EDD appeal rejected after husband marked wrong termination reason - need advice for 2nd level appeal

I won my second-level appeal last year after being in a similar situation. The key for me was getting a written statement from my former employer confirming the true reason for separation. Do you have anything like that? Also, make sure to explicitly reference the termination letter in your appeal statement and highlight the specific language showing it was a layoff. For the second appeal, be VERY specific about why the first judge's decision was incorrect. Quote the exact parts of their decision that contradict your evidence. Don't just say "we disagree" - point out specifically why their reasoning was flawed based on the evidence. Also, if your husband's former HR department is willing to complete an EDD DE 1545 form confirming the layoff, that carries a lot of weight with the Board.

dont give up!! my cousin went through TWO appeals and finally got approved. the system is designed to make u quit trying. KEEP PUSHING

I was an EDD claims specialist for 6 years before retiring. For second-level appeals, it's critical to understand that the CUIAB (California Unemployment Insurance Appeals Board) is specifically looking for legal errors or misinterpretation of facts from the first hearing. Here's what you need to do: 1. Request a copy of the appeal hearing recording and the complete case file. You have the right to this under California law. 2. In your second appeal, focus on any procedural errors that occurred during the first hearing (if any). 3. If your husband's employer didn't participate in the first hearing, make that clear. If they did participate but didn't contest his version of events, emphasize that. 4. Include a sworn declaration from your husband detailing exactly why he checked the wrong box - was it confusing terminology? A misclick? Be specific. 5. Submit any new evidence you've gathered since the first hearing. The second-level appeal takes longer but is often more thorough. The Board reviews everything independently.

OMG I went through EXACTLY this last winter!!! My boyfriend marked "fired for misconduct" when he was actually laid off (english is his 2nd language). We lost the first appeal even with the layoff documentation, but WON the second appeal!!! What worked for us was: 1) We got a DETAILED letter from his supervisor explaining the layoff and specifically stating there was NO misconduct 2) We wrote a point-by-point response to the first judge's decision 3) We explained that the UI application language was confusing for someone with limited English proficiency Hang in there!!! The second appeal took about 5 weeks for us but they approved it AND gave all backpay!!!!

i think u should just find another job. EDD is a joke and they never actually help people who need it. my brother waited 9 months for his appeal and still got denied after providing everything they asked for. what a waste of time.

I highly recommend using Claimyr (claimyr.com) to connect with an EDD representative directly about your situation. After my first appeal was denied, I was able to talk to an actual EDD specialist who guided me through exactly what needed to be in my second appeal. They got me connected to an EDD rep within about 20 minutes when I had been trying for weeks on my own. The rep explained that second appeals have different judges who often overturn first appeal decisions. They also helped me understand exactly which forms I needed to submit as evidence. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Talking to a knowledgeable representative before filing my second appeal made all the difference.

hav u tried contacting ur state assembly person? my sister was in a similar situation and our assembly rep got it fixed in like 10 days. they have ppl who specificaly handle edd cases.

One more important thing - if the judge in your first appeal focused a lot on credibility, you might want to request an in-person hearing for your second appeal instead of a phone hearing. It's easier to establish credibility when they can see you. For documentation, also consider getting statements from coworkers who were laid off at the same time if possible, to establish a pattern of layoffs at the company.

what about legal aid? i think they help with edd stuff for free if ur low income

Make sure to file your second appeal WITHIN 30 DAYS of receiving the first appeal decision! This deadline is super strict and they won't make exceptions. Send it certified mail so you have proof of when you submitted it.