< Back to California Unemployment

EDD appeal hearing by phone in 2 weeks - how to prepare for unemployment judge?

Freaking out a little! Just received notice that my EDD appeal hearing is scheduled for March 14th (telephone hearing). This is after getting disqualified for supposedly "voluntarily quitting" my restaurant job when in reality the manager cut my hours down to practically nothing until I couldn't afford to keep showing up. The paperwork says a judge will be on the call?! I've never done anything like this before and have no idea what to expect or how to prepare. Do I need to have a lawyer? What kind of evidence should I gather? Will they be recording the call? The notice has all these rules about witnesses and stuff, but I'm just a regular person trying to get my benefits. Anyone gone through this process recently who can walk me through what happens during these phone hearings?

I had my appeal hearing last month for a similar situation. Here's what to expect: 1. Yes, an Administrative Law Judge (ALJ) conducts the hearing. Don't worry - it's formal but not like a court trial. 2. EVIDENCE IS CRITICAL: Gather your work schedule showing the reduction in hours, any text messages/emails with your manager about hours, and your final paystubs showing the decrease. Submit these BEFORE the hearing using the instructions on your notice. 3. PREPARE YOUR STATEMENT: Write down key points about how your hours were reduced and why it made continued employment impossible (constructive discharge). Practice explaining this clearly. 4. The hearing follows a structure: judge introduction, swearing in, employer testimony, your testimony, questions, closing statements. Typically lasts 30-45 minutes. 5. You don't need a lawyer, but you need to be organized and stick to facts. When I presented my documented evidence of similar circumstances, the judge ruled in my favor. The most important thing is having documentation that proves your hours were reduced to the point where continued employment wasn't reasonable. This is considered "good cause" for leaving a job.

0 coins

Thank you SO much for this detailed breakdown! I've got texts where my manager told me "don't come in this week, we're overstaffed" for like 3 weeks straight. And I have my paystubs showing how my hours went from 30+ to like 8 per week. I'll definitely gather all that stuff. One more question - did your former employer actually show up on the call? I'm worried about having to argue with my old boss in real time.

0 coins

i had my edd appeal last summer and won but it wasnt for quitting it was for being fired. the judge was actually pretty chill tbh. one tip nobody told me is to have water with you cause you'll be talking alot and getting nervous makes your mouth dry af. also write down ALL your points cause i forgot to mention some important stuff and almost regretted it

0 coins

Good call on the water! Didn't even think about that. I'm definitely going to write down EVERYTHING so I don't miss any important points. Did you feel like you had enough time to explain your side of things?

0 coins

Having handled numerous EDD appeals, I can tell you that constructive discharge cases (where hours are severely reduced forcing an employee to quit) often succeed if properly documented. The key is demonstrating that your hours were reduced to such an extent that it constituted a "substantial change in working conditions." A few technical points about the telephone hearing process: 1. Yes, the call is recorded and becomes part of the official record 2. The ALJ will send you a packet explaining the evidence they've received 3. You must submit any additional evidence at least 10 days before the hearing 4. You can request witnesses but must arrange for them to be available during your scheduled time 5. The judge will typically render a decision within 7-10 days by mail One crucial element: Make sure to clearly articulate that you attempted to resolve the situation with your employer before quitting. The judge will want to know you took reasonable steps to preserve your employment before leaving.

0 coins

This is SO RIGHT. EDD basically wants to know that you didnt just walk away without trying to fix things first. In my case I brought up how I asked my manager for more hours multiple times!

0 coins

The EDD hearing system is RIDICULOUS. I waited 4 months for my appeal and then the employer didn't even show up!!! The judge still grilled me for 40 minutes like I was on trial for murder. Make sure you have EVERYTHING documented because they will pick apart every little detail. And don't expect fairness - the whole system is designed to deny benefits and save the state money. Sorry to be negative but that was my experience. Maybe yours will be better but don't count on it.

0 coins

Ugh, that sounds awful! I'm sorry you had such a bad experience. I'm definitely worried about the whole thing. Did you eventually win your appeal at least?

0 coins

Yeah I won but it took another 3 weeks to get the decision and then ANOTHER 2 weeks for payments to start. So even winning doesn't mean quick results. It's just ridiculous how they treat people who are already struggling financially.

0 coins

has anyone tried using Claimyr to talk to an EDD rep before there appeal? i'm wondering if talking to someone at EDD directly might help me better understand what to expect or even resolve it before the hearing

0 coins

I used Claimyr before my appeal and it definitely helped! I was getting the "max callers reached" message for days but Claimyr got me through to a tier 2 specialist who explained exactly what documents the judge would be reviewing. They couldn't change the appeal date or anything but at least I knew what I was walking into. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It saved me hours of redialing, that's for sure.

0 coins

That's actually a really good idea. I tried calling EDD yesterday and couldn't get through at all. Might check this service out because I have a ton of specific questions about my case.

0 coins

Deep breath - you've got this! I was terrified before my appeal hearing last year, but it was much more straightforward than I expected. Judges typically handle 8-10 cases per day and are used to talking with regular folks without legal training. Some practical tips that helped me win my appeal: • Keep a copy of your appeal letter and all documents in front of you • Tell your story chronologically - start with when you were hired, when hours changed, what you did about it, and why you finally had to leave • Be polite but assertive if the employer misrepresents facts • Have your calendar open to reference specific dates when asked • Take notes during the employer's testimony so you can address any inaccuracies • Mention financial hardship caused by reduced hours specifically Most importantly: Practice explaining your situation clearly in 2-3 minutes. The more concise and organized you are, the better impression you'll make. In my experience, judges are fair if you have evidence backing your claims. Good luck!

0 coins

Thank you for the pep talk! I really needed that. I like the idea of practicing a 2-3 minute explanation - that makes it feel more manageable. And having everything organized chronologically makes a lot of sense. Did you find that your employer disputed your version of events during your hearing?

0 coins

Yes, my former employer tried claiming they offered me "alternative hours" but couldn't provide any documentation. The judge specifically asked them for evidence, and when they couldn't produce any, it strengthened my case. That's why having your own documentation is so important - texts, emails, paystubs all speak louder than verbal claims. The judge seemed to appreciate that I had everything dated and organized.

0 coins

make sure u dress nice for the hearing!!! u want to look profesional

0 coins

It's a telephone hearing, so appearance won't matter in this case. But maintaining a professional tone is definitely important!

0 coins

omg lol i didnt read that part 🤦‍♀️ but still acting profesional on the phone is important!!

0 coins

something nobody told me is that u can request a copy of your employers response before the hearing!!! call edd and ask for it so u know what theyre gonna say

0 coins

This is correct. Under California Unemployment Insurance Code Section 1952, you have the right to examine your appeal file before the hearing. The packet you receive should include the employer's response, but if it doesn't, you can contact the Appeals Board office listed on your hearing notice to request it. Knowing what arguments your employer is making in advance helps you prepare appropriate counterpoints.

0 coins

Thank you everyone for all the advice! I feel much more prepared now. I've started gathering my evidence - found texts from my manager cancelling my shifts, paystubs showing my hours dropping from 30+ to under 10 per week, and even a text where I specifically asked for more hours and was told they "didn't have enough business right now." I've also started writing out my timeline and practicing explaining my situation clearly. I'll definitely request my employer's response too, that's a great tip! I'll update this thread after my hearing to let everyone know how it went. Fingers crossed!

0 coins

It sounds like you have excellent documentation! Those text messages specifically asking for more hours will be very helpful. The key element in constructive discharge cases is proving that: 1) Your working conditions substantially changed (hours severely reduced) and 2) You made reasonable efforts to resolve the situation before leaving. You appear to have evidence for both points, which puts you in a strong position. Wishing you the best of luck!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,622 users helped today