EDD appeal overturned - can employer file another appeal if they missed the hearing?

Hi everyone, I'm in a really stressful situation with my EDD claim and need some advice. I resigned from my retail position after experiencing months of verbal harassment from my manager. I initially filed for unemployment but was disqualified because EDD said I 'voluntarily quit without good cause.' I appealed this decision and just had my hearing last week with the Administrative Law Judge. Today I received notice that they 'overturned the decision' but the wording is confusing - I think it means they ruled AGAINST me, not in my favor like I hoped. What's really bothering me is that my former employer didn't even show up to the hearing, and their name isn't mentioned anywhere on the paperwork I received. Does anyone know if they can still file their own appeal even though they skipped the hearing? The documents don't indicate if they're being notified of this ruling at all. I'm afraid to move forward until I know whether this nightmare could start all over again with another appeal. How long do employers have to appeal these decisions?

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24 comments

Grant Vikers

To answer your specific question about employer appeals: Yes, technically your former employer could appeal the ALJ's decision even if they didn't attend the original hearing. They would need to file what's called a Board Appeal to the California Unemployment Insurance Appeals Board (CUIAB) within 30 days of the mailing date on your decision letter. However, since they didn't bother showing up to defend their position at the first hearing, their appeal would face significant challenges. The Board would question why they should get a second chance when they didn't utilize their first opportunity. And yes, as others have pointed out, 'overturned' means the judge reversed the original determination that denied your benefits. You should start receiving payments soon if you've been certifying regularly during this process.

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Savannah Weiner

I feel your pain! Trying to get through to EDD is a nightmare. I finally had success using Claimyr (claimyr.com) to get through to an EDD agent. They helped me get past the phone system and connected with a real person who could explain my case details. They have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that shows how it works. After weeks of calling myself with no luck, it was worth it to finally get answers about my similar situation with a hostile work environment claim.

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Libby Hassan

Since your question hasn't been fully addressed yet: Your former employer should be receiving a copy of the same decision you received. The ALJ's decision is sent to all parties, even if they didn't participate in the hearing. The 30-day appeal period applies to both parties. However, I want to emphasize that Board Appeals are reviewed differently than the initial appeals. The Board typically doesn't hold new hearings but instead reviews the record from the ALJ hearing. Since your employer didn't participate or present evidence at the ALJ hearing, there's very little in the record that would support their position. Additionally, they would need to explain why they failed to attend the original hearing - and 'I forgot' or 'I was busy' are not considered good cause. In my experience, less than 5% of employers pursue Board Appeals after missing the ALJ hearing, and their success rate in those cases is extremely low. So while it's technically possible, I wouldn't worry too much about it.

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Tristan Carpenter

Yes, EDD should automatically begin processing your payments within 7-10 business days after receiving the ALJ's decision. Since you mentioned you've been certifying all along, you should receive all back payments for the weeks you certified that fall within your benefit year. If you don't see any payment activity within two weeks, that's when I'd recommend contacting EDD for clarification. Make sure to keep certifying for benefits every two weeks while you wait. Congratulations on winning your appeal! Quitting due to a hostile work environment is one of the legitimate 'good causes' for leaving employment, but it often requires an appeal to prove. You did everything right.

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Connor Rupert

Congratulations Maya! I went through a very similar situation last year - quit due to harassment from my supervisor at a restaurant, initially denied, then won on appeal. The "overturned" language definitely threw me off too at first! One thing I learned during my process: even though the chances of your employer appealing are very low (especially since they no-showed), keep all your documentation from the harassment incidents just in case. The ALJ likely found your testimony credible about the hostile work environment, which is why they ruled in your favor. Also, once your payments start flowing, you might want to consider filing a complaint with your state's labor department about the workplace harassment if you haven't already. What your manager did wasn't just grounds for unemployment benefits - it was likely illegal workplace conduct that other employees shouldn't have to endure. Hope this helps ease some of your stress! You've been through the hardest part already.

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Kiara Fisherman

Thank you so much Connor! It's really reassuring to hear from someone who went through the exact same thing. I do have all my documentation saved - I kept detailed notes of every incident with dates and times, plus I have some text messages from coworkers who witnessed some of the harassment. I was actually thinking about filing a complaint with the labor department too, but I wasn't sure if it was worth it since I already quit. Do you know if there's a time limit on filing those complaints? I'd hate for other employees to go through what I did with that manager.

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Carmen Diaz

@Kiara Fisherman For workplace harassment complaints, California typically has a 3-year statute of limitations for filing with the Department of Fair Employment and Housing DFEH (,)though it s'best to file sooner rather than later while evidence is fresh. Since you have detailed documentation and witness texts, you definitely have a solid case worth pursuing. Even though you ve'left, filing a complaint could protect future employees and might even result in corrective action or training for the company. The DFEH has an online complaint portal that makes it pretty straightforward to file. @Connor Rupert probably has good insights on this process too since they went through something similar.

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William Schwarz

Yes, definitely file that complaint! In California, you typically have one year from the last incident to file a harassment complaint with the Department of Fair Employment and Housing (DFEH), though some circumstances can extend that deadline. Since you have documentation and witness testimony, you have a strong case. Even though you've moved on, filing helps protect future employees and can result in mandatory training or other corrective actions at that workplace. The process is free and you can file online at dfeh.ca.gov. Don't let that manager get away with creating a toxic environment for others!

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Tyler Lefleur

@Kiara Fisherman - Yes, there s'usually a time limit for filing workplace harassment complaints, but it varies by agency. For the California Department of Fair Employment and Housing DFEH (,)you typically have one year from the last incident to file a complaint. Since you just recently quit, you should still be well within that window. The fact that you have detailed documentation and witness testimony makes your case much stronger. Even though you ve'already left, filing a complaint could prevent other employees from facing the same treatment and might result in the company having to implement better harassment policies. It s'definitely worth looking into!

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Anastasia Sokolov

Yes, there's definitely still time to file a complaint! In California, you typically have up to 3 years from the date of the harassment incidents to file a complaint with the Department of Fair Employment and Housing (DFEH). The fact that you quit doesn't matter at all - if anything, it strengthens your case since you can show the harassment was severe enough that you felt you had no choice but to leave. Your detailed documentation with dates, times, and witness testimony sounds really solid. Even if nothing comes of it legally, having it on record could help protect future employees and might prompt the company to take action against that manager. You've already shown incredible strength getting through the EDD process - don't let that manager get away with creating a toxic workplace for others!

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Gianna Scott

@Kiara Fisherman - Yes, you should definitely file that complaint! In California, you typically have 3 years to file workplace harassment complaints with the Department of Fair Employment and Housing DFEH (,)now called the Civil Rights Department CRD (.)Since you have documentation and witness testimony, you have a strong case. Even though you ve'left the job, filing a complaint can protect future employees and potentially result in corrective action against that manager. The fact that you already won your EDD appeal actually strengthens your harassment complaint since an administrative judge already found your testimony about the hostile work environment credible. Don t'let that manager get away with treating people that way!

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Maya Diaz

@Kiara Fisherman For workplace harassment complaints, California s'Department of Fair Employment and Housing DFEH (generally) has a one-year statute of limitations from the last incident of harassment, but it can be extended in some cases. Since you have documented evidence and witness accounts, it s'definitely worth filing even after quitting - in fact, many people don t'realize they were in a hostile work environment until after they leave and get some perspective. The complaint could help protect future employees and potentially result in required training for management. You can file online at dfeh.ca.gov or call their complaint hotline. Don t'let that manager get away with creating a toxic workplace for others!

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