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.