EDD appeal hearing this Monday - childcare issues & need quick tips
My EDD appeal hearing is scheduled for this Monday over the phone, and I'm seriously starting to panic. I got disqualified after my employer claimed I quit (I was actually laid off due to downsizing but my manager reported it differently). I have a 3-year-old daughter and my usual childcare fell through for that day. I'm worried she'll be screaming or interrupting during the call and it'll mess up my whole case. The hearing is scheduled for 10:30am and could last up to 2 hours according to the notice. Does anyone know if these hearings usually take the full time? And is it super formal or can I maybe have my daughter coloring nearby? Also, any advice for what to say/not say during an appeal hearing would be REALLY appreciated! This is my first time dealing with something like this and I'm so nervous I'll say something wrong and lose my benefits permanently.
16 comments
Mei Liu
I had my appeal hearing last month and it only lasted about 45 minutes, not the full 2 hours they schedule. But it really depends on how complicated your case is and how many witnesses they need to talk to. Since yours involves a dispute about whether you quit or were laid off, they'll probably want to hear from both you AND your employer, which could take longer. As for the formality - it is pretty official. The Administrative Law Judge (ALJ) will swear you in and everything is recorded. You'll want to be in a quiet place if possible. Can you maybe ask a neighbor or friend to watch your daughter for just that morning? Or see if you can reschedule the hearing? My biggest advice: stick to the facts, don't get emotional, and have documentation ready to support your case (emails about the layoff, severance papers, anything that shows you didn't voluntarily quit). Good luck!
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AstroAdventurer
•Thank you so much for this info! I've been trying to find someone to watch her but everyone I know works during the day. I might try calling my sister again even though she lives 45 minutes away. I do have some emails talking about the company restructuring that I saved, so that's good to know I should have those ready. Did they ask you a lot of questions or do you mostly just explain your side?
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Liam O'Sullivan
If you absolutely can't find childcare, call the Appeals Office ASAP and explain your situation. They might be able to reschedule your hearing. The number should be on your hearing notice. Sometimes they're understanding about these things, especially childcare issues. For the hearing itself: 1. Be ready to clearly explain why you believe you were laid off rather than quitting 2. Have any documentation organized and numbered (they may ask you to refer to specific pages) 3. Take notes during the hearing, especially if your employer says something that isn't true 4. Answer questions directly - don't ramble or go off-topic 5. If you don't understand a question, ask for clarification 6. Stay calm and professional even if your employer says things you disagree with I went through this last year when my employer incorrectly reported that I abandoned my job when actually they reduced my hours to zero. I won my appeal, so hang in there!
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AstroAdventurer
•This is SO helpful, thank you! I'll definitely call them tomorrow morning to see if rescheduling is possible. I like the idea of numbering my documents - I have emails, a company-wide announcement about restructuring, and my final paycheck stub that says "layoff" on it. I'm going to organize everything tonight. Congratulations on winning your appeal - that gives me hope!
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Amara Chukwu
my hearing took almost 2 hours so plan for the worst. the judge interrupted me alot and my old boss kept lying. it was really stressful but i still won becuz they didnt have proof i was late all those times. if ur kid makes noise just apologize quick and keep going. they know people have kids
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Giovanni Conti
•This is actually really bad advice. Judges expect professionalism during these hearings, and interruptions can seriously hurt your case. I've represented several clients in EDD appeals, and preparation and presentation matter a lot. The judge may seem understanding about a child interrupting, but it creates a poor impression and can affect their perception of your testimony. OP, please try everything possible to ensure a quiet environment. Your appeal is too important to risk complications from background noise or interruptions.
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Fatima Al-Hashimi
Have you tried calling EDD to ask if you can reschedule? I had to do that once for a doctor's appointment and they were actually pretty nice about it. Just make sure you call RIGHT AWAY don't wait til last minute.
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NeonNova
•Good luck getting through to EDD on the phone! I spent THREE WEEKS trying to reach them about my claim issues. Always got the "we're experiencing high call volume" message and then disconnected. The only way I finally got through was using Claimyr (claimyr.com). They have this system that keeps dialing for you until it gets through, then calls you when an agent is on the line. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Definitely worth it when you need to get through quickly for time-sensitive stuff like rescheduling an appeal hearing.
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Dylan Campbell
I went through an appeal last year with EDD. Here's what helped me win: 1. Timeline - Create a clear chronological timeline of events leading to your separation from employment. Judges appreciate organization. 2. Evidence - Provide documentation contradicting your employer's claim that you quit. Emails, texts, performance reviews, witness statements from coworkers, etc. 3. Rehearse - Practice explaining your situation concisely. The judge will interrupt with questions, so be prepared to adapt. 4. Specifics - Use specific dates, names, and details when testifying. "Around March" is less convincing than "March 15th." 5. Stay on point - Stick to facts relevant to whether you quit or were laid off. Avoid complaining about the company or your supervisor generally. Regarding childcare - maybe set your daughter up with a movie on headphones? Even with that, I strongly recommend trying to find someone to watch her. The hearing environment significantly impacts the judge's perception of your credibility.
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AstroAdventurer
•This is incredibly helpful, especially the tip about making a timeline. I'm creating one right now with all the key dates. My sister just texted that she can come watch my daughter, so that's a huge relief! I'm going to spend the weekend rehearsing my explanation and organizing my evidence. Did your employer participate in your hearing? I'm worried about what my manager might say.
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Giovanni Conti
One important thing no one has mentioned yet - if you win your appeal, be prepared for potential delays in receiving your back benefits. EDD is supposed to process payment within 10 days after an appeal decision, but I've seen it take 3-4 weeks sometimes. You may need to contact them to follow up if you don't see the payment appear in your account. Also, when the judge asks why you believe you were laid off rather than having quit, be very specific about the communication you received. Was there a formal layoff notice? Did your manager specifically tell you it was a layoff? These details matter significantly in these cases. Lastly, some judges will ask hypothetical questions like "If they had offered you reduced hours instead of laying you off, would you have accepted?" Be careful with these - they're trying to determine if you had any willingness to continue employment. The best approach is honesty while emphasizing your desire to remain employed.
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AstroAdventurer
•This is super helpful - especially about those hypothetical questions! I absolutely would have accepted reduced hours rather than losing my job completely, so I'll make sure to emphasize that. My manager actually did tell our whole team it was a layoff during the meeting, but then apparently reported something different to HR. I have a coworker who was also laid off who might be willing to provide a statement - would that help?
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Fatima Al-Hashimi
My appeal was an absolute disaster and I lost because I wasn't prepared enough. Don't make my mistake! Make sure you understand the exact reason they disqualified you and address that specifically.
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Liam O'Sullivan
•This is an important point. Your Notice of Determination should state the specific section of the unemployment insurance code they used to disqualify you. For voluntary quit cases, it's usually Section 1256. Make sure you understand what you need to prove to overcome their determination. For voluntary quit disputes, the burden of proof actually shifts to the employer - they need to prove you voluntarily left without good cause. If they don't participate in the hearing, your chances of winning increase significantly (though you should still be fully prepared). Also, the judge should send you a packet before the hearing with any evidence that's been submitted. Review this carefully - it will show what your employer has said about your separation.
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NeonNova
Update us after your hearing! I'm scheduled for mine in 3 weeks (different issue - they claim I didn't report some income but it was actually reported on the following certification). Would love to hear how yours goes.
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Mei Liu
•Good luck with your hearing too! For income reporting issues, make sure you bring copies of all your certification confirmations if you have them. Those cases often come down to very specific documentation.
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