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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Tristan Carpenter
Wait, you might be misunderstanding the wording. When they say 'overturned the decision,' that actually means they reversed the original disqualification, which is GOOD news for you! It means they disagreed with the initial EDD determination that denied your benefits. This happens quite often with cases involving hostile work environments. The paperwork can be really confusing.
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Maya Jackson
•Really?? Oh my god, I've been so stressed reading this paperwork over and over. It says 'The determination/ruling under appeal is overturned' and then has some legal code references. So you think this means I'll get benefits? I'm so confused by all this legal language.
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Amaya Watson
ya i had the same thing happen lol. 'overturned' means they flipped the original decision. so if u were denied before, now ur approved! congrats
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Maya Jackson
•Thank you!! I really hope that's true. I was expecting them to explain their reasoning more clearly. The whole process has been so stressful.
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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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Maya Jackson
•Thank you so much for explaining this. So even though they didn't show up, they still have 30 days to appeal? I've been certifying every two weeks just in case. Will I get all the back payments from when I first filed if this decision sticks?
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Giovanni Martello
EDD IS THE WORST with their confusing letters!!! I literally had to call them 47 TIMES before I got through when I had almost the exact same situation happen to me. My manager was literally screaming at me daily and I quit, then got denied, then appealed. The paperwork they send is SO CONFUSING it should be criminal!!!
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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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Levi Parker
my cousin works at edd and he says that employers hardly ever appeal if they didnt show up the first time. theyre usually just trying to save on their unemployment insurance rates anyway. sounds like you won!
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Libby Hassan
•This is generally accurate. I've represented claimants in EDD appeals, and if an employer doesn't appear at the initial hearing, it's rare they'll pursue a Board Appeal. They have to demonstrate good cause for missing the hearing, plus show that the ALJ's decision was incorrect. That's a high bar. The fact they're not mentioned in your paperwork is normal - the decision focuses on the claimant's eligibility, not the employer's arguments.
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Maya Jackson
Thank you all so much for helping me understand this! I just re-read the letter and now I see a line that says 'claimant is eligible for benefits' that I somehow missed before. I've been so anxious about this whole process that I think I just assumed the worst when I saw 'overturned.' I really appreciate everyone explaining how these appeals work. I'll keep an eye out for any further notifications, but it sounds like I can finally breathe a little easier.
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Amaya Watson
•awesome!! make sure ur still certifying every 2 weeks so u dont miss any payments!
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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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Maya Jackson
•This makes me feel so much better. I've been worried sick thinking they could just keep appealing forever. It sounds like I've cleared the biggest hurdle already. I should start receiving benefits soon, right? Does EDD automatically start processing payments after the appeal decision?
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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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Maya Jackson
•Thank you! This has been such a stressful process, but I'm relieved it's working out. I'll keep certifying and watch for those payments. I really appreciate everyone's help deciphering the EDD language and explaining the process!
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