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EDD denied my claim after boss's verbal abuse - appeal hearing timeline?

I left my retail management position back in January after my boss repeatedly screamed at me in front of customers. The final incident was when she called me incompetent and used profanity because I scheduled an employee for 36 hours instead of 32. I sent a formal resignation email that night explaining the hostile work environment. When I applied for unemployment, EDD denied my claim saying I quit without good cause. According to my former employer, I resigned after receiving a 'final written warning' and they claimed there were previous verbal warnings (completely fabricated). The district manager who supposedly issued these warnings is actually the owner's brother-in-law who sits 10 feet away and has witnessed all her outbursts without intervening. I filed an appeal in February and I'm STILL waiting for a hearing date in June. Has anyone been through the appeal process? What's the typical timeline for getting a hearing scheduled? I've since found another job (started in May), but I'm still pursuing this for the 3 months of backpay I believe I deserve. How strong is my case with this type of verbal abuse situation?

I went through an appeal for a similar situation last year. My timeline: denied in September, filed appeal immediately, hearing finally scheduled in December (about 3 months). From what I've seen, 3-4 months waiting for a hearing is pretty standard right now. The good news is that if you win, you'll get all back pay for the eligible weeks, even though you're working now. For your actual case - hostile work environment claims can be tricky. Did you document the verbal abuse incidents? Any witnesses or coworkers who can corroborate? The judge will want specific examples with dates, not just general statements about yelling. If it's just your word against the employer's, they may favor the employer unless you can prove a pattern of abuse.

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Thanks for the timeline info! Yes, I have text messages to a coworker after two of the incidents describing what happened right after they occurred. I also have an email I sent to HR (which they never responded to) documenting one incident where my boss threw a clipboard across the room while yelling. And three customers actually complained to corporate about how my boss spoke to me during the final incident - I'm trying to get copies of those complaints. Do you think that's enough evidence?

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omg 3-4 MONTHS for a hearing??!! that is insane. i filed an appeal in march and still havent heard anything either. this whole system is broken

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I hate to be the bearer of bad news, but EDD tends to side with employers in these cases unless you have ROCK SOLID proof of the abuse. They basically want to see that you tried everything possible to resolve the situation before quitting. Did you file any formal complaints with HR? Did you try transferring to another department? Did you attempt to address the issue with upper management? If the answer is no to these questions, EDD often rules it was a voluntary quit without good cause. BUT! If you can prove your work environment was truly hostile and affecting your health (mental or physical), you might have a chance. The judge will want to see that you made reasonable efforts to preserve your employment before quitting.

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This isn't entirely accurate. I won my appeal in a similar situation. The law says you need to make a "reasonable effort" to preserve employment, but that doesn't always mean going to HR or upper management. If your direct supervisor is creating a hostile environment and going to HR isn't a reasonable option (like in a small company where HR isn't independent), judges can be understanding. Each case is evaluated on its specific facts.

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DONT GIVE UP ON YOUR APPEAL!!!! The EDD system is DESIGNED to reject first and make you fight for benefits hoping you'll just give up. My hearing took 5 MONTHS to get scheduled but I WON and got $8200 in backpay even though I had already started working at a new job. The judges are actually way more fair than EDD initial claims examiners. My boss was also verbally abusive and lied about giving me warnings. Bring ANY evidence you have - texts, emails, witnesses. The judge in my hearing called out my ex-employer for inconsistencies in their story.

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That's really encouraging to hear! Did you have a lawyer or did you represent yourself? I'm debating whether I need legal help or if I can handle it on my own. Also, were you nervous during the hearing? I'm worried I'll get flustered if they start twisting my words.

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My cousins neighbor had almost the same thing happen and she got her appeal approved after like 4 months. Just make sure you keep certifying for the weeks you were unemployed even while waiting for the appeal decision. You don't wanna lose out on backpay because you stopped certifying

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Wait, I think I've been doing this wrong! I stopped certifying after I started my new job in May. Do I need to go back and certify for the weeks I was unemployed between January and May? Or is it too late now?

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To answer your follow-up question - based on what you described, your evidence seems fairly strong. The customer complaints especially could be valuable as third-party verification. For the hearing itself: 1. You'll get a notice with the hearing date/time about 10-14 days in advance 2. Most hearings are still being done by phone due to backlog 3. Prepare a clear timeline of events - write it down 4. Have your evidence organized and ready to reference 5. The judge will ask both sides questions, then allow closing statements 6. Be concise and stick to facts - emotional arguments don't work well Regarding certifying - yes, you should have continued certifying for all weeks you were unemployed, even while waiting for appeal. However, you can explain this at your hearing and request retroactive certification if you win. The judge can authorize this.

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THIS! ⬆️ Also, regarding whether you need a lawyer - I didn't use one and won my case. The hearings are designed to be navigated without attorneys. Just be organized and factual like the previous comment said. And don't get baited into arguments with your former employer - stay calm and professional even if they lie.

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I think your case actually has a decent chance. EDD's definition of "good cause" for quitting includes situations where continuing employment would be detrimental to your health/wellbeing. Verbal abuse can qualify if it was severe/persistent. In my hearing, the judge was very concerned with whether I had made reasonable efforts to resolve the situation before quitting, but they recognized that in some toxic workplaces, going to HR isn't actually a viable option. Make sure you can articulate: 1. The specific incidents of abuse (dates, what was said, context) 2. Why you felt you couldn't resolve it internally 3. How it was affecting your wellbeing 4. Why your resignation was the only reasonable option Consistency is key - stick to the facts and don't exaggerate.

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This is incredibly helpful, thank you! I've been documenting everything but wasn't sure how to present it. I'll definitely focus on these points when preparing. The part about explaining why internal resolution wasn't viable is especially important in my case since the entire management structure was related to each other.

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Just wanted to mention that if you're struggling to get information about your appeal status, Claimyr (claimyr.com) has been a lifesaver for many people. It's a service that helps you actually get through to EDD on the phone instead of hitting busy signals all day. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km I used it to check on my appeal status when I hadn't heard anything for months. Got through to a rep who was able to tell me my hearing was actually scheduled but the notice had been sent to my old address. Would have missed it completely without being able to get through.

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I used this service too after 3 weeks of trying to get through on my own. It's worth it just for the time saved from endlessly redialing. The EDD phone system is practically designed to prevent people from getting help.

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did anyone else notice that the op said their boss's husband was the "general manager" but then later said the district manager was the owner's brother-in-law?? im confused about who's related to who lol

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Sorry for the confusion! My boss was the owner (she owned the franchise location). Her husband was the "general manager" who issued the fake write-up. And her sister's husband was the district manager who oversaw multiple locations. Basically a family business where everyone was related and covered for each other. That's why going to HR wasn't really an option - HR reported directly to the owner (my abusive boss).

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