EDD appeal hearing question - does my ex-employer show up at the judge meeting?

Yes, your former employer will almost certainly be on the call too. The Administrative Law Judge (ALJ) conducts these hearings with both parties present so they can hear both sides of the story. You'll each have a chance to present your case and provide evidence. I had my appeal hearing last year and won after initially being disqualified. Here's what helped me: 1. Gather any documentation showing you were laid off due to downsizing (emails, termination letter, etc.) 2. Prepare a clear timeline of events 3. Be ready to calmly explain your side without getting emotional 4. If other employees were also laid off at the same time, note that in your testimony The judge will ask you questions and then your employer questions. Then you'll each have a chance to respond to what the other person said. Be honest, stick to facts, and don't interrupt when others are speaking.

Yep ur old boss will definitely be there. thats the whole point cuz they need to figure out who's telling the truth. my hearing was super stressful ngl. my manager kept interupting me and the judge had to tell him to stop like 3 times lol

Yes, both you and your employer will be at the hearing. These are called "de novo" hearings, which means the judge is looking at your case fresh without considering EDD's prior determination. I'm an employment attorney, and I've helped many clients through these hearings. Here's what you should know: 1. The appeal hearing typically lasts 30-45 minutes 2. The burden of proof is on your employer to prove misconduct (not on you) 3. "Misconduct" has a specific legal definition for UI purposes - it must be a deliberate disregard of the employer's interests 4. A simple downsizing or even poor performance is NOT misconduct Prepare by collecting any documentation showing the real reason for termination. If you have coworkers who were also laid off in the same downsizing, their testimony could be valuable. The judge will mail you their decision within 1-2 weeks after the hearing.

I went through this nightmare last year and spent WEEKS trying to get through to EDD for clarification before my hearing. Literally called 30+ times a day for days and kept getting hung up on by their stupid system saying "we're experiencing high call volume" 🤬 Finally I found this service called Claimyr (claimyr.com) that got me through to an actual EDD rep in under 20 minutes! They have this system that keeps dialing for you and puts you in the queue. Totally saved me when I needed to ask questions before my hearing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km And yes, my employer was on my hearing call and tried to say I was fired for being late, when really they eliminated my entire department. I won my appeal because I had documentation proving the department closure.

My hearing was BRUTAL!!!! My ex boss brought their HR person AND a lawyer!!! I was all alone and they ganged up on me. Judge let them talk for like 20 minutes and I only got 5 minutes! System is RIGGED!!!

I had my appeal hearing 3 months ago. My ex-boss was definitely there but he actually messed up their case by contradicting himself multiple times. The judge picked up on this and I ended up winning my appeal! One thing no one mentioned yet - you can request a postponement if you need more time to prepare. Just call the appeals office number on your hearing notice. Also, even though it's a phone hearing, treat it like you're in court - be super respectful, don't interrupt, and refer to the judge as "Your Honor."

my friend had her appeal last month and her boss didnt show up so she automatically won! guess it depends if they care enough to fight it

One more important tip - make sure you're in a quiet place with good phone reception for your hearing call. If you have a headset or earbuds with a microphone, use them. I've seen cases where people were driving or in noisy places during their hearing, and it made a terrible impression on the judge. Also, don't be surprised if the hearing starts late. The judges often schedule several hearings back-to-back, and if earlier ones run long, yours might start 15-30 minutes after the scheduled time. Just be patient and stay by your phone.