EDD Appeal Hearing Success! Employer No-Show - Decision Already Approved
Just had my EDD appeal hearing yesterday (Jan 15, 2025) and wanted to share my experience since I was so anxious about it! I got laid off 3 months ago from my restaurant management job and EDD initially denied my claim saying I was fired for misconduct (which wasn't true - the company was restructuring and used a minor cash handling error from 6 months earlier as an excuse). The hearing was by phone and I was SO nervous, but the Administrative Law Judge was actually really nice and made me feel comfortable. The weird thing was my former employer never called in! We waited about 15 minutes and then proceeded without them. I explained my side of things - described the restructuring, provided my performance reviews showing good standing, and pointed out the timing between the alleged "misconduct" and my termination months later. I did stumble a bit when asked about specific dates and got confused about some of the paperwork details. The judge said I'd get a decision by end of day... and I just checked my CUIAB account this morning and my appeal was APPROVED! The decision letter is already there. Does an employer no-show usually mean an automatic win? I'm just shocked at how fast the decision came through!
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Isabella Martin
Congrats! Employer no-shows definitely work in your favor, but it's not an automatic win. The judge still has to find that you were eligible based on the evidence and your testimony. The fact that you had documentation showing good performance reviews and could demonstrate the gap between the alleged misconduct and termination was probably key. When employers don't show up, they can't contradict your version of events, but the judge still needs to determine if your actions would constitute misconduct under EDD regulations. Expect payments to hit your account within 7-10 business days in most cases. Make sure to certify for all weeks since your initial claim was denied!
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Ava Hernandez
•Thank you! That makes sense. I'm going to certify for the back weeks right now. Do you know if I'll need to do anything special to get the retroactive payments from when I was initially denied? There's about 11 weeks of back pay.
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Elijah Jackson
my employer didnt show up either lol but i still lost my appeal. judge said i didnt have enough evidence or somethin. your lucky!!
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Ava Hernandez
•Oh no, I'm sorry to hear that. Did you have any documentation at all? I was lucky I kept all my old performance reviews and email communications.
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Elijah Jackson
•nah i didnt think id need anything. just my word vs theres but since they didnt show up i thought id be good. guess not!
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Sophia Miller
This is absolutely typical of employers. They deny your claim hoping you'll just give up, then don't even bother showing up to defend their position at the hearing. They know they don't have a case but it doesn't cost them anything to try and deny you your benefits. THE SYSTEM IS RIGGED against workers! I had almost the same experience last month - employer claimed "misconduct" for a minor issue that happened MONTHS before I was let go. Judge saw right through it. One tip: keep checking your portal because sometimes there can be issues with the payments going through even after a favorable decision. EDD is notorious for throwing unexpected roadblocks in the way!
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Ava Hernandez
•Yeah, it does seem suspicious they used something from 6 months ago as the reason. I guess they were trying to avoid the higher unemployment insurance rates? I'll definitely keep checking the portal daily!
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Mason Davis
wait, you already got your decision??? my hearing was in December and im STILL waiting!! what the heck!!
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Mia Rodriguez
•You should've received a decision by now. If it's been more than 30 days since your hearing, you need to contact EDD immediately. Try calling the appeals board directly at their separate number (not the main EDD line). When I couldn't get through to EDD last month, I used Claimyr (claimyr.com) and they got me connected to an actual person at EDD in about 15 minutes. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Seriously worth it when you need to resolve urgent issues like missing appeal decisions.
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Jacob Lewis
Quick question for you - was your hearing with just an Administrative Law Judge or was there also a hearing officer? I'm confused about my upcoming appeal because the paperwork mentions both and I don't know what to expect.
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Ava Hernandez
•It was just the Administrative Law Judge on the call. There was also someone who seemed to be like a clerk or assistant who did the initial roll call and checked that everyone was present, but the judge conducted the entire hearing himself. Hope that helps!
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Isabella Martin
•A point of clarification: what you experienced is standard. The person doing the roll call is typically the hearing officer who assists the ALJ with administrative matters. The Administrative Law Judge is the one who makes the actual decision. Just wanted to clarify so there's no confusion - they're two different roles but both will likely be present at your hearing.
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Amelia Martinez
Did u have to pay back any money? I won my appeal too but now they're saying I need to repay benefits from before the appeal? Makes no sense to me.
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Ava Hernandez
•I didn't get any benefits before the appeal - they denied me from the start so there's nothing to pay back. That sounds really strange in your case if you won the appeal! Have you called to ask about it?
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Mia Rodriguez
One important thing to know is that your employer can still appeal this decision to the CUIAB board level within 30 days. It's not common when they didn't show up to the first hearing, but it can happen. Just keep certifying and collecting your benefits, but be aware there's still that possibility. Also, for anyone reading this who's struggling to reach EDD about their appeal: I recently used Claimyr (claimyr.com) when I was in appeals limbo for weeks. They connected me to an EDD rep who could actually see notes on my appeal in about 10 minutes when I'd been trying for days on my own. They have a video showing exactly how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The agent I reached was able to expedite my case review.
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Ava Hernandez
•I didn't realize they could still appeal! That's a bit nerve-wracking. I hope they don't since they didn't even bother to show up the first time. I'll keep an eye on my CUIAB portal just in case. Thanks for the heads up.
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Elijah Jackson
how long did ur hearing last? mines was like 2 hrs and sooo stressful
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Ava Hernandez
•Mine was only about 40 minutes! I think it was shorter because the employer didn't show up so there wasn't any back-and-forth. The judge just asked me questions directly. I can't imagine going for 2 hours - that sounds exhausting!
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Ethan Clark
I had a similar experience last week except my employer DID show up and brought their HR person and a lawyer! Talk about intimidating. Still waiting on my decision though. Congrats on your win!
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Ava Hernandez
•Wow, that sounds super intimidating! Fingers crossed you get good news too. The waiting is definitely the hardest part.
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