EDD Appeal Hearing next week - How to win when ex-employer is under lawsuit?

I went through an appeal hearing last year and WON! The key is to be super organized. Bring 3 copies of EVERYTHING (one for you, judge, and employer). Focus only on why you qualify for unemployment, not all the other illegal stuff they did - that's for your separate lawsuit. When I had my hearing, the judge only cared about whether I was fired for misconduct or not. Stick to the facts about your separation and have dates/times ready. Also, speak clearly and don't interrupt anyone - the judges really hate that. Check out Claimyr if you need to talk to an actual EDD agent before your hearing for any clarification. It's the only service that actually got me through to a real person when the phone lines were constantly busy. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Getting advice from an actual EDD rep before your hearing can really help you prepare.

Listen carefully: the class action lawsuit is COMPLETELY separate from your UI case. In your hearing, focus ONLY on proving you were either laid off or terminated without misconduct. If you quit, you'll need to prove it was for "good cause." Don't bring up all the illegal stuff unless it directly relates to why you lost your job. I'm a former HR director who's been on both sides of these hearings. Judges get irritated when people turn EDD appeals into venting sessions about bad employers. They're only there to determine if you legally qualify for benefits under unemployment insurance law. Bring a timeline of events leading to your separation, any performance reviews showing good performance, and any documentation of the reason they gave for termination. If they don't show up (which happens often with defunct companies), you have a much better chance of winning, but still need to be prepared.

Omg i had my appeal last month and was soooooo nervous!! But guess what? My old boss didnt even show up!!! The judge just asked me a few questions and it was over in like 20 mins. I won by default basically. Maybe your ex-employer wont show either since there out of business? Good luck!!!!!

I represented myself in an EDD appeal hearing in January and won against my former employer. Here's my advice: 1. Prepare a clear, chronological statement about your employment and separation (2-3 minutes max) 2. Answer only what's asked - don't volunteer extra information 3. If your employer makes false claims, wait until the judge asks for your response 4. Bring documentation of anything you claim (emails, texts, performance reviews) 5. If they say you were fired for misconduct, the burden of proof is on THEM 6. Dress professionally and address the judge as "Your Honor" It sounds like your situation involves retaliation, which could be relevant if your termination happened shortly after reporting them. You can mention that timeline if asked about your separation, but don't go into details about the lawsuit unless specifically asked. Also, hearings are typically recorded, so speak clearly and avoid talking over others.

EDD appeals are RIGGED against workers!!! I lost mine even with TONS of evidence because the judge clearly sided with the employer from the start. The whole system is corrupt. They just want to save the state money by denying benefits. Good luck but don't get your hopes up.

The most important thing: ANSWER THE JUDGE'S QUESTIONS DIRECTLY. When I had my hearing, I started going off on tangents about all the terrible things my employer did, and the judge kept cutting me off and getting annoyed. Focus on the specific reason you were separated and why it qualifies you for benefits. Also, if you received benefits already and lose the appeal, you can request a waiver of overpayment. You'll need to show that repaying would cause financial hardship and that you received the benefits through no fault of your own (meaning you applied in good faith).

One thing to prepare for: the judge will likely ask if you're currently employed. Be honest, as that won't impact your eligibility for past benefits. The question is just establishing your current status. Regarding the class action lawsuit - only mention it if directly asked about it. However, if your separation was clearly retaliatory for reporting tax violations, that timeline IS relevant to your case. Retaliation for reporting legal violations typically qualifies as wrongful termination, which would make you eligible for UI benefits. Be prepared for the judge to interrupt you if you go off-topic. This isn't rudeness - they have many cases to hear and need to keep things focused on eligibility factors only.

hi i just went thru this!! make sure u log into the hearing 10 mins early! my call dropped twice during my hearing and i almost missed it completely. also if u have any witnesses they have to be there from the start or judge might not let them talk later. my friend was gonna testify for me but couldnt get on at beginning so they wouldnt let her speak!! i still won tho bc my boss was lying about everything and judge saw thru it.

Just wanted to follow up - how did your hearing go? Did you win your appeal?