< Back to California Unemployment

Oliver Brown

EDD denied benefits after quitting due to sexual harassment - appeal worth it?

Just got my EDD claim denied and I'm devastated. I left my job at a small marketing firm after enduring months of sexual harassment from the owner (my direct supervisor). The determination letter says I was disqualified because I 'didn't explore all reasonable alternatives before quitting.' This feels so unfair! I DID speak with our HR coordinator, but she basically said her hands were tied since the harasser was the owner who I reported directly to. What was I supposed to do? Stay and keep being harassed?! The letter says I can appeal within 30 days but I'm wondering if it's even worth the effort. Has anyone gone through an appeal for something similar? How long does the appeal process typically take? With rent due next week, I'm seriously stressing about how long I might have to wait for a decision.

ABSOLUTELY FILE THE APPEAL!! Don't let EDD get away with this! I had almost the same situation last year (though it was my department manager, not the owner). EDD denied me too saying I 'voluntarily quit without good cause' which is COMPLETE BS when you're dealing with harassment. I appealed and WON after the hearing. The judge understood that harassment creates an impossible work environment. Just make sure you document EVERYTHING - dates you spoke with HR, copy of any emails, names of witnesses, etc. The appeal hearing took about 9 weeks to get scheduled in my case, but I got backpay for everything once I won.

0 coins

Thank you so much for sharing your experience. That gives me hope! Did you have an attorney for the appeal hearing or did you represent yourself?

0 coins

You definitely should appeal. Sexual harassment is considered "good cause" to quit under EDD regulations, but you need to prove two things: 1) the harassment occurred, and 2) you took reasonable steps to preserve your employment. In your case, reporting to HR counts as trying to preserve employment, especially since the harasser was the owner. The appeal process typically takes 5-12 weeks to get a hearing scheduled. Then another 1-2 weeks to get the decision after the hearing. Make sure you gather any evidence - text messages, emails, witness statements, documentation of your HR complaint, etc.

0 coins

Thanks for the detailed info. Do you know if I need to keep certifying for benefits while waiting for the appeal hearing? I'm worried about doing something wrong and making the situation worse.

0 coins

you should start looking 4 a new job instead of waiting for edd... my cousin waited 3 months for appeal and still got denied. waste of time imo

0 coins

I am looking for a new job, but I still need to pay rent in the meantime. I can't just give up on benefits I believe I'm entitled to.

0 coins

Omg I'm so sorry this happened to you! No one should have to deal with harassment at work! I had to fight with EDD too but for a different reason (they said I didn't report some income but I totally did). The whole system is so frustrating! Sending you positive vibes! ✨

0 coins

Thank you for the kind words. It's definitely been a stressful experience all around.

0 coins

I'm a former EDD appeals specialist, and I can tell you that harassment cases often get denied initially but have a good chance on appeal if properly presented. In California, sexual harassment constitutes good cause for leaving employment, but the burden of proof is on you. During your appeal, you'll need to: 1. Explain the specific incidents of harassment with dates 2. Document your attempts to resolve the issue (HR complaint) 3. Explain why continuing employment was not reasonable (direct report to harasser) YES, continue to certify for benefits every two weeks while waiting for your appeal! If you win, you'll only get paid for weeks you certified. Appeals are currently taking 8-12 weeks to be scheduled in most offices. You should definitely appeal within the 30-day deadline. Make sure to clearly state "I disagree with the determination because I had good cause to leave my employment due to sexual harassment, and I made reasonable efforts to preserve my employment by reporting to HR.

0 coins

Thank you so much for this detailed advice. I'll start putting together all my documentation and make sure I keep certifying. Should I continue putting that I'm able and available to work on my certifications?

0 coins

I had a similar issue but it was workplace bullying not harassment. I couldn't get thru to EDD for WEEKS trying to explain my side. Finally found this service called Claimyr (claimyr.com) that got me connected to an EDD rep in under 15 minutes. Saved me so much frustration! They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The rep I finally talked to helped me understand exactly what I needed for my appeal and now I'm just waiting for my hearing date.

0 coins

sounds like spam lol

0 coins

This happend to me too!!! EDD always denys claims first hoping people will just give up n not appeal. it took me almost 3 months to get a hearing but i got ALL my backpay after i won. I didnt have a lawyer either, just told the judge exactly what happened. document EVERYTHING and make sure u have ur timeline strait before the hearing. the judge will ask u alot of detailed questions about each incident and reporting. btw u can get a free consult with legal aid if ur low income they helped me prepare

0 coins

Good suggestion about Legal Aid. Also, the Labor Center and many community organizations offer free help with unemployment appeals. They can help prepare evidence and practice answering questions before the hearing.

0 coins

Thanks everyone for the advice and support. I'm definitely going to file the appeal before the deadline. I've started gathering all my evidence - I have emails to HR, text messages from my boss that clearly cross the line, and a couple coworkers willing to provide statements. I'll keep certifying for benefits while waiting for the hearing. I might try that Claimyr service too since I've been struggling to get anyone on the phone. This whole process is so stressful on top of job hunting, but hearing success stories gives me hope!

0 coins

That's excellent that you have documentation and witness statements. Make sure to submit copies of all evidence before your hearing, and keep the originals for yourself. Sounds like you're taking all the right steps. Good luck!

0 coins

Quick question - has anyone done one of these appeal hearings by phone vs. in person? Is one better than the other? My friend said phone is easier but idk

0 coins

Most hearings are being conducted by phone since the pandemic. The advantage is convenience, but it can be harder to present documents. If you choose phone, make sure to submit all your evidence ahead of time. In-person can be better if you have a lot of physical evidence or if presenting yourself professionally would help your case. Either way, the most important factor is being prepared with clear, organized facts.

0 coins

I'm so sorry you're going through this - what happened to you is absolutely unacceptable and you deserve support, not denial of benefits. As someone who's been through the EDD appeals process (different circumstances but similar initial denial), I want to echo what others have said: DEFINITELY appeal! The fact that you reported to HR and they essentially told you there was nothing they could do because the harasser was the owner actually strengthens your case. You literally had no internal recourse left. One thing I haven't seen mentioned yet - when you file your appeal, consider requesting an in-person hearing if possible. Sometimes judges take these cases more seriously when they can see you face-to-face. Also, make sure to emphasize in your appeal statement that staying would have required you to continue enduring illegal harassment with no possibility of resolution through normal channels. The timeline others mentioned (8-12 weeks) is accurate in my experience. It's frustrating but hang in there - you have a strong case and the law is on your side. Document everything now while it's fresh in your memory, including the emotional impact this had on you. Good luck!

0 coins

Thank you for mentioning the in-person hearing option - I hadn't really considered that aspect. You're right that having the owner as the harasser made it impossible to resolve internally. I'm feeling more confident about my case after reading everyone's experiences. Did you find that having documentation of the emotional impact helped during your hearing? I've been keeping a journal of how this whole situation has affected me.

0 coins

I'm really sorry you're dealing with this situation - no one should have to choose between their safety and their livelihood. As someone new to this community, I've been reading through everyone's advice and it's clear you have strong grounds for an appeal. Sexual harassment that goes unaddressed (especially when the harasser is the owner with no higher authority to report to) absolutely creates an "impossible work environment" that justifies quitting for good cause. One practical tip I wanted to add: when you're documenting everything, make sure to include any changes in your work performance, sleep, or health that resulted from the harassment. This helps establish the severity of the situation. Also, if you have any documentation showing that HR acknowledged they couldn't help because of the owner's position, that's incredibly valuable evidence. The appeals process is definitely stressful and takes time, but from what I'm reading here, people with similar situations have had success. Keep your head up - you did the right thing by protecting yourself, and now you deserve the benefits you're entitled to while you find a better, safer workplace.

0 coins

That's really helpful advice about documenting the impact on work performance and health - I hadn't thought about including those details but you're absolutely right that it shows how severe the situation was. I did save the email where our HR coordinator basically said "I understand your concerns but given that [owner's name] is your direct supervisor and the company owner, there aren't really internal options for resolution." That should definitely help show I had no reasonable alternatives. Thanks for the encouragement - some days I second-guess whether I made the right choice leaving, but reading everyone's support here reminds me that my safety had to come first.

0 coins

I'm new here but wanted to chime in after reading your story - what you experienced is absolutely terrible and you 100% made the right decision to leave that toxic environment. Your safety and wellbeing are more important than any job. I haven't been through the EDD appeals process myself, but I work in employment law and can tell you that your case sounds very strong. The key factors working in your favor are: 1) You have documented evidence of the harassment, 2) You properly reported it to HR, 3) HR essentially admitted they couldn't help because the harasser was the owner, and 4) You had no reasonable alternatives left. California law specifically recognizes that employees shouldn't have to endure illegal harassment to keep their jobs. The initial denial is frustrating but unfortunately common - EDD often denies first and hopes people don't appeal. Stay strong and definitely file that appeal! With your documentation and witness statements, you should have a good chance of success.

0 coins

Thank you so much for the legal perspective - it's really reassuring to hear from someone who works in employment law that my case looks strong. I keep second-guessing myself and wondering if I should have tried something else first, but you're right that I literally had no other options when the person harassing me was the owner. The fact that HR basically admitted in writing that they couldn't help should definitely work in my favor. I'm gathering all my documentation now and feeling more confident about filing the appeal. It's encouraging to know that the initial denial is common and doesn't necessarily reflect the strength of my case.

0 coins

I'm so sorry you're going through this - what a horrible situation to be put in! As someone new to this community, I've been reading through all the advice and wanted to add my support. You absolutely did the right thing by leaving that toxic environment, and you deserve those benefits while you search for a safer workplace. One thing I noticed that might help strengthen your appeal: make sure to emphasize the timeline of events clearly. Document exactly when the harassment started escalating, when you reported to HR, and when they essentially told you there was no recourse. This timeline will help show the judge that you didn't just quit impulsively - you tried to resolve it through proper channels first and only left when it became clear there was no other option. Also, if you haven't already, try to get that HR response in writing if it was verbal. Even a follow-up email saying something like "Per our conversation yesterday about my concerns regarding [owner's name], I understand that internal resolution isn't possible given the reporting structure" could be helpful documentation. You've got a strong case and great advice from everyone here. Don't let EDD discourage you - file that appeal and fight for what you deserve!

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today