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