EDD Appeal Process - Can Judge Make Decision Without Hearing? Urgent Help Needed

In most cases with EDD appeals, you DO have to attend a hearing with an Administrative Law Judge (ALJ). These are usually phone hearings now though, not in-person, so that might ease your anxiety a bit. The judge needs to hear both sides (you and your employer) to decide who's telling the truth about the circumstances of your separation. It's rare but technically possible for a judge to make a decision without a hearing if your appeal documents and your employer's response make it crystal clear what happened. But honestly, I've only seen that happen when the employer doesn't respond at all. Don't stress too much - these hearings are pretty informal. The judge asks questions to understand what happened, and you just need to tell your truth. Make sure you have any documentation proving you were laid off for budget reasons (emails, termination letter, etc).

my freind had same thing happen n they just got letter in mail with desission. no hearing! so it can happin but dont count on it

I've helped several people with EDD appeals, and here's how it typically works: 1. After you file your appeal, you'll get a packet in the mail with an acknowledgment and then later a hearing notice with the date/time (usually 3-6 weeks from filing) 2. The ALJ CAN technically make a decision without a hearing, but this only happens in about 5% of cases where either: - The employer doesn't respond at all - The documentation is so clear-cut that no testimony is needed - Both parties agree to the same facts 3. For misconduct cases specifically, they almost always require a hearing because it comes down to credibility of conflicting stories. If your anxiety is severe, you can submit a request for accommodation to the appeals board. They might allow you to submit a written statement instead, but it's not guaranteed. My advice: Prepare as if you'll have a hearing. Gather any emails, performance reviews, or communications that show you were laid off for budget reasons rather than fired for misconduct. The burden of proof is on your employer to prove misconduct, which is a high standard.

You know what's RIDICULOUS is that EDD automatically sides with employers 90% of the time without even investigating!!!! I got disqualified for "misconduct" too when all I did was call out sick ONE TIME with doctor's note!!! The appeals process is a JOKE - took 4 months to get a hearing and judge was CLEARLY biased. The whole system is designed to deny benefits any way they can. Don't get your hopes up.

Have you tried contacting EDD to discuss your appeal status? I was in a similar situation last month and really needed to talk to someone to understand what was happening with my case. After days of calling and getting nowhere, a friend recommended I try Claimyr. It's a service that helps you get through to an EDD representative without spending hours on hold. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km I was skeptical but it actually worked - got through to someone who explained my appeal process and answered all my questions. Might be worth checking out if you need specific answers about your situation.

i had appeal last yr and did phone hearing. it was way less scary than i thought!! judge was nice and just asked questions. make sure u have good phone connection and be somewhere quiet. my employer didnt even show up to the call and i won automatically lol

Quick question for anyone who knows - for the appeal hearing, do I need a lawyer? Or can I represent myself? I obviously can't afford legal help right now since I'm not getting my unemployment benefits...

Since you're dealing with a misconduct allegation, here's what you should prepare for the hearing (which is very likely to happen): 1. A clear timeline of events leading to your separation 2. Any documentation showing budget cuts were happening (emails, memos, notices) 3. Performance reviews showing you were in good standing 4. Names of any witnesses who can verify budget cuts were happening 5. A brief, factual explanation of why you believe this was a layoff, not misconduct Stick to facts rather than emotions during the hearing. The judge will appreciate a clear, straightforward account. And remember - the burden of proof is on your employer to prove misconduct, which has a specific legal definition (willful disregard of employer's interests). Budget-related layoffs are not misconduct.