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EDD appeal hearing next week - what documents should I bring as evidence?

I just got my notice for an appeal hearing scheduled for next Thursday. My claim was denied because EDD said I didn't provide sufficient proof of my work history at my last job where I worked for only 4 months before being let go. Now I'm freaking out about what exactly I need to bring to this hearing! The letter mentions 'relevant documentation' but doesn't specify what counts. I have some pay stubs, my termination letter, and a few text messages with my manager. Is that enough? Has anyone here been through an appeal hearing successfully? What kind of evidence made the difference for you? I'm so nervous I'm going to mess this up and lose out on the $8,750 in benefits they denied me.

Adrian Connor

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I won my appeal last year! Bring EVERYTHING you possibly can related to your employment. The judge will decide what's relevant. In my case, I brought: - ALL pay stubs (not just a few) - Official termination letter - Employee handbook showing company policies - Performance reviews (if you have any) - Any written communication about your termination - Timesheets if you have them - Employment contract or offer letter showing start date The more documentation you have, the better. The administrative law judge in my hearing was actually pretty nice, but they need EVIDENCE to overturn EDD's decision.

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Mikayla Davison

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Thank you!!! This is super helpful. I don't have the employee handbook anymore but I think I still have the original offer letter in my email somewhere. Do you think emails count as much as official documents? Also did you have to speak a lot during the hearing or just present your evidence?

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Aisha Jackson

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my bro had his appeal and lost becuz he didnt have enough proof. make sure u bring tax docs too like w2s and stuff. they r super strict about work history stuff

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Mikayla Davison

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Oh no, that's what I'm afraid of! I do have my W2 from last year but since I only worked there for 4 months this year before getting fired, I don't have this year's tax documents yet. Do you know if bank statements showing deposits from the employer would help?

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I'm an employment counselor and have helped several clients through EDD appeals. For work history verification, the Administrative Law Judge (ALJ) will be looking for documentation that establishes: 1. Your exact employment dates 2. Your earnings during the base period 3. The reason for separation (especially important) In addition to what others mentioned, bring: - Bank statements showing regular deposits from employer - Any correspondence regarding your termination - Names and contact information of witnesses who can verify your employment - A written timeline of events leading to your termination Organize everything chronologically in a folder with tabs or labels. Make three copies of everything - one for you, one for the judge, and one for the EDD representative who may attend. The most crucial thing is documentation supporting WHY you were terminated, as this directly impacts eligibility. If you were terminated without misconduct, make sure that's clear in your evidence.

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Mikayla Davison

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This is exactly what I needed to know! I'm going to start putting together my folder tonight. One more question - my termination letter just says I was let go during my probationary period, which is technically true, but my manager verbally told me it was due to budget cuts. Should I explain this during the hearing?

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Lilly Curtis

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Am going through same thing right now!!!!! My appeal is next month and I'm STRESSING OUT!!! EDD is so frustrating sometimes I swear they deny people for no reason just hoping we won't fight back. Good luck with your hearing!!

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Mikayla Davison

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Thanks! Good luck with yours too! This whole process is so stressful.

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Leo Simmons

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I was denied initially but won on appeal. The MOST IMPORTANT THING is to answer the judge's questions directly and honestly. Don't ramble or get emotional (I made that mistake initially and the judge got annoyed). Besides documents, prepare a 2-3 minute statement explaining your case clearly. Practice it! But then be ready to abandon it and just answer questions. Also, EDD is impossible to reach by phone if you have questions before your hearing. I spent DAYS trying to get through to someone about my appeal with no luck. Finally used Claimyr (claimyr.com) and got connected to an EDD rep in about 20 minutes who answered all my pre-hearing questions. They have a demo video on how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it to get my questions answered before walking into the hearing.

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Lindsey Fry

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I second this! The judge in my hearing got visibly irritated when I kept giving long explanations. They prefer direct answers to their specific questions. And yes, trying to reach EDD to ask about appeal procedures is nearly impossible through normal channels.

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Saleem Vaziri

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One thing nobody has mentioned yet is that you need to dress professionally for your hearing, whether it's in-person or via Zoom. First impressions matter A LOT in these proceedings. Also, arrive at least 30 minutes early if it's in-person. Regarding documentation: bring proof of your job search efforts since being terminated. While this doesn't directly address your work history issue, it shows you're complying with EDD requirements and acting in good faith. During the hearing: - Address the judge as "Your Honor" - Don't interrupt when others are speaking - Have a notepad to write down points you want to address - Stay calm even if the EDD representative makes statements you disagree with You'll have a chance to respond to everything.

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Mikayla Davison

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Thank you! The hearing is in-person, so I'll definitely dress professionally. Do I need to bring my job search records even though my denial was about work history and not job search requirements? I've been keeping track of applications but haven't organized them well.

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Lilly Curtis

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quick question - did u get a chance to review ur case file before the hearing? i heard ur supposed to be able to see what EDD is using against u

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Yes, you have the right to review your appeal file before the hearing. Contact the Office of Appeals (number should be on your hearing notice) and request to review your file. You can also request that they send you a copy. Do this ASAP as it can take time to process the request.

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Adrian Connor

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One more tip based on my experience - if you have any text messages or emails from your employer about your termination being due to budget cuts (like you mentioned), DEFINITELY bring those! That was actually the evidence that won my case. The judge specifically commented that the contemporaneous messages were more convincing than the generic termination letter. Print them out clearly with the dates visible. Also, after my hearing, it took about 10 days to get the decision in the mail. Try not to stress during that waiting period (I know, easier said than done).

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Mikayla Davison

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That's really good to know! I have a text from my manager saying "Sorry about letting you go, the budget cuts hit us hard this quarter" - I'll definitely print that out. Did they ask you questions about why you didn't include certain evidence during the initial claim process?

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Lindsey Fry

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My hearing got rescheduled twice and I was so frustrated! Make sure you call to confirm your hearing the day before just to be 100% certain it's still happening. And keep checking your mail since sometimes they send updates or requests for additional info before the hearing. EDD's communication is TERRIBLE.

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Aisha Jackson

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omg this happened to my cousin too!!! showed up for hearing and nobody was there, then got a letter saying it was moved to next week. edd is such a mess

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To follow up on my earlier advice: regarding your question about verbal communications with your manager about budget cuts - YES, absolutely mention this at the hearing. While documents are preferred, your testimony is also evidence. The judge will likely ask you directly about the reason for separation. That's when you should explain that while the termination letter cites the probationary period (which is often just legal protection for the employer), your manager verbally informed you it was due to budget cuts. If you have any witnesses who heard this conversation, their testimony would be valuable. Being laid off due to budget cuts is generally considered a qualifying separation for unemployment benefits, as it's not misconduct or a voluntary quit. This could be the key to winning your appeal.

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Mikayla Davison

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Thank you so much for all this information. I feel much more prepared now. I'm going to spend the weekend gathering everything and organizing it all in a folder with labels like you suggested. I appreciate everyone's help!

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