EDD appeal hearing after employer objection - what should I expect?

I went through this exact situation last year. The appeal hearing is actually pretty formal but not as scary as it sounds. An Administrative Law Judge will conduct the hearing (mine was over the phone). Both you and your employer will testify under oath and can present evidence and witnesses. Here's what you should prepare: 1. A written timeline of events - exactly when you were assigned to the client, when services were terminated, all attempts at communication, etc. 2. Any performance reviews or positive feedback you received 3. Emails or texts showing you were in good standing 4. Pay stubs showing consistent hours before termination 5. Any communication from your employer about the client being dropped The judge will likely ask about the nature of your work, the reason for separation, whether you were offered alternative work, and if you were available to continue working. Be honest but stick to facts rather than emotions about family issues.

dont worry too much these hearings arnt as bad as they seem. my boss tried to deny my benefits last yr saying i quit when i was actuly laid off. just tell the truth and youll be fine. bring any proof u have that shows u were willing to keep working. also write down dates of everything that happened so u dont get confused

The lack of termination paperwork actually HELPS your case, not hurts it. If they never formally terminated you or provided cause, that's on them. What matters most in these hearings is whether you were terminated through no fault of your own or if you voluntarily quit. Since your position was eliminated due to client termination (regardless of who that client was), that's generally considered a layoff. The judge will focus on: - Did you do anything to cause the termination? - Were you offered alternative work and refused it? - Were you available and able to continue working? Document EVERYTHING. If you have any texts or emails asking about your status or seeking clarification about work, bring those. If you applied for other positions within the company, bring proof. Also bring any evidence showing you were in good standing prior to this incident. Stay calm during the hearing and stick to facts. Don't get emotional about family issues unless directly asked.

My employer appealed my benefits too and I was SO stressed about it but honestly the judge was really fair. They're used to seeing these situations and can often tell when an employer is being vindictive. Just be professional and focus on the employment facts rather than personal drama. Good luck!!

If there's one thing I learned from my EDD appeal (which I won btw), it's that you need to be SUPER prepared. The employer often comes with an HR rep or even a lawyer sometimes. Make sure you have every document organized chronologically and bring multiple copies. Also, when the employer makes claims, don't interrupt - write down what they say and address it when it's your turn. The judge gave me points for being professional while my former boss kept interrupting and getting emotional. One crucial thing: be clear about whether you were a W2 employee or a 1099 contractor, as this affects eligibility. If you worked regularly scheduled hours and they controlled how/when you worked, emphasize that even if they classified you as a contractor. I've been through this rodeo and would be happy to answer more specific questions about the process.

Ugh when I had my appeal hearing last year I couldn't get through to EDD for WEEKS trying to ask questions about the process. I finally used a service called Claimyr (claimyr.com) which got me connected to an EDD rep in about 20 minutes! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The rep walked me through exactly what to expect and told me what documentation would help my case. Much better than going in blind! My hearing went well and I kept getting my benefits.

i think ur bosss cant just fire u bcuz of family drama!!!! thats like discrimination or something????? maybe u should talk to a lawyer not just worry about the EDD hearing...my cousin got wrongfully terminated and got a settlement so maybe check that out too

Something important that nobody has mentioned yet: if your employer doesn't show up to the hearing (which happens quite often), the judge will likely rule in your favor as long as your testimony is consistent with your application. Many employers start the appeal process but don't follow through with attending the actual hearing. Also, be prepared for a possible postponement. If either party requests more time, the judge often grants it. My hearing was rescheduled twice before it actually happened. Finally, practice your opening statement. You'll get a chance to explain your side before questions start. Keep it under 3 minutes, stick to employment facts, and clearly explain that you were available to continue working but your position was eliminated when they terminated services with your client.

MY BOSS TRIED THE SAME THING!!!! They fired me then tried to say I was incompetent when I applied for benefits. Total lies. They do this because their UI insurance rates go up when former employees collect benefits. Don't let them intimidate you! The system is actually designed to favor workers, contrary to what most people think. Just speak clearly, don't get emotional, and stick to the FACTS.

After your hearing, the judge won't make a decision right away. You'll receive the decision by mail, usually within 1-2 weeks. If you lose, you have 20 days to appeal to the California Unemployment Insurance Appeals Board (CUIAB). One more tip: if you have any witnesses who can testify about your work performance or the circumstances of your separation, you can have them participate. Just notify the judge in advance. And remember that even though this feels personal (and it might be), the EDD appeal process only cares about the employment relationship and whether you're eligible for benefits under the law. Focus on demonstrating that you did not voluntarily quit, were not fired for misconduct, and remained available for work.

Yes, definitely bring screenshots of those texts from coworkers! Any evidence showing that the client termination was unexpected or unusual strengthens your case that this wasn't performance-related. Make sure the screenshots clearly show the date/time stamps and save them as PDFs if possible so they look more professional. Also, a few practical tips for the actual hearing day: test your phone connection beforehand if it's by phone, have water nearby (your mouth gets dry when you're nervous), and write down key points on paper in case you get flustered. The judge will ask both sides to state their case, then might ask follow-up questions. One thing that helped me was remembering that the burden of proof is actually on your employer to show you were terminated for misconduct or that you quit voluntarily. Since they're challenging your benefits, they need to prove their case - you just need to respond to their claims and show you were a good employee who lost their job through no fault of your own. You've got this! Most people who prepare like you're doing win their appeals.

I've been through multiple EDD appeal hearings and one thing that really helped me was creating a simple one-page summary of the key facts to refer to during the hearing. Include things like your hire date, job duties, last day worked, and timeline of events. The judge appreciates when you can quickly reference specific dates and details without fumbling around. Also, don't be surprised if your employer tries to bring up unrelated issues or old complaints to muddy the waters. Stay focused on the specific reason for separation - in your case, the client termination that eliminated your position. If they start bringing up irrelevant stuff, the judge will usually redirect them back to what matters. One more thing - if your employer claims you were fired for cause, they need to show they followed progressive discipline (warnings, write-ups, etc.) and that you were aware your job was in jeopardy. The fact that you had no formal termination paperwork and were never told about performance issues actually works strongly in your favor. You sound well-prepared. The judges are experienced with these situations and can usually spot when an employer is being vindictive versus having legitimate cause for termination.

One thing I haven't seen mentioned yet is that you should request a copy of your personnel file from your employer before the hearing if you haven't already. In California, they're required to provide it within 30 days of your request. This could reveal any documentation (or lack thereof) about your performance and the termination decision. Also, since you mentioned this involves a client with disabilities, make sure you're clear about whether you were employed directly by the agency/company or if you were contracted through a regional center program. The employment classification matters for benefit eligibility, and sometimes these arrangements can be more complex than they appear. If possible, try to get a brief statement from someone at the regional center confirming that services were terminated by your employer, not due to any issues with your care or performance. Even a simple email confirmation could be valuable evidence. The fact that you found out about losing your job by calling the regional center rather than being notified by your employer is actually strong evidence that this wasn't a typical termination for cause. Document that timeline clearly - when you last worked, when you attempted to contact your employer, and when you discovered through the regional center that services had ended.