< Back to California Unemployment

Eli Butler

EDD appeals process - anyone had success lately with winning appeals?

I've been disqualified for UI benefits after my employer claimed I quit voluntarily (I didn't - I was essentially forced out after they cut my hours to almost nothing). Now I'm facing an appeal hearing in 3 weeks and honestly feeling completely overwhelmed. Has anyone gone through the EDD appeals process recently? What was your experience like? Did you win your case? I'm wondering if I should hire a lawyer or if that's overkill. The disqualification letter says I need to return $4,800 in benefits they already paid me, which I absolutely cannot afford right now. Any advice from people who've actually been through appeals would be really appreciated!

I won my appeal last month! I was initially disqualified because my employer claimed misconduct, but I had documentation showing their claims weren't accurate. Here's what worked for me: 1. Gather ALL documentation - emails, texts, performance reviews, anything that supports your case 2. Write out a timeline of events to keep your facts straight during the hearing 3. Practice explaining your situation clearly and concisely 4. Be respectful to the Administrative Law Judge even if your employer says things that aren't true The hearing itself lasted about 45 minutes. The judge called me, asked me to verify my identity, and then my former employer joined. We both gave our sides, the judge asked clarifying questions, and that was it. I got my decision letter about 10 days later saying I was eligible. In your case, if they reduced your hours drastically, that could qualify as "constructive discharge" which means you didn't truly quit voluntarily. Make sure you emphasize how much they cut your hours and that continuing there wasn't feasible.

0 coins

Thank you so much for this detailed response! Did you represent yourself or have a lawyer? I'm worried I'll mess up the legal terminology or something. "Constructive discharge" is exactly the term I was trying to remember! They cut me from 40 hours to like 12 hours a week, which wasn't enough to pay my bills.

0 coins

i lost my appeal and now i owe 8k back. the whole thing is RIGGED. they will always side with employers no matter what evidence you have!! i had proof my boss was lying but the judge didnt even look at it. waste of time.

0 coins

That's not universally true. Appeals results really depend on the specific circumstances and evidence. I've seen many people win their appeals when they have documentation and present their case well. I'm sorry you had a negative experience though - did you get a written explanation for why your appeal was denied?

0 coins

I'm in the middle of my appeal right now too!!!! I'm so nervous I can barely sleep. My hearing is next Tuesday and I keep having nightmares about it. Did anyone bring witnesses to their hearing? My coworker saw how they treated me but idk if she'll be willing to testify or whatever it's called in an appeal. Also how formal is the hearing? Do I need to dress up even though it's on the phone?????

0 coins

The hearing is somewhat formal, but not like a court trial. Dress doesn't matter since it's by phone, but being organized and respectful does. If your coworker is willing to testify, that could help, especially if they witnessed how your hours were cut. They'll need to be available during your hearing time. The judge will swear them in and ask questions. Make sure you submit their contact info ahead of time if you want them to participate.

0 coins

I successfully appealed a disqualification in January 2025. Here's what I learned: - EDD is currently approving about 50-60% of appeals according to my lawyer - Having documentation is CRITICAL - don't just rely on verbal explanations - Cases about constructive discharge (like yours with reduced hours) tend to have better outcomes than misconduct cases - The appeals board looks for clear evidence that continuing employment wasn't reasonable In your specific situation, having pay stubs showing the reduction from 40 to 12 hours would be very strong evidence. If you have any communication where you asked for more hours or explained you couldn't survive on the reduced schedule, that's golden. Also, you don't have to repay anything until the appeal process is complete, so don't panic about that $4,800 yet.

0 coins

This is really helpful, thank you! I do have pay stubs showing the hour reduction, and I also have texts where I asked my manager for more hours and explained I couldn't pay rent on the reduced schedule. I'll definitely bring those to the hearing. Did you use a lawyer for your appeal? Was it worth the cost?

0 coins

my friend just went thru this. said hearing was super intimidating but she won! her boss tried lying to the judge saying she had attendance issues but she had her timecards. definitely bring everything u can to prove ur case. also write down what ur gonna say so u dont forget important stuff when ur nervous

0 coins

This is so true! I got so nervous during my hearing that I completely forgot to mention some important details. Writing things down ahead of time is solid advice.

0 coins

Has anyone in this thread tried calling EDD to ask questions about the appeal process? I've been trying to get clarification on some paperwork for my appeal but can't get through AT ALL. Just constant busy signals or disconnects after waiting forever. So frustrating!

0 coins

I was in the same situation trying to get info before my appeal. After days of failed attempts, I tried Claimyr (claimyr.com) and actually got through to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep explained exactly what documentation I needed for my appeal and what to expect. Way better than going in blind. Having that conversation definitely helped me prepare properly for my hearing.

0 coins

To answer your question about lawyers - I represented myself and won, but my case was pretty straightforward with good documentation. If your case is more complex or you're not confident speaking for yourself, a lawyer might be worth it. Some legal aid organizations offer free help with unemployment appeals if you can't afford an attorney. For what it's worth, the ALJ (Administrative Law Judge) in my hearing was very patient and asked questions to make sure she understood my situation completely. It wasn't as adversarial as I feared.

0 coins

That's reassuring to hear the judge was patient. I think I'll try representing myself since my case seems pretty clear-cut with the hours reduction. I'll look into legal aid just to get some advice beforehand though. Thanks again for all your help!

0 coins

One tip nobody mentioned - during the hearing, wait for the judge to completely finish asking questions before you answer. I kept interrupting accidentally because I was nervous, and the judge seemed annoyed. Also make sure your phone is fully charged and you're somewhere quiet without background noise.

0 coins

Omg thank you for this! I'm totally the type who would nervously talk over people. Does anyone know if we can have notes in front of us during the hearing???

0 coins

Yes, you can absolutely have notes during the hearing! In fact, it's recommended. I had the following prepared: 1. A timeline of employment events 2. Key dates and facts (hire date, last day, when hours were reduced, etc.) 3. List of evidence I was submitting 4. Bullet points of my main arguments 5. Answers to questions I expected them to ask The judge can't see that you're using notes since it's a phone hearing, but even if they could, it's completely allowed and expected that you'd be prepared.

0 coins

This is a great list! I'm going to prepare all of these things tonight. Getting more hopeful that I might actually win this appeal with all this good advice. Will update this thread after my hearing to let everyone know how it went!

0 coins

I went through the appeals process last year and won my case! Similar situation - employer claimed I quit but I was actually pushed out due to hostile work environment. A few things that really helped me: 1. Submit ALL your evidence before the hearing deadline (usually 10 days prior). Don't wait until the hearing itself 2. Keep your explanation factual and chronological - don't get emotional even if your employer lies 3. Focus on the legal standard: would a reasonable person in your situation have felt compelled to leave? For your hour reduction situation, definitely emphasize that 12 hours/week wasn't sufficient to meet basic living expenses. If you can show you tried to make it work (like picking up a second job or asking for more hours), that strengthens your case. The whole process took about 6 weeks from hearing to final decision, but the stress was worth it when I got that approval letter. You've got a solid case with the documentation you mentioned - stay organized and confident!

0 coins

This is such helpful advice, thank you! I'm definitely going to focus on the "reasonable person" standard - that's a really good way to frame it. I did try to pick up a second job to make up for the lost hours, but it still wasn't enough to cover my rent and bills. Should I mention that in my hearing? Also, when you say submit evidence 10 days prior, do you mean mail it to EDD or is there an online portal? I want to make sure I don't miss any deadlines!

0 coins

Yes, definitely mention that you tried to pick up a second job! That shows you made a good faith effort to make the reduced hours work, which strengthens your constructive discharge argument. For submitting evidence, you can usually fax it to the appeals office (the fax number should be on your hearing notice) or mail it, but faxing is faster and you get confirmation it was received. Some areas now have online portals too - check your hearing paperwork for specific instructions. I'd recommend faxing AND mailing just to be safe, and keep your fax confirmation receipt. The 10-day deadline is usually business days, so don't count weekends. Good luck with your hearing!

0 coins

I just went through the appeals process in February and won! My employer also claimed I quit voluntarily when they actually made my job impossible by changing my schedule with no notice and cutting my pay. Here's what I wish I had known going in: The hearing was way less scary than I expected. The Administrative Law Judge was professional and gave both sides equal time to present their case. The whole thing lasted about 30 minutes. My employer's representative wasn't even that prepared - they just repeated the same claims from their initial response. Key things that helped me win: - I had email evidence showing I tried to work with the schedule changes - I documented how the pay cut made it financially impossible to continue - I stayed calm and stuck to facts, even when their rep made accusations - I clearly explained why a reasonable person would have left under those circumstances For your situation with the hour reduction from 40 to 12 hours per week, that's a textbook case of constructive discharge. Make sure you calculate exactly what the pay difference was and emphasize that 12 hours wasn't livable income. If you have any communication showing you asked for more hours or expressed concern about the reduction, bring that too. The decision came back in my favor about 2 weeks later. Don't let them intimidate you - you have rights and a valid case!

0 coins

This is so encouraging to hear! I'm feeling a lot more confident about my hearing now. The fact that your employer's rep wasn't well-prepared is interesting - makes me wonder if mine will be the same way. I've been calculating the financial impact and you're absolutely right - going from $800/week (40 hrs x $20/hr) to $240/week (12 hrs x $20/hr) was completely unsustainable. I couldn't even cover rent, let alone food and other expenses. I do have text messages where I asked my manager multiple times for more hours and explained I was struggling financially. It sounds like that kind of documentation is exactly what I need. Thank you for sharing your experience - it really helps to hear from people who've actually been through this and won!

0 coins

I went through the appeals process about 6 months ago and won my case! Similar to your situation, my employer claimed I voluntarily quit when they actually forced me out by making unreasonable schedule changes and cutting my hours drastically. Here's my experience and advice: **Preparation was key:** I spent hours organizing all my documentation - pay stubs, emails, text messages, anything that showed the timeline of what happened. Having everything organized chronologically made a huge difference during the hearing. **The hearing itself:** It was conducted over the phone and lasted about 40 minutes. The Administrative Law Judge was fair and asked detailed questions to both sides. My former employer's HR representative tried to stick to their story, but when the judge asked for specifics, they couldn't provide documentation to back up their claims. **What worked in my favor:** - Clear documentation showing the change in working conditions - Evidence that I tried to work with the situation before leaving - Staying factual and professional throughout the hearing - Explaining how a reasonable person would have responded in my situation For your case specifically, the reduction from 40 hours to 12 hours is a slam dunk for constructive discharge. Make sure to emphasize the financial impossibility of surviving on 70% less income. If you have any evidence showing you tried to make it work or asked for more hours, that's golden. You don't necessarily need a lawyer for this type of case if you have good documentation and can present your story clearly. I represented myself and it worked out fine. The whole process from hearing to decision took about 3 weeks. Hang in there - you've got a strong case!

0 coins

This is exactly what I needed to hear! Your experience sounds so similar to mine, especially with the employer not having documentation to back up their claims. I've been worried that somehow they'll have more "official" records or something, but it sounds like they often just repeat their initial story without proof. I'm definitely going to spend this weekend getting all my documentation organized chronologically like you suggested. The pay stub evidence showing the hours reduction seems to be the strongest thing I have. Did you submit your evidence before the hearing or bring it up during the call? Also, did your employer try to argue that the hour reduction was temporary or due to business needs? I'm trying to prepare for what they might say to justify cutting me from 40 to 12 hours.

0 coins

I submitted my evidence about 5 days before the hearing by fax (kept the confirmation receipt!). During the hearing, I referenced specific documents when making my points, which seemed to really strengthen my case. Yes, my employer did try to argue the hour reduction was "temporary due to business slowdown" - but here's the thing: they couldn't provide any timeline for when hours would be restored or evidence that other employees were similarly affected. The judge asked them directly about this and they gave vague answers. For your prep, I'd suggest having responses ready for common employer defenses like: - "It was temporary" (Ask: how long is temporary? What's the restoration plan?) - "Business necessity" (Point out: why weren't other solutions explored first?) - "Employee could have found other work" (Counter: constructive discharge doesn't require you to accept unreasonable conditions) The key is showing that a 70% hour reduction with no clear end date would force any reasonable person to leave. You've got this - the documentation you described sounds really strong!

0 coins

I went through the EDD appeals process in December and won my case! I was in almost the exact same situation - employer claimed I quit when they actually cut my hours from 35 to 8 per week. Here's what really helped me prepare: **Documentation is everything:** I gathered pay stubs showing the hour reduction, screenshots of my work schedule changes, and text messages where I asked my supervisor about getting more hours. The judge specifically asked about my attempts to address the situation with my employer first. **Practice your timeline:** I wrote out a simple chronology - when I was hired, what my original hours were, when they got cut, what I did to try to fix it, and when I finally had to leave. Having this clear narrative really helped during the hearing. **The hearing itself:** It was less intimidating than I expected. The judge asked me to explain what happened, then asked my employer questions. When they claimed the hour reduction was "temporary," the judge asked them to specify how long and what the plan was to restore hours. They couldn't give a clear answer, which really helped my case. Your situation with 40 hours dropping to 12 is even more dramatic than mine was. That's a 70% reduction in income - no reasonable person could be expected to survive on that. Make sure to emphasize the financial impact and that you tried to work with them before leaving. The whole process took about a month from hearing to decision, but getting that approval letter made all the stress worth it. You've got a strong case - stay organized and confident!

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today