EDD appeal hearing by phone - Does ex-employer have to attend? What if they don't show?
I have my EDD appeal hearing coming up next Friday (by telephone) and I'm super anxious about the whole process. My claim was denied because my former employer claimed I was terminated for misconduct, but that's absolutely not true. I was laid off due to department restructuring! My question is: Is my former employer required to attend this phone hearing too? And what happens if they don't bother showing up? Does that automatically mean I win my appeal or could the judge still rule against me even if they're not there to present their side? This is my first time going through an appeal and I'm trying to prepare as much as possible. Will the judge just take their written statement as gospel if they don't actually call in? Any insight from someone who's been through this process would be really helpful!
17 comments
Jamal Anderson
Yes, your former employer is supposed to attend the phone hearing. If they don't show up, it typically works in your favor, but it doesn't guarantee you'll win automatically. The judge will make their decision based on the evidence that IS presented, which would mainly be your testimony and any documentation you provide. Bring all your documentation proving the layoff was due to restructuring - any emails, termination letters, etc. Have your dates of employment ready, and be prepared to explain exactly what happened in a clear, concise way. When I had my hearing last year, my employer didn't show up and I won my appeal. Just make sure you call in on time and are prepared to tell your side professionally without getting emotional.
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QuantumQuest
•Thank you! That's really helpful. I do have the termination letter that mentions "organizational restructuring" so I'll definitely have that ready. Did you have to mail in your evidence beforehand or can you just reference it during the call?
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Mei Zhang
when i had my hearing the employer didnt show up either and the judge was like "since the employer isnt here to provide evidence for their claim of misconduct, im ruling in favor of the claimant" took like 20 mins total. good luck!
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Liam McGuire
•Not always true! My cousin's employer didn't show up but they had submitted really detailed documentation beforehand so the judge still ruled against him. Everything depends on what evidence is already in your EDD file. Don't get overconfident.
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Amara Eze
I HAD THE SAME THING HAPPEN TO ME!!! My boss claimed I was fired for being late all the time but I had PROOF I was laid off with 5 other people!!! The judge said my employer HAD to attend but they NEVER SHOWED UP!!!! I got approved for benefits and got all my backpay too. Just be respectful to the judge and answer the questions directly. GOOD LUCK!!!
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Giovanni Ricci
•This forum is a godsend. I've been worried about my upcoming appeal hearing too. Did you receive any paperwork before the hearing about what to expect? I got a packet but it's super confusing and full of legal terms I don't understand.
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NeonNomad
According to EDD guidelines, your employer is expected to attend the appeal hearing, as they are the party that provided the information that led to your disqualification. If they don't appear, the Administrative Law Judge (ALJ) will proceed with the hearing based on available evidence. Here's what typically happens if they don't show: 1. The judge will note their absence for the record 2. You'll still need to present your case and evidence 3. The judge will consider any written statements or documentation your employer previously submitted to EDD 4. Without your employer there to refute your testimony, your statements will generally carry more weight While an employer no-show often benefits the claimant, it's not an automatic win. The judge must still find that you were eligible for benefits based on the evidence presented. Make sure to submit any relevant documentation before the hearing and be prepared to clearly explain your separation from employment. I'd recommend reviewing the Appeal Hearing information on the EDD website and preparing a timeline of events to reference during your hearing.
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QuantumQuest
•Thanks for the detailed explanation. I'll definitely prepare a timeline and gather all my evidence. One more question - approximately how long does it usually take to get the judge's decision after the hearing?
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Fatima Al-Hashemi
my hearing was supposed to be about misconduct too but it turned into this whole thing about whether i had properly searched for work during my claim period which wasn't even what the appeal was about! so be prepared for random questions that might not seem relevant at first. oh and my boss didn't show up either lol
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Dylan Mitchell
I had a hearing in February where my employer claimed I quit voluntarily when I was actually laid off. I couldn't get through to EDD for weeks to clarify what documentation I needed to submit before the hearing. Finally used a service called Claimyr (claimyr.com) that 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 explained exactly what evidence I needed to submit and how to prepare. My employer didn't show up to the hearing, and the judge ruled in my favor. Got over $5,600 in backpay within 10 days. Definitely worth preparing properly before your hearing!
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QuantumQuest
•Thanks for the tip! I've been trying to reach EDD for clarification on a few things but keep hitting the "maximum callers" message. I'll check out that service.
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Liam McGuire
To directly answer your question: Yes, your employer should attend, but no, their absence doesn't guarantee a win. Here's why: The burden of proof is on your employer to demonstrate misconduct, so their no-show significantly weakens their case. However, if they've already submitted substantial written evidence that convinced EDD initially, the judge will still consider that evidence. In my experience as someone who's helped several people through appeals, about 80% of cases where the employer doesn't show result in the claimant winning - but that remaining 20% can be heartbreaking if you're not prepared. Make sure you: 1. Submit ALL evidence at least 24 hours before the hearing 2. Prepare a 2-3 minute opening statement explaining the facts of your separation 3. Have your termination letter, performance reviews, and any communication about the restructuring ready 4. Practice answering questions about your separation without becoming defensive The judge will typically render a decision within 7-14 days after the hearing.
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Mei Zhang
•wait you can submit evidence before the hearing? how do you do that? i thought you just talked about it during the call
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Sofia Martinez
I had my EDD appeal hearing last month after being denied initially. My employer did show up (uggh) and tried to claim I was fired for violating company policy. I was so nervous I could barely speak clearly! But I had documentation proving I'd never been written up or warned about any policy violations. The judge was actually really fair and asked clarifying questions to both sides. I got my decision letter about 10 days later saying I was eligible for benefits. From talking to others who've gone through this, it seems like if your employer doesn't show up, the judge often rules in your favor, but not always. Make sure you call in 5 minutes early for the hearing! My friend was late to hers and the judge had already moved on to the next case.
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QuantumQuest
•Thanks for sharing your experience! Did you have a lawyer or did you represent yourself? I'm wondering if I need to hire someone.
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Jamal Anderson
To answer your follow-up question about evidence: Yes, you should submit copies of all your evidence to the Appeals Board before your hearing. The notice you received should include instructions on how to do this. Generally, you can email, fax, or mail copies of your documents. Make sure you also have copies for yourself to reference during the call. Judges typically receive decisions within 7-14 days, though some complex cases might take longer. You'll receive the written decision in the mail. As for needing a lawyer - most people represent themselves successfully in these hearings. The process is designed to be accessible without legal representation. However, if your case involves complex legal issues or significant backpay amounts, you might consider at least consulting with an employment attorney.
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QuantumQuest
•Thank you again! This is really helpful information. I'll gather my evidence and submit it before the hearing. I think I'll represent myself since it seems pretty straightforward, especially if they don't show up.
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