EDD denied claim because employer said I was fired not laid off - how to appeal?

I just went through this exact situation. You need to file an appeal ASAP using the DE 1000M form. It should have been included with your Notice of Determination letter. You can also download it from the EDD website. On the appeal form, clearly explain that you were laid off due to a restructuring and that your duties were reassigned to a new hire. Include any documentation you have - emails about restructuring, final paycheck stub, severance letter, anything that supports your case.\n\nWhat's key here is that in California, being let go because they hired someone cheaper or restructured is NOT misconduct, so you should be eligible for benefits. During the appeal hearing, you'll need to testify that you were capable and willing to continue working, but the employer eliminated your role. The burden of proof for misconduct is on the employer, and replacing you with a cheaper employee isn't misconduct on your part.\n\nYou don't necessarily need a lawyer, but you must attend the hearing (likely by phone in 2025). Don't miss it or you'll likely lose by default.

Thank you so much for this detailed response! I found the DE 1000M form on the EDD website and I'm filling it out today. Should I include any witness statements? My coworker heard our manager telling someone they were hiring the new person because they could pay them less. Would that help my case?

ur not alone here hun. my boss did the SAME EXACT THING last yr. claimed i was fired for \

THE EDD SYSTEM IS RIGGED AGAINST WORKERS!! Companies can just LIE and say whatever they want and EDD believes them without question! I fought my case for 4 MONTHS before getting approved. Had to sell my car to pay rent while waiting! The whole system is designed to deny benefits we PAID INTO FOR DECADES!!! The appeal process is deliberately confusing to discourage people from fighting back!!!

This happens all the time. Companies know that if they say \

That makes so much sense! I didn't even think about how this would affect their rates. So frustrating they can just lie like this.

Here's what you need to know about the appeal process:\n\n1. File your appeal within 30 days (sounds like you know this)\n2. Prepare evidence that shows you were laid off: emails about company restructuring, performance reviews showing satisfactory work, evidence of the new hire taking over your duties\n3. The appeal hearing is typically done by phone. You'll get a notice with the date and time.\n4. During the hearing, you'll testify under oath, as will your employer's representative\n5. You can question your employer's representative and contest their claims\n6. The Judge will make a decision within 1-2 weeks after the hearing\n\nThe key to winning is showing that your separation was NOT due to any misconduct on your part. If the company was restructuring and eliminated your position, that's a layoff by definition, regardless of what terminology they're using.\n\nAlso, if you're having trouble reaching EDD to get any questions answered about your appeal, I recently used a service called Claimyr (claimyr.com) that got me through to an actual EDD agent in less than 30 minutes when I was dealing with my own appeal issues. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Definitely worth it when you need to talk to someone at EDD urgently.

This is super helpful! I hadn't even thought about gathering evidence of the restructuring, but I have emails where my boss discussed the \

wait im confused...what is the difference between fired and laid off? aren't they the same thing? either way ur not working there anymore right? maybe that's why ur claim got denied, u used the wrong term? edd is so picky about these things lol

They're definitely not the same thing! Being fired means you were terminated for cause - poor performance, misconduct, violating company policy, etc. If you're fired, you're generally NOT eligible for unemployment benefits.\n\nBeing laid off means the company eliminated your position, reduced staffing due to financial reasons, restructured, etc. The separation is NOT your fault, and you ARE eligible for benefits.\n\nThis distinction is crucial for unemployment claims, which is why the employer is trying to reclassify a layoff as termination for cause.

UPDATE: I got through to EDD this morning (after 23 attempts) and spoke with an agent. She said this happens ALL THE TIME and explained that at the appeal hearing, I need to focus on these key points:\n\n1. My duties were reassigned to another employee (proving my job wasn't eliminated for misconduct)\n2. I had no disciplinary actions against me \n3. I was willing and able to continue working there\n\nShe also said to request any personnel records from HR before the hearing, including my most recent performance review. Feeling a bit more hopeful now, but still nervous about the hearing.

good job! thats exactly what u need to focus on. when u get to the hearing make sure u speak clearly and don't let the employer talk over u. my hearing was like 45 mins and they asked me like 20 questions. write down all ur points before u call in so u dont forget anything important!!!

I went through this when my retail manager position was eliminated but corporate told EDD I was fired for \

I just emailed HR requesting my complete personnel file - thank you for that tip! I hadn't thought about making a timeline, but that's a great idea since there were several meetings and emails about the \

Be prepared for a LONG WAIT! I filed my appeal in February and didn't get a hearing until MAY!!! That's THREE MONTHS with no income! EDD does this ON PURPOSE to make people give up! Make sure you keep certifying every two weeks even while your appeal is pending - if you win, they'll pay all those weeks retroactively. But it's RIDICULOUS how they make us SUFFER while waiting!!

This is true, appeal hearings are backlogged right now. I've heard they're taking 10-12 weeks in some cases. Keep certifying for benefits each week while you wait.

One more important tip: During your appeal hearing, if the employer says you were fired for poor performance, immediately ask the judge to have the employer provide documentation of warnings, write-ups, or performance improvement plans. If they can't produce these, it strongly supports your case that this was a layoff disguised as a termination. \n\nAlso, if they mention that they hired someone new to take over your duties, that's actually helpful for your case - it proves your position wasn't eliminated due to misconduct but for other reasons (likely financial).\n\nFinally, continuing to certify while waiting for your appeal is critical. If you win, you'll get all those back payments, which can be a significant amount depending on how long the appeal process takes.

This advice is gold! I will definitely ask about documentation if they claim performance issues. My annual review from just 3 months ago rated me as

I'm so sorry you're going through this - it's incredibly stressful when you're already dealing with job loss and then have to fight for benefits you've rightfully earned. I went through a similar situation last year when my company "restructured" my department (aka laid off half of us to cut costs) but then tried to claim I was terminated for cause. Here's what worked for me: Document EVERYTHING. I mean everything - emails about the restructuring, any mentions of cost-cutting, communications about your replacement, even informal conversations if you can recall dates and witnesses. The more evidence you have that this was a business decision rather than performance-related, the stronger your case. Also, don't be intimidated by the hearing process. The administrative law judge has seen this scenario countless times and they know the difference between legitimate misconduct and employers trying to avoid paying into the unemployment system. Stay calm, stick to the facts, and let your documentation speak for itself. One thing that really helped me was creating a simple timeline leading up to my separation - when the restructuring was announced, when duties were reassigned, when I was told my position was eliminated, etc. It painted a clear picture that this was a layoff disguised as a termination. You've got this! The fact that you have a recent positive performance review and evidence of your duties being reassigned to someone else puts you in a really strong position. Keep us updated on how the appeal goes!

I'm so sorry you're dealing with this - it's such a common tactic by employers to try to avoid paying unemployment taxes. The good news is that based on everything you've described, you have a very strong case for your appeal. One thing I wanted to add that I haven't seen mentioned yet: if your company offered you any kind of severance package when they let you go, make sure to bring documentation of that to your hearing. Severance is typically only offered for layoffs, not terminations for cause. If they gave you severance but are now claiming you were fired for misconduct, that's a major contradiction that will help your case. Also, when you're preparing for the hearing, practice explaining your situation in simple, clear terms. Something like: "I was laid off because the company restructured and eliminated my position. My duties were given to a new employee who they could pay less. I received positive performance reviews and had no disciplinary actions against me." Keep it factual and don't get emotional, even though this situation is incredibly frustrating. The fact that you worked in the same field for 15+ years with no issues speaks volumes about your work ethic. Hang in there - most people who appeal these types of wrongful denials end up winning when they have documentation like you do. You've paid into this system for decades and you absolutely deserve these benefits!

I'm really sorry you're going through this stressful situation, but you're definitely not alone and you have a strong case based on what you've described. I went through something very similar about two years ago when my company "downsized" my department but told EDD I was fired for performance issues. A few things that really helped me win my appeal: 1. **Get everything in writing from your former employer** - Request your complete personnel file, including performance reviews, any disciplinary records (there shouldn't be any), and your separation notice. In California, employers are required to provide this within 30 days. 2. **Document the restructuring** - Any emails, memos, or announcements about company restructuring, cost-cutting measures, or departmental changes will be crucial evidence. The fact that your duties were assigned to a cheaper new hire is actually perfect proof this was a business decision, not misconduct. 3. **Prepare a witness list** - That coworker who overheard the conversation about hiring someone cheaper could be incredibly valuable. The judge can allow witness testimony during the hearing. 4. **Know your rights during the hearing** - You can ask questions of the employer's representative and challenge their claims. If they say you were fired for poor performance, immediately ask them to provide documentation of warnings or disciplinary actions. The burden of proof is on your employer to show misconduct occurred. Replacing someone with a cheaper employee is not misconduct - it's a layoff. You've got this! Keep us updated on how your appeal goes.

I'm so sorry you're dealing with this nightmare - it's infuriating when companies pull this kind of dishonest move after years of loyal service. But based on everything you've shared, you actually have a really solid case for your appeal. One thing I wanted to mention that might help: if you have any documentation showing they posted your old position or hired someone to do similar work after letting you go, that's golden evidence. It proves they didn't eliminate the role due to performance issues - they just wanted someone cheaper to do it. Also, when you're gathering evidence, don't forget about any exit interview notes or HR communications. Sometimes companies slip up and use language like "position eliminated" or "restructuring" in their own documentation, which directly contradicts their claim that you were fired for cause. The appeal process is stressful but you're doing all the right things. The combination of your positive performance review, the severance payment, and evidence of your duties being reassigned to someone else makes their "fired for misconduct" story look really weak. Administrative judges see right through these tactics. Stay strong and keep fighting for what you've rightfully earned after 30+ years of paying into the system. You've got a whole community here rooting for you!

I'm really sorry you're going through this - it's such a betrayal after 15+ years of dedicated service. What your employer is doing is unfortunately very common, but the good news is that you have an extremely strong case based on everything you've described. A few additional things to consider as you prepare your appeal: **Documentation to gather:** - Any company-wide emails about "cost-cutting initiatives" or "operational efficiency" - Your job description vs. the new hire's responsibilities (if available) - Any communications mentioning budget constraints or salary savings - Screenshots of your company's careers page if they post similar positions **Key points for your hearing testimony:** - Emphasize that you were "willing and able" to continue working - this is the legal standard - Mention the 15+ years of employment with no disciplinary issues - Clearly state that your position was eliminated and duties reassigned, not that you failed to perform **Questions to ask the employer's rep during hearing:** - "Can you provide documentation of any written warnings or performance improvement plans?" - "Was the decision to separate [your name] related to company restructuring or budget considerations?" - "Has someone else been assigned the duties previously performed by [your name]?" The fact that you received severance, have a recent positive review, and your duties were reassigned to someone cheaper makes this a textbook wrongful denial. Most judges rule in favor of the employee in cases like this when the evidence is clear. You've got this! Keep fighting for what you've rightfully earned.

Wow, finding that job posting for a "Healthcare Operations Coordinator" with your exact duties but lower pay is absolute GOLD for your case! That's smoking gun evidence that completely destroys their "fired for misconduct" narrative. No company posts the same job with lower pay after firing someone for poor performance - they eliminate positions after layoffs to cut costs. Make sure to screenshot that job posting ASAP before they take it down, and print out copies for your hearing. Also grab a screenshot of the date it was posted. This single piece of evidence probably makes your case a slam dunk. I've been following your updates and you're building such a strong appeal case. Between the severance payment, positive performance review, CEO email about "operational efficiency," witness testimony about cost-saving, and now this job posting - the employer is going to have zero credible defense for their misconduct claim. One more tip: when you present this job posting evidence during your hearing, phrase it something like "Your Honor, this job posting proves the employer did not eliminate my position due to my performance, but rather to hire someone at a lower salary to perform the identical duties." Keep it simple and let the evidence speak for itself. You should be really proud of how thoroughly you're preparing for this. After 30+ years of paying into the system, you absolutely deserve these benefits and you're going to get them. Can't wait to hear about your victory!

This whole thread has been incredibly helpful to read through! As someone who went through a similar appeal process last year, I wanted to add one more piece of advice that really helped me: make sure to keep detailed records of your job search efforts while waiting for your appeal hearing. Even though you're fighting a wrongful denial, EDD still requires you to show that you're actively looking for work during the appeal process. I kept a simple spreadsheet with dates, company names, positions applied for, and contact information. This isn't directly related to winning your appeal, but it ensures you meet all the ongoing requirements for benefit eligibility. Also, based on all the evidence you've gathered (especially that job posting - wow!), you have one of the strongest cases I've seen posted here. Your employer's story is going to fall apart completely when faced with documentation showing they hired someone cheaper to do your exact job just two weeks later. The administrative judge will see right through their attempt to avoid paying unemployment taxes. You've done amazing preparation work and I'm confident you're going to win this appeal. Looking forward to your victory update next week!

I'm so sorry you're dealing with this incredibly stressful situation, but I have to say - reading through your updates, you've built an absolutely bulletproof case for your appeal! As someone who works in HR (though not for EDD), I can tell you that what your employer is doing is unfortunately very common, but also very transparent to anyone who knows what to look for. The combination of evidence you've gathered is textbook proof of a layoff disguised as termination: • Recent positive performance review (shows no misconduct) • Severance payment (companies don't give severance for "firings") • Duties reassigned to cheaper new hire (proves position wasn't eliminated) • CEO email about "operational efficiency" (shows business decision) • Job posting for identical role at lower pay (smoking gun evidence!) That job posting alone would probably win your case, but having all of this documentation together makes it impossible for the employer to maintain their misconduct claim with any credibility. One small addition to your preparation: if you have any photos or documentation of company awards, recognition, or positive feedback over your 15+ year career, bring a couple examples. It reinforces the narrative that this was a good employee who was eliminated for cost reasons, not performance. You should feel really proud of how thoroughly you've prepared. This is exactly how you fight back against employers who try to cheat the system. Can't wait to hear about your victory next Thursday!

Reading through this entire thread has been both heartbreaking and inspiring. Heartbreaking because it's clear how common this practice is - employers lying about layoffs to avoid paying unemployment taxes - and inspiring because of how thoroughly you've prepared to fight back. I went through something similar about 5 years ago when my company "eliminated my position" but told EDD I was fired for attendance issues (completely false - I had perfect attendance). The stress of fighting it while already dealing with job loss and financial pressure was overwhelming. What really struck me about your case is how systematic and thorough you've been in gathering evidence. That job posting you found is absolutely devastating to their argument - I've never seen such clear-cut proof that a company was lying about the reason for separation. Combined with your severance payment, positive performance review, and witness testimony, this feels like one of the strongest cases I've seen on this forum. One thing that helped me during my hearing was remembering that the administrative law judge has seen this exact scenario hundreds of times. They know the difference between legitimate terminations and cost-cutting measures disguised as misconduct claims. Trust in the process and let your evidence speak for itself. You've turned what could have been a devastating denial into a masterclass on how to appeal wrongful unemployment decisions. Win or lose (though I'm confident you'll win), you should be proud of how you've advocated for yourself. Best of luck on Thursday - we're all rooting for you!

I'm so sorry you're going through this stressful situation - it's absolutely infuriating when companies try to pull these kinds of dishonest tactics after years of loyal service. But I have to say, reading through all your updates, you've built an incredibly strong case that should definitely result in a successful appeal. As someone who's been following unemployment law cases for a while, I can tell you that the combination of evidence you've gathered is textbook proof of wrongful denial: • The job posting for identical duties at lower pay is probably the strongest single piece of evidence I've ever seen in one of these cases • Your recent positive performance review directly contradicts any misconduct claims • The severance payment proves this was a layoff, not a termination for cause • Having a witness who heard conversations about cost-saving makes their story even harder to defend The fact that you've been so methodical about documentation shows exactly how workers need to fight back against employers who try to game the system. Companies get away with this because most people don't know how to properly appeal or don't have the energy to fight while dealing with job loss. Your hearing is coming up soon and I'm confident you're going to win decisively. After 30+ years of paying into unemployment insurance, you absolutely deserve these benefits. The administrative judge is going to see right through your employer's attempt to avoid their tax obligations. Keep us posted on how Thursday goes - this thread is going to be such a valuable resource for others facing similar situations!