EDD appeal hearing after employer contested my approved UI claim - what to expect?

I went through this exact situation last year and won my appeal. Here's what you need to know: 1. The hearing is pretty formal, but the judge will walk everyone through the process 2. DOCUMENT EVERYTHING. Bring any emails, performance reviews, texts, anything that shows you weren't fired for misconduct 3. Prepare a clear timeline of events leading to your termination 4. You don't NEED a lawyer, but if you can afford one familiar with EDD appeals, it helps 5. Practice explaining your side calmly - getting emotional can make you seem less credible The burden of proof is on your employer to prove misconduct. In California, misconduct has a specific legal definition - it's not just poor performance or personality conflicts. It needs to be deliberate disregard of the employer's interests. If you lose, yes, you might have to repay benefits, but you can request a waiver if repayment would cause financial hardship.

Just went thru this in Jan. My boss claimed I walked off job but I had TEXT MESSAGES proving he told me not to come back!!!! Judge took like 10 mins to rule in my favor once he saw those. SAVE EVERYTHING you have!!!! The judge aksd me questions first then my ex boss got to talk then I got to respond to his lies. It was all over phone so wasn't as scary as I thought

These appeal hearings are such bull****. The system is totally rigged against workers. My friend got screwed over after 20 YEARS at the same company when some new manager came in and decided to clean house. EDD initially approved her but then reversed after the employer appeal. Now she owes $14k in overpayments and can barely make rent. The whole unemployment system is broken beyond repair. If I were you, I'd call the EDD every single day until you get someone who can give you specific advice for your situation. Good luck actually reaching a human though...

I've been through the EDD appeal process as both an employee and later helping others as an HR consultant. One important thing to know: you absolutely should continue certifying for benefits while your appeal is pending. Even if the hearing is weeks away, don't stop certifying! For the hearing itself, organization is key. Create a simple document with bullet points of: - Exact reasons given at termination (use their exact words if possible) - Any witness names who can verify your account - Dates of any relevant incidents or conversations - Any contradictions in the employer's actions (like hiring someone new if they claimed restructuring) The judge will give both sides time to present their case and ask questions. Be concise, stick to facts, and avoid emotional language about how unfair the situation is. If you don't know an answer, it's better to say "I don't recall" than to guess. In my experience, judges are generally fair and understand that employers sometimes contest claims just to keep their UI rates lower.

omg i went thru this nightmare in february!!! calling EDD was IMPOSSIBLE - kept getting the "we're experiencing high call volume" message for WEEKS when I was trying to understand the appeal process. i was literally in tears every day. I finally found this service called Claimyr (claimyr.com) that got me connected to an actual EDD rep in under 20 minutes. They have this system that somehow gets through the phone queue. Saved my sanity! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep was actually super helpful and explained exactly what documents I needed for my hearing. Made a huge difference in my case.

dont worry to much, there looking at if u did something realy bad like stealing or not showing up lots. if they just didnt like how u did ur job thats not misconduct for edd. i won my case and my boss HATED me lol. just be honest and dont get all emotional even if the employer says crazy stuff

I recommend reviewing EDD's definition of misconduct before your hearing. For unemployment purposes, misconduct means: 1. The action must be deliberate or willful 2. It must show substantial disregard for the employer's interests 3. It must actually harm or potentially harm the employer 4. It must violate a reasonable employer policy/expectation Poor performance, isolated incidents, or good faith errors in judgment typically don't qualify as misconduct. Typically, the Administrative Law Judge will issue a decision within 1-2 weeks after the hearing. If you win, your benefits will continue normally. If you lose, you'll receive a Notice of Overpayment from EDD. At that point, you can either repay or request a waiver based on financial hardship. Good luck with your hearing!

My cousin had to do an appeal last month and he said the most important thing was to keep your answers brief and only respond to exactly what the judge asks. Don't volunteer a bunch of extra info or go off on tangents about how terrible the employer was. Stick to the facts of how your separation happened.

One more thing that really helped me: write down a chronological account of events before the hearing. Include dates when possible. Having this in front of you during the call keeps you from forgetting important details when you're nervous. Also, make sure you're in a quiet place with good phone reception for the hearing. Be ready 15 minutes early, as sometimes they call earlier than the scheduled time. And remember - even if your former employer says negative things about you, stay professional and don't interrupt. The judge will give you time to respond. Most importantly, if the judge asks if you have any final comments before concluding, make sure to briefly summarize why you believe you were not terminated for misconduct. This is your last chance to make your case!

Yes, definitely submit your evidence beforehand if possible! The instructions for submitting documents should be in your hearing notice. Getting documents into the record before the hearing gives the judge time to review them and makes the process smoother. If you wait until the hearing, you'll have to describe the documents verbally, which is less effective. I'd submit: 1. Any performance reviews (especially positive ones) 2. The emails with customer compliments you mentioned 3. Any documentation of the company's restructuring or hiring of your replacement 4. Any communication about your termination Make sure to keep copies of everything you submit for your own reference during the hearing. And yes, absolutely mention if they hired someone to replace you right after claiming they were restructuring. That's a key contradiction in their story.

I'm a paralegal who works with employment law cases, and I wanted to add a few practical tips for your hearing: 1. Have a pen and paper ready during the call to jot down any claims your employer makes that you need to address - you'll get a chance to respond after they present their case 2. If your employer mentions specific incidents, be prepared with your version of what happened. Don't just deny their claims - explain what actually occurred from your perspective 3. The fact that they called it "restructuring" initially but now claim misconduct is actually a big red flag that works in your favor. That inconsistency suggests they're grasping for reasons to avoid paying into the UI system 4. If you have any witnesses who can verify your work performance or the circumstances of your termination, ask them to be available by phone during the hearing (the judge may want to speak with them) 5. Remember that in California, even if you made some mistakes, that doesn't automatically equal misconduct unless it was willful disregard of the employer's interests You've got this! The fact that EDD initially approved your claim means they already determined you were eligible. Your employer now has to prove their case, and from what you've described, it sounds like they're going to have a hard time doing that.

I went through this exact situation about 8 months ago when my retail employer contested my UI claim after initially saying I was laid off due to "store restructuring." They suddenly claimed I had attendance issues (which was completely false - I had maybe 2 sick days in 18 months). Here's what really helped me win my case: 1. I found my old employee handbook that clearly outlined their progressive discipline policy, which they never followed with me 2. I had screenshots of text messages from my manager praising my work just weeks before termination 3. I prepared a simple one-page timeline with dates of key events leading up to my termination The hearing lasted about 45 minutes. My former manager stumbled when the judge asked for specific dates and documentation of my supposed attendance problems - they had nothing concrete. Meanwhile, I had actual evidence contradicting their claims. The judge ruled in my favor within 5 days, and I never had to repay anything. The key is staying calm, being factual, and letting your evidence speak for itself. Don't get defensive even if they say frustrating things about you. One tip: when you submit your documents beforehand, include a brief cover letter summarizing what each document proves. It helps the judge understand why each piece of evidence matters to your case. You're going to do great! The fact that they changed their story from "restructuring" to "misconduct" already looks really bad for them.

I just went through this same process last month and won my appeal! Your situation sounds very similar to mine - employer initially said "budget cuts" then suddenly claimed misconduct when they got hit with the UI charge. A few things that really helped me: 1. I kept a detailed log of every interaction with my former employer, including the exact words they used when terminating me. The judge was very interested in the inconsistency between their original reason and their appeal claim. 2. I submitted everything early - the judge clearly appreciated having time to review documents before the hearing rather than trying to explain them over the phone. 3. During the hearing, I focused on facts and dates rather than emotions. Even when my ex-boss made some pretty unfair characterizations of my work, I stayed professional and just stuck to what actually happened. 4. The burden of proof really is on them. In California, they have to show you DELIBERATELY acted against the company's interests, not just that you had disagreements or made judgment calls they didn't like. Your customer service approach actually sounds like you were trying to protect the company's bottom line, which is the opposite of misconduct. Make sure to emphasize that during the hearing. The waiting is nerve-wracking, but most people I know who had legitimate layoffs disguised as misconduct claims ended up winning their appeals. Employers sometimes contest just to try to keep their UI rates down, even when they know the claim is valid. Stay strong - you've got this!

I'm going through something very similar right now! My employer initially said I was laid off due to "downsizing" but then appealed my UI claim saying I was terminated for "poor performance and insubordination." It's so frustrating when they change their story after the fact. Reading through all these responses has been incredibly helpful. I'm definitely going to start gathering my documentation today - I have some text messages from my supervisor and a few positive customer feedback emails that should help my case. One question for those who've been through this: did any of you have issues with your employer trying to contact you directly about the appeal? My former manager called me yesterday asking if we could "work something out" before the hearing, which seemed really sketchy. I didn't agree to anything, but I'm wondering if I should mention this to the judge? Thanks everyone for sharing your experiences - it really helps to know we're not alone in dealing with these bogus misconduct claims!

I'm a former EDD appeals officer (retired last year) and wanted to share some insights from the other side of these hearings that might help you feel more confident: First, the fact that your employer initially called it "restructuring" but is now claiming misconduct is a HUGE red flag. In my experience, legitimate misconduct cases are documented from day one - employers don't suddenly "discover" misconduct weeks later when they get their UI charge notice. Here are some insider tips: 1. Administrative Law Judges are trained to spot employer attempts to avoid UI charges. They see these inconsistent stories all the time and are generally skeptical when employers change their termination reason. 2. Your customer service disagreements likely don't meet California's legal standard for misconduct. Judges look for willful violations of clear company policies, not good-faith business judgment calls. 3. The timing matters - if they hired someone right after your "restructuring," that's strong evidence contradicting their misconduct claim. 4. Don't be intimidated if your employer brings a lawyer or HR rep. Judges actually sometimes view that as overkill for a simple UI appeal, especially when the employee is representing themselves. Keep your testimony factual and chronological. Let the employer hang themselves with their contradictions - which they often do when pressed for specific details about the alleged misconduct. You're in a much stronger position than you realize. Good luck!

I've been lurking on this thread because I'm facing a similar situation - my appeal hearing is next week. Reading everyone's experiences has been incredibly helpful and honestly quite comforting. One thing I wanted to add that I learned from my local legal aid clinic: if you have any documentation showing that other employees were also let go around the same time as you (for the same "restructuring"), that can be powerful evidence supporting your case. I found an old company newsletter mentioning multiple layoffs in my department during the same period I was terminated. Also, for anyone worried about the phone hearing format - I was initially nervous about not being face-to-face with the judge, but my legal aid attorney said phone hearings can actually work in your favor because you can have all your documents and timeline right in front of you without it looking like you're reading from notes. @Vera Visnjic - your case sounds really strong based on everything you've shared. The fact that they hired a replacement so quickly after claiming "restructuring" is going to be very hard for them to explain away. Wishing you the best of luck with your hearing!

I'm a new member here but have been following this thread closely because I'm dealing with a similar situation. My appeal hearing is scheduled for next month after my employer contested my approved UI claim. Reading through everyone's experiences has been incredibly helpful - especially the advice about documenting everything and staying factual during the hearing. I've started gathering all my evidence including performance reviews, text messages, and emails that contradict my employer's misconduct claims. One question I haven't seen addressed: has anyone had success requesting a postponement if you need more time to gather documentation? My former employer waited until almost the last minute to file their appeal, so I'm feeling rushed to prepare everything properly. I want to make sure I have the strongest case possible. Thank you all for sharing your experiences so openly - it's really helping those of us who are new to this stressful process!