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

My employer is challenging my unemployment benefits and I just got a notice about an appeal hearing. I'm super nervous and have no idea what to expect. My situation is complicated - I was essentially let go when my boss terminated services with a client I was assigned to (who happens to be a relative with disabilities). There was zero communication about why the client was dropped, and I never received any formal termination paperwork. This happened back in January, and I only found out I no longer had a job when I called the regional center to figure out what was going on. I believe the termination was personal since my boss has issues with my family, but my work performance was never questioned. Can anyone share what these EDD appeal hearings are like? What questions will they ask me? What documentation should I prepare? I'm worried that my lack of formal termination paperwork will hurt my case. Any advice from someone who's been through this would be incredibly helpful!

Harold Oh

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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.

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Payton Black

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Thank you so much for this detailed response! Do you think it will hurt my case that I don't have any formal termination paperwork? And should I mention that the client was a family member or would that complicate things?

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Amun-Ra Azra

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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

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Payton Black

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Thanks for the reassurance! I'll definitely write down all the dates. Were you nervous during your hearing? Did the judge seem fair?

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Summer Green

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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.

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Payton Black

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That's really helpful to know about the termination paperwork - I was thinking it would work against me. I did actually text her asking if there were other clients I could work with since my availability was open, but she never responded. I'll make sure to bring evidence of that.

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Gael Robinson

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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!!

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Payton Black

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Thank you! That's encouraging to hear. I'm trying to separate the personal stuff from the employment facts, but it's hard when they seem so connected in my situation.

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Edward McBride

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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.

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Payton Black

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Thanks for the tips! I was a W2 employee with regular scheduled hours. I'll definitely prepare copies of everything and stay calm during the hearing. Did your employer bring up any surprising arguments during your hearing that caught you off guard?

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Darcy Moore

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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.

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Payton Black

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I've been trying to call EDD with questions too but keep getting disconnected! Thanks for the tip about Claimyr - I'll check out that video. I'd feel so much better if I could actually talk to someone at EDD before my hearing.

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Dana Doyle

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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

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Harold Oh

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While family connection isn't a protected class for discrimination claims, the OP might have a wrongful termination case if they can prove the termination was without cause and proper notice. But that's separate from the EDD appeal, which just focuses on benefit eligibility.

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Summer Green

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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.

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Payton Black

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That's a great point about them possibly not showing up - I hadn't considered that. And I'll definitely prepare an opening statement. Do they record these hearings? Should I take notes during it?

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Liam Duke

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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.

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Payton Black

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Thanks for the encouragement! I didn't even think about their UI insurance rates being a motivation. That makes sense why they'd fight it even though my position was clearly eliminated.

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Harold Oh

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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.

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Payton Black

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That's really helpful to know about the timeline for the decision. I don't think I'll have witnesses, but I do have texts from coworkers expressing surprise about the client termination. Would screenshots of those be useful?

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