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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.

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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?

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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.

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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.

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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

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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.

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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! ✨

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

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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."

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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?

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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.

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sounds like spam lol

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Lim Wong

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

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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.

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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!

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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!

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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

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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.

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