EDD appeal hearing next week - employer changed their story about why I left!

This actually happens quite often, and it's usually good news for you. When employers change their story between the initial claim and the appeal hearing, it damages their credibility with the Administrative Law Judge (ALJ). Make sure you bring 3 copies of EVERYTHING - your termination letter, all emails about your position being eliminated, and those text messages with your supervisor. The ALJ will want one copy, your employer gets one, and you keep one. During the hearing, stay calm and stick to the facts. When your employer presents their new reason, simply state that this contradicts their original statement to EDD and then present your evidence of the restructuring. The inconsistency alone often tips appeals in the claimant's favor.

my boss did the SAME EXACT THING to me!!!! first they said i was fired for being late (i was late TWICE in 6 months btw) and then at the appeal they tried saying i was fired for stealing which was a COMPLETE LIE!!! i won my appeal because they couldnt keep there story straight and had ZERO proof. just bring all your evidence and dont get emotional even when they lie right to your face!!!

I went through this last year. Here's exactly what you need to do to prepare: 1. Write out a timeline of events related to your termination (dates are crucial) 2. Practice explaining your side in 2-3 minutes - judges appreciate conciseness 3. Organize your evidence in chronological order with labeled tabs 4. Dress professionally as if for a job interview 5. Address the judge as "Your Honor" or "Judge [name]" 6. Bring a notepad to jot down points when the employer is speaking Most importantly, when they present their new story about "personal issues," calmly state: "That contradicts both their initial statement to EDD and the official termination documentation I've provided." Then let your evidence speak for itself. In my case, my employer changed their story twice, and the judge specifically mentioned this inconsistency when ruling in my favor.

Is your hearing phone or in person? Mine was phone and it was super awkward cause everyone kept talking over each other. If its phone make sure your in a quiet place with good reception!

I had almost the exact situation last spring! My employer first claimed I quit to go back to school (completely false), then at the appeal hearing, they switched to saying I was terminated for performance issues. The judge was NOT impressed with their inconsistency. One thing I wish I'd known - these judges handle dozens of cases and can spot employer BS from a mile away. They're very familiar with companies that try to avoid UI claims by misrepresenting separations. Be sure to clearly state: "I did not quit. I was laid off due to restructuring as documented in my termination letter dated [date]." Then when they bring up their new story about personal issues, you can simply say: "That is incorrect and contradicts both their previous statement to EDD and my termination documentation." Focus on proving you didn't quit rather than getting caught up in defending against their changing accusations.

Also important - make sure to review the Appeal Procedures section of your hearing notice. You have the right to question your former employer during the hearing (and they can question you). Prepare a few key questions that highlight the inconsistency: 1. "On [date], did you report to EDD that I voluntarily quit to take another job?" 2. "Can you explain why the company's position has changed from that statement?" 3. "Can you explain why the termination letter states 'position eliminated due to restructuring' if you're now claiming I quit due to personal issues?" Let them trip over their own inconsistencies.

Have u been trying to call EDD to check on the status of your benefits while the appeal is pending? I had a similar situation and was able to get partial payments while waiting for my appeal hearing by explaining my situation to a tier 2 specialist. Took FOREVER to reach someone tho!

If you're struggling to reach EDD before your hearing, try using Claimyr (claimyr.com). It helped me get through to an EDD rep when I was in a similar situation with my appeal. They have a system that basically waits on hold for you and calls you back when an agent is available. Saved me hours of frustration hitting redial. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km I was able to talk to a tier 2 specialist who explained what benefits I could receive while my appeal was pending. This was crucial since my appeal took almost 6 weeks to resolve.

Regarding your appeal strategy: When the employer presents contradicting information, the burden shifts to them to prove their case. That's why documentation is so critical. One more tip - I recommend creating a one-page summary document with bullet points of key facts and dates to give to the judge at the beginning. Include: - Date of hire - Date of termination - Exact reason stated on termination letter (quote it) - Date you filed for unemployment - Date/details of initial disqualification - Summary of why the employer's changing story lacks credibility Make it professional and stick to facts only - judges appreciate organization and clarity.

One thing to watch out for - they might try to say you had "personal issues with management" but twist it to claim you essentially abandoned your job or became insubordinate. I've seen employers try this tactic to transform a layoff into misconduct or voluntary quit. If they start going this route, immediately clarify that you followed all company policies and procedures until your final day, and that any disagreements were professional in nature and did not affect your work performance. Then refer back to your termination letter that clearly states "restructuring" as the reason. The fact that they've already changed their story once makes this second version much less credible. The judge will see through it.