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.

I went through a similar situation about 8 months ago - employer falsely claimed misconduct when I was clearly laid off due to company restructuring. The anxiety about the hearing was honestly the worst part! Here's what helped me: I called the appeals office directly (not the main EDD line) and asked about the possibility of a summary judgment without a hearing. The clerk explained that it CAN happen if the documentation is overwhelmingly clear, but it's rare. In my case, I had to do the phone hearing. BUT here's the good news - it was SO much easier than I expected. The judge was professional and patient. They asked my employer to present their evidence first, then I got to respond. The whole thing took maybe 30 minutes. I had my emails and documents ready, told my story clearly, and won. My advice: prepare for the hearing but don't panic. Practice explaining your situation out loud beforehand. The fact that you have documentation about budget cuts puts you in a strong position. Misconduct has a very specific legal definition and budget layoffs definitely don't qualify. You've got this! The appeals process actually works when you have the truth on your side.

I'm going through something similar right now and this thread has been so helpful! Just wanted to add that when I called EDD about my appeal timeline, they mentioned that if you have really severe anxiety about phone hearings, you can request an accommodation through the Office of Appeals. They might allow you to submit additional written testimony or have other modifications to help with anxiety. Also, one thing that helped me prepare was writing down all the key points I wanted to make beforehand. That way even if I got nervous during the call, I had my notes right there. The judges are used to people being anxious and they're generally pretty understanding. From what I've learned, the cases that get decided without hearings are usually when the employer completely fails to respond or when there's like a clear paper trail showing obvious wrongful termination. For misconduct claims, they almost always want to hear from both sides directly. Hang in there - sounds like you have good documentation and the truth on your side!

I'm a newcomer to this community but dealing with a very similar situation! My employer also falsely claimed misconduct when I was clearly part of layoffs due to "company restructuring." Reading through everyone's experiences here has been incredibly helpful and reassuring. I was also terrified about the hearing process, but it sounds like the phone hearings are much more manageable than I imagined. One question I have - for those who went through the appeals process, how important was it to have witness contact information? I have a coworker who was laid off the same day as me and could verify that multiple people were let go for budget reasons, but I'm not sure if I should reach out to them or if my documentation will be enough. Also, has anyone had success with requesting accommodations through the Office of Appeals? I have diagnosed anxiety disorder and the thought of even a phone hearing is causing panic attacks. Thank you all for sharing your experiences - this thread is giving me hope that there's light at the end of this tunnel!

Hi everyone! I'm new to this community but unfortunately dealing with a very similar situation. My employer also falsely claimed I was terminated for misconduct when I was actually part of workforce reduction due to budget constraints. Reading through all of your experiences has been incredibly reassuring - especially hearing that the phone hearings are much more informal and manageable than I initially feared. The anxiety about this process has been overwhelming, so knowing that judges are generally patient and understanding really helps. I wanted to ask - for those who successfully appealed misconduct determinations, how detailed did you get in explaining the company's financial situation? I have emails mentioning budget cuts and cost-saving measures, but I'm wondering if I should try to gather more specific information about the company's financial state or if that's getting too deep into the weeds. Also, @Javier Morales mentioned that the burden of proof is on the employer to prove misconduct - does this mean I should focus more on disproving their claims or on proving it was actually a layoff? I want to make sure I'm approaching this the right way. Thank you all for creating such a supportive discussion here. It's giving me confidence that I can get through this process!

Hi Keisha! I'm new to this community but unfortunately going through a similar situation right now. My employer also falsely claimed misconduct when I was clearly laid off due to company downsizing. Reading through this entire thread has been incredibly helpful and reassuring! I was also panicking about the hearing process, but everyone's experiences make it sound much more manageable than I feared. One thing I wanted to add that might help with your anxiety - I found out that you can actually request to have a support person with you during the phone hearing (like a family member or friend who can just be there for moral support, not to speak). They can't participate in the hearing, but having someone there might help calm your nerves. Also, based on what everyone has shared here, it sounds like your case is really strong. You have documentation of budget cuts AND you were proactive about filing your appeal quickly. The fact that you know it was budget-related layoffs (not misconduct) and you have evidence to back that up puts you in a good position. The waiting and uncertainty is definitely the hardest part, but from everything I've read here, when people have the truth and documentation on their side like you do, the appeals process actually works. Hang in there - you've got this!

Hey there! I'm new to this community but unfortunately dealing with a very similar situation. My employer also claimed misconduct when I was actually laid off due to budget cuts - it's so frustrating when they try to twist the narrative like that! Reading through everyone's experiences here has been incredibly reassuring. I was also terrified about the hearing process, but it sounds like the phone hearings are much more informal and manageable than I initially thought. One thing that's helped me prepare is creating a simple timeline document with dates and key events - when budget discussions started at the company, when layoffs were announced, when I was terminated, etc. It helps keep everything organized and gives me something concrete to reference if I get nervous during the hearing. Also, I wanted to mention that I've found it helpful to practice explaining my situation out loud to a family member. It sounds silly, but it really does help you get comfortable with telling your story clearly and concisely. From everything I've read here and researched myself, misconduct has a very specific legal definition and budget-related layoffs absolutely don't qualify. The fact that you have emails about budget cuts puts you in a really strong position. You're definitely not alone in this - sounds like there are a lot of us going through similar situations right now. Stay strong and keep us updated on how it goes!

Hi Keisha! I'm new to this community but unfortunately dealing with a very similar situation. My employer also falsely claimed misconduct when I was clearly part of layoffs due to company restructuring. Reading through this entire thread has been incredibly helpful and reassuring! I was also panicking about the hearing process, but everyone's shared experiences make it sound much more manageable than I initially feared. One thing I wanted to add that might help - I just learned that you can actually call the Office of Appeals directly (separate from the main EDD number) to ask specific questions about your case timeline and process. The number is different from the regular EDD line and supposedly has shorter wait times. Also, from everything I've read here, it sounds like your case is really strong. You filed your appeal quickly, you have documentation about budget cuts, and you know the truth about what happened. The fact that so many people in this thread have successfully overturned false misconduct claims gives me hope for both of us. The anxiety is definitely the worst part of this whole process, but having this supportive community and hearing real success stories is making me feel more confident about facing the hearing. Thank you for starting this discussion - it's helping so many of us going through similar situations!

Hi Keisha! I'm new to this community but unfortunately dealing with a very similar situation - my employer also falsely claimed misconduct when I was clearly laid off due to budget constraints. Reading through this entire thread has been incredibly helpful! I was also terrified about the hearing process, but everyone's experiences here make it sound much more manageable than I expected. The fact that it's usually just a phone call with an informal conversation rather than a formal courtroom setting is really reassuring. One thing that's helped me prepare is organizing all my documentation into a simple folder - emails about budget cuts, any termination paperwork, performance reviews, etc. Having everything in one place makes me feel more prepared and less anxious about the process. From what I've learned here, your case sounds really strong. You have documentation of budget cuts, you filed your appeal promptly, and you know the truth about what happened. Misconduct has a very specific legal definition, and budget-related layoffs absolutely don't qualify. The anxiety is definitely the hardest part, but this community has shown me that when people have the truth and documentation on their side like you do, the appeals process really does work. You've got this! Keep us updated on how it goes.

Hi Keisha! I'm new to this community but unfortunately going through a similar situation. My employer also falsely claimed misconduct when I was actually laid off due to company-wide budget cuts - it's incredibly frustrating when they try to avoid paying unemployment benefits this way! Reading through this entire discussion has been so helpful and reassuring. I was also terrified about the hearing process, but everyone's experiences here show that it's much more manageable than I initially thought. The phone format and informal nature of the hearings sounds way less intimidating than a formal courtroom setting. From everything shared here, your case sounds really strong. You have documentation of budget cuts, you filed your appeal quickly, and most importantly - you have the truth on your side. Multiple people in this thread have mentioned that misconduct has a very specific legal definition, and budget-related layoffs absolutely don't meet that standard. One thing that's helped me prepare is writing out a simple timeline of events with key dates - when budget issues started being discussed at the company, when layoffs began, when I was terminated, etc. Having that structure ready makes me feel more organized and confident about explaining my situation clearly. The anxiety is definitely the worst part of this whole process, but this community has shown me that the appeals process really does work when people have documentation and truth like you do. You're not alone in this - we're all rooting for you! Please keep us updated on how everything goes.