EDD appeal hearing tomorrow - need help with equity/suretyship defense
I have my EDD appeal hearing scheduled for tomorrow morning, and I'm panicking. I got disqualified because they're saying I quit without good cause, but I was actually pushed out after my company restructured. The twist is that I had signed as guarantor on a business loan for my brother-in-law last year, and when his business failed, I had to take a second job to cover those payments. My main employer refused to accommodate my needed schedule change, essentially forcing me to quit. I've been trying to research 'equity' and 'suretyship' defenses for EDD appeals since I've read these might apply when financial obligations force you to leave employment. Has anyone successfully used these arguments in an appeal hearing? What documentation should I bring? I have the loan paperwork showing I'm the guarantor and payment records, but I'm not sure how to present this effectively to the judge. Any advice ASAP would be lifesaving!
14 comments


Freya Thomsen
I successfully used an equity argument in my appeal last year, though my situation was slightly different. The key is to connect the dots between your guarantor obligation and why it made continued employment impossible. Bring these documents: 1. The original guarantee/suretyship agreement showing you as legally responsible 2. Proof the primary borrower (your BIL) defaulted, activating your obligation 3. Documentation showing the payment amounts and schedule 4. Written evidence of your request for accommodation from your employer 5. Any communication showing they refused reasonable accommodation During the hearing, emphasize that you made good faith efforts to maintain employment while meeting your legal financial obligations. The judge will want to see that you tried to preserve your job before quitting. Good luck!
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NebulaNomad
•Thank you so much! I have all those documents except for written evidence of my accommodation request - it was done verbally in a meeting with my supervisor and HR. Will that hurt my case? Should I write out what happened in that meeting as a declaration or something?
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Omar Fawaz
ive been thru 3 appeal hearings and WON THEM ALL!!! the key is prep prep prep!!!! judges HATE it when u ramble. make a bullet list of key points, practice what ur gonna say. when i had my hearing about a similar issue (had to quit bc of financial hardship) i focused on WHY i had no other choice. bring PROOF of everything!!! and be super respectful to the judge even if they seem harsh.
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NebulaNomad
•Thanks for the tips! Did you have any documentation for conversations that happened verbally? I'm worried because my accommodation request wasn't in writing or email.
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Chloe Martin
Wait I'm confused. Are you talking about regular UI or are you on disability? Because suretyship usually refers to something else entirely in legal terms - like being a co-signer. Not sure how that relates to EDD benefits??
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Freya Thomsen
•They're using the correct terminology. In EDD appeals, "equity" and "suretyship" principles can sometimes be applied when someone has to leave work due to compelling financial obligations they're legally bound to fulfill. It's not common knowledge but can be a valid argument in certain voluntary quit cases.
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Diego Rojas
I've represented clients in EDD appeals for over 15 years. Your situation falls under what's sometimes called "compelling necessity" to quit. While suretyship obligations can qualify, you need to prove: 1. The financial obligation was truly unavoidable (being a guarantor qualifies) 2. You made reasonable efforts to preserve the employment relationship 3. There were no reasonable alternatives to quitting The administrative law judge will focus heavily on #2. Without written documentation of your accommodation request, prepare to explain in detail: - Exactly when and where the conversation happened - Who was present - What specific accommodation you requested - Their exact response If any colleagues witnessed this conversation, their testimony could be valuable.
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NebulaNomad
•This is incredibly helpful. I did have a coworker who was aware of the situation and saw me coming out of the meeting upset. I'll see if she's willing to provide a statement. Should I have tried to find another position within the company before quitting? They didn't offer, but I'm worried the judge will ask why I didn't pursue that.
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Anastasia Sokolov
Good luck tomorrow!! My cousin went through something similar and was SO NERVOUS but said the judge was actually really nice. Just be honest!
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StarSeeker
Just went through an appeal hearing last month after 9 WEEKS of waiting. Complete nightmare reaching EDD to check on my claim status while waiting. Finally found Claimyr (claimyr.com) and they got me through to an actual EDD representative in under 20 minutes! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km As for your hearing - mine was surprisingly informal. The judge let me explain my situation, asked specific questions, and then made a decision a week later. Be direct and stick to the facts about why you HAD to quit. Best advice: answer only what they ask, don't volunteer extra information that might confuse your case.
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NebulaNomad
•Thanks for the tip about Claimyr - might need that depending on how things go tomorrow. Did you bring notes to your hearing? I'm worried about getting flustered and forgetting important details.
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Sean O'Donnell
I don't have experience with suretyship specifically BUT make sure you understand that these hearings are recorded and everything you say matters!!! My friend thought the hearing was going well but then contradicted herself on one small detail and the judge used that to deny her appeal. Be consistent!!!
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Diego Rojas
Since your hearing is tomorrow, focus on these final preparations: 1. Organize your documents chronologically in a binder with tabs 2. Write a brief timeline of events (1 page max) 3. Practice explaining your situation in under 3 minutes 4. Prepare concise answers to likely questions about: - Why you became a guarantor - Why you couldn't meet both work schedule and financial obligations - What specific accommodations you requested - Why other alternatives weren't viable Regarding your question about finding another position within the company - yes, the judge may ask about this. Be prepared to explain whether internal transfers were available and if not, why not. The key is demonstrating you exhausted all reasonable options before quitting.
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NebulaNomad
•Just got back from my hearing and it went much better than expected! I followed your advice about organizing documents and preparing a timeline. The judge seemed sympathetic when I explained the financial obligation and my attempts to keep my job. She said I should receive a decision in 7-10 days. Fingers crossed! Thank you all for your help - it made a huge difference in my confidence level.
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