EDD Appeal Process: Do all disqualification appeals require a hearing with a judge?

I appealed a disqualification back in February and yes, I had to attend a hearing with an Administrative Law Judge. It wasn't as intimidating as it sounds though! Mine was done over the phone due to my location, but some people get video conferences or in-person hearings. The judge was actually pretty fair and let me explain my situation. My employer didn't even show up to contest it, so it was pretty quick - about 20 minutes. I got my favorable decision letter about 10 days later. Bring any documentation that proves your case. For layoffs, having that termination letter is GOLD. Make sure to have copies of everything ready to reference during the hearing.

Almost all appeals require a hearing with an Administrative Law Judge (ALJ). It's very rare for appeals to be decided on paperwork alone - that generally only happens when the EDD themselves recognize they made a clear mistake before the hearing date. The hearing isn't like a criminal court. It's fairly informal, though still has structure. The judge will ask you questions about your work separation, and you'll have the chance to present your evidence and explain your side. If your former employer participates, they'll get to tell their version too. Since you have documentation showing you were laid off, you're in a strong position. Just be honest, stick to the facts, and have your documents organized and ready to reference. Most hearings last 30-45 minutes.

i had appeal last year and yes theres a hearing but mine was on phone. judge was actually nice not scary at all.

yea i won my appeal. just be honest and show ur evidence

I waited FOUR MONTHS for my appeal hearing!!! The whole system is designed to wear you down so you'll give up. And yes, you 100% have to do the hearing. The judge in my case was totally biased and kept interrupting me. My employer lied about why they fired me and the judge believed them even though I had evidence!!! Complete waste of time.

My friend who works at EDD told me they're super backlogged with appeals right now, so you might be waiting 2-3 months for your hearing date to even be scheduled. I'd recommend finding a way to get through to an EDD rep to check on the status of your appeal if you don't hear anything after submitting. Btw, I was having the same problem trying to reach someone at EDD about my claim issues last month. Kept getting the "we're experiencing high call volume" message for DAYS. I ended up using Claimyr (claimyr.com) to get through to an actual human. They have this system that calls EDD for you and connects you when they get through. Saved me hours of redial hell. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Good luck with your appeal!

Attorney here who has handled many EDD appeals. To directly answer your question: yes, most disqualification appeals require a hearing, but a small percentage are resolved through what's called a "Director's Review" if the facts are very clear-cut. If you have clear documentation showing you were laid off (termination letter specifically mentioning budget cuts or reduction in force), you have an excellent chance of winning your appeal. The burden of proof will be on your employer to demonstrate you quit voluntarily. Some tips for your hearing: 1. Be concise and factual in your statements 2. Have your documents organized chronologically 3. Refer specifically to dates and written evidence when answering questions 4. Don't interrupt the judge or your former employer 5. If asked why you're filing for unemployment, simply state you were laid off due to budget cuts - don't elaborate unnecessarily Currently, the appeal scheduling backlog is running about 8-10 weeks in most California offices. You'll receive a Notice of Hearing in the mail with your specific date/time and whether it's phone, video, or in-person.

I just went through this whole process about 6 weeks ago! Yes, you'll have a hearing, but honestly it wasn't nearly as scary as I thought it would be. Mine was over the phone. The judge was super professional and just wanted to get to the facts. My hearing lasted about 35 minutes. The judge asked me questions first, then my former employer, then let me respond to anything my employer said that I disagreed with. One thing I wasn't prepared for - they record the whole thing! So just be aware of that. Also, be ready with your documents but don't read from a script or anything. The judge can tell when you're reading vs speaking naturally. I won my appeal btw. Got the decision letter about 2 weeks after the hearing and my backpay hit my Money Network card a week after that. Good luck!!

I made bullet points of important dates and events, and had all my documents labeled and in order. I practiced explaining my situation to my sister the night before, which helped me feel more confident. Just don't script it word-for-word because you'll sound nervous if you're reading. Bullet points worked perfectly for me!

Wait until you win your appeal and STILL don't get paid for months afterward... that's when the real nightmare begins!!! The appeals department doesn't talk to the payment department and you'll be stuck in an endless loop of "we're processing your claim" emails 🤬

I went through a similar situation about 8 months ago when EDD incorrectly classified my layoff as a voluntary quit. The appeal process does require a hearing with an Administrative Law Judge - there's really no way around it, but I promise it's not as intimidating as it sounds! A few things that helped me prepare: - I created a simple timeline of events leading up to my layoff - Had copies of all my documents ready (sounds like you're already on top of this) - Practiced explaining my situation clearly and concisely to a friend My hearing was conducted over the phone and lasted about 40 minutes. The judge was very professional and focused on getting the facts straight. Since you have a termination letter that clearly states you were laid off due to budget cuts, you're in a much stronger position than I was. One tip: when they ask you to explain what happened, start with "I was laid off on [date] due to budget cuts" and then provide the supporting details. Don't overcomplicate it - the documentation speaks for itself. The hardest part for me was actually the waiting - it took about 10 weeks to get my hearing scheduled, but once it was over, I got my favorable decision within 2 weeks. Hang in there!

I'm going through the exact same situation right now! Got my disqualification notice two weeks ago for "voluntary quit" even though I was clearly laid off when my department got eliminated. Filed my appeal immediately but have been stressed about the hearing process. Reading through everyone's experiences here is really reassuring - it sounds like having solid documentation (which you definitely have) makes a huge difference. I have my layoff notice, final paycheck stub showing "reduction in force," and emails from HR about the department closure. One thing I'm curious about - did anyone here have their former employer actually show up to contest the appeal? My HR department seemed pretty disorganized when I left, so I'm wondering if they'll even bother participating in the hearing process. Thanks for posting this question, Amelia - you've gotten some really valuable responses that are helping me prepare for my own hearing!

Just wanted to add my experience from last year - I was terrified about the hearing too but it really wasn't bad at all! Mine was a phone hearing that lasted about 30 minutes. The judge was very patient and walked me through each question clearly. One thing that really helped my anxiety was calling the EDD Appeals office a few days before my hearing to confirm the phone number and process. They explained exactly how it would work - they call you at the scheduled time, put you in a "waiting room" on hold, then connect you to the judge when it's your turn. Since you have that termination letter showing budget cuts, you're in great shape. I had similar documentation and won my appeal easily. The judge seemed most interested in whether I had any advance warning about being laid off (I didn't) and whether I was given any option to stay (nope). Try not to stress too much about it - you've got solid evidence and these judges deal with wrongful disqualifications all the time. They know the difference between someone who was legitimately laid off versus someone trying to game the system.