to cross-examine these witnesses if possible (though they may not attend) I won my appeal last year even after my employer pulled similar tactics. The judges are experienced and can often spot coordinated statements.

i had almost exact same thing happen in my hearing last mnth!! my boss got 3 ppl to write nasty stuff about me all saying i was late everyday which was TOTAL BS. during the phone hearing the judge let me talk about each statement and explain why it wasnt true. but guess what?? none of those coworkers actually showed up for the hearing so the judge said the statements didnt have as much value since they couldnt be questioned!!!! i won my appeal btw

I went through an appeal hearing last year and let me tell you something important - RECORD THE CALL if your state allows it (check your state laws first). I wish I had recorded mine because my employer totally changed their story during the hearing from what they submitted! The judge caught some of the inconsistencies but not all of them. Also make sure you have a quiet place for the call where you won't be interrupted. My kids started fighting during my hearing and I got flustered and forgot some important points I wanted to make. Have all your evidence spread out in front of you so you can reference dates and times quickly. The judge should give both sides equal time to speak. In my case, I got to make a closing statement at the end where I summarized all the evidence supporting my case.

As someone who's represented clients in numerous EDD appeals, I can share some insight on how these phone hearings typically work: 1. The ALJ will begin by explaining the process and swearing everyone in 2. Usually the employer presents their case first since they have the burden of proof in most misconduct cases 3. You'll have the opportunity to question each of their witnesses 4. Then you'll present your case and can address all the statements submitted 5. The employer will have a chance to question you 6. Both sides make closing statements Here's what's important: Those written statements may not carry much weight if the witnesses aren't available for questioning during the hearing. The ALJ will likely note the suspicious timing and similarity of the statements. Focus on the facts and timeline of events. If you're struggling to reach EDD about any questions before your hearing, I'd recommend using Claimyr (claimyr.com). They have a service that helps you get through to a live EDD agent quickly instead of dealing with the endless busy signals. There's a video explaining how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - might be helpful if you need clarification on anything before your hearing.

The EDD appeal system is RIGGED against workers!!! I had 5 coworkers write HONEST statements supporting me and the judge ignored ALL OF THEM but believed everything my manager said. Don't get your hopes up. These judges always side with the employers because they're all part of the same corrupt system!!!

I'm actually an employer who's been on the other side of these hearings, and I can tell you that those coordinated statements often backfire. The judges see right through it when statements are too similar or all submitted at once. My advice would be to point out specific factual inaccuracies rather than just saying they're lying. For example, if someone claims you were late on a specific date but you have evidence you were on time (time cards, emails sent early in the day, etc.), focus on those concrete contradictions. Also, the fact that you submitted your evidence well in advance actually looks good - it shows you weren't trying to ambush anyone. The last-minute submission from your employer might come across as strategic in a negative way.

my sister just wnet thru this last month and she said the most important thing is DONT INTERRUPT when the other side is talking even when theyre lying!!! the judge got annoyed with her for interrupting and she thinks thats why she lost her appeal. let them talk and then when its ur turn u can say why theyre wrong.

One more important tip - take notes during the hearing itself! When your employer or their witnesses make statements, write down anything that contradicts their written evidence or your recollection. Then when it's your turn to speak, you can systematically address each point. Also, remember to directly answer any questions the judge asks. Sometimes people get so focused on telling their side that they don't actually answer the specific questions, which can frustrate the ALJ. Finally, if there are any important documents you forgot to submit before the deadline, you can ask the judge if they'll accept them during the hearing. Sometimes they will, especially if the evidence directly contradicts something that came up during testimony.

I remember my EDD appeal hearing...what a nightmare! It was about something completely different though - they said I didn't look for work enough but I totally did. Anyway I think they record all those hearings so just be super careful about what you say because they can use anything against you later. Make sure you have all your facts straight and don't contradict yourself.

Could you share what your disqualification reason was? The specific reason matters because it affects how the hearing is structured and who has the burden of proof. For misconduct cases, the employer has to prove you committed misconduct. For voluntary quit cases, you have to prove you had good cause to quit. This affects how aggressive you need to be in challenging their evidence.

I went through something very similar last year - employer submitted a bunch of witness statements at the last minute that were clearly coordinated. The good news is that during my phone hearing, the ALJ specifically asked me about each statement and gave me plenty of time to respond. What really helped my case was that I had prepared a simple chart beforehand listing each false claim and the specific evidence that contradicted it. For example, when they claimed I missed a meeting on X date, I could immediately reference the email showing I had requested time off that was approved by HR weeks earlier. The judge seemed to appreciate that I stayed factual and specific rather than just saying "that's not true." I also noticed that when the ALJ asked the employer's witnesses follow-up questions, several of them couldn't provide details beyond what was in their written statements, which made their testimony seem less credible. One thing that worked in my favor - I mentioned early in the hearing that all the negative statements were submitted simultaneously at the deadline, while my evidence had been submitted weeks prior. The judge made a note of that timing. You've got this! Having your documentation organized and staying calm will serve you well. The fact that you prepared so thoroughly ahead of time actually puts you at an advantage.