EDD denied my claim saying I quit, but I have texts proving I was laid off - appeal disappeared?
I'm at my wit's end with this EDD nightmare. I was laid off in August from my job at a small marketing agency. My boss specifically texted me saying "Due to budget constraints, we have to let you go effective immediately" and "This is a layoff, not a termination for cause." I saved all these messages. When I filed for unemployment, EDD sent me a notice saying I was disqualified because my employer claimed I QUIT voluntarily! I immediately sent an appeal letter with screenshots of the text messages proving I was laid off. That was over 8 weeks ago, and I've heard NOTHING back. No hearing date, no acknowledgment, nothing. My rent is due in 3 days and I still haven't found another job. Has anyone dealt with an employer straight-up lying to EDD? What happens if they just ignore my appeal forever? Do I need to file a new claim? I'm seriously panicking here.
20 comments


Noah Irving
This is actually more common than you'd think. The appeal system can be really slow, but they should have at least acknowledged receiving your appeal. Here's what you need to do: 1. Call EDD directly to confirm they received your appeal and get a status update. Ask for an appeal case number if possible. 2. If they say they never received it, you'll need to send another appeal ASAP via certified mail so you have proof of delivery. 3. Make sure you're still certifying for benefits each week even while waiting for the appeal - this is crucial! 4. In your situation with text evidence, you have a very strong case. The ALJ (Administrative Law Judge) will review those texts during your hearing. I went through almost the exact same situation last year when my company claimed I was fired for misconduct when I was actually laid off in a group reduction. The appeal took 11 weeks but I eventually won.
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Katherine Ziminski
•Thank you so much for the detailed response. I didn't realize I should still be certifying - I thought since I was disqualified there was no point. Should I go back and try to certify for all those weeks I missed or just start now?
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Vanessa Chang
OMG my boss did the EXACT SAME THING to me!!!! She told me in person they were "restructuring" then told EDD I quit to avoid their UI tax going up. Those @#$%&! I had a hearing after like 3 months and won because I had a coworker who testified for me. Call them EVERY DAY until they give u answers!!!!
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Katherine Ziminski
•3 months?? I can't wait that long, I'll be homeless! Did you get backpay for all that time once you won?
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Madison King
have u tried going to ur local EDD office in person? sometimes they can look stuff up on the spot and tell u if ur appeal is even in the system. mine got "lost" twice before i finally got a hearing date.
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Julian Paolo
•This is excellent advice. While not all EDD offices can handle appeal issues directly, they can at least verify if your appeal was received and entered into the system. Always bring copies of everything - your appeal letter, proof of submission, the original disqualification notice, and especially those text messages proving you were laid off. One clarification though - you should definitely be certifying for benefits every two weeks even during the appeal process. If you win your appeal, you can only receive backpay for weeks that you properly certified for, regardless of how strong your case is.
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Ella Knight
I had a similar situation where I was fighting with EDD for 10 weeks trying to get through to someone who could actually help with my appeal. It was impossible to reach anyone by phone - I'd spend hours getting disconnected or told "maximum callers reached." I finally used Claimyr.com to get through to an EDD rep. It costs money, but it connected me to an agent in about 20 minutes when I had been trying for weeks on my own. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I got through, I found out my appeal paperwork was received but sitting in a backlog. The agent was able to add notes to my file and escalate it. Got my hearing date two weeks later.
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William Schwarz
•is that service legit? seems sketchy to pay someone just to make a phone call for you...
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Lauren Johnson
the same EXACT thing happened to me last year!!! my boss fired me then told edd i quit so they wouldn't have to pay. you need to keep certifying every 2 weeks even if u think ur disqualified!!! if u win the appeal you only get paid for weeks u certified! i learned that the hard way and lost like 6 weeks of $$$. also make copies of EVERYTHING and send a second appeal letter with delivery confirmation!!!
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Katherine Ziminski
•This seems to be happening to a lot of people! I definitely won't miss any more certifications. I'm going to send another appeal letter tomorrow with delivery confirmation. It's so frustrating that employers can just lie like this with no consequences.
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Noah Irving
One more important tip: When you do finally get your appeal hearing date, prepare thoroughly. The judge will likely ask your former employer very specific questions about the circumstances of your separation. In cases where there are text messages proving you were laid off, the judges tend to rule favorably for the claimant. Make sure to submit all your evidence before the hearing date (they'll tell you the deadline in your hearing notice). And yes, if you win, you would get backpay - but ONLY for weeks that you properly certified for. For weeks you didn't certify, that money is unfortunately gone, even with a successful appeal outcome.
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Katherine Ziminski
•Thank you for all this information. It's incredibly helpful. I'll start certifying immediately and make sure I have all my evidence organized. Do you know if there's any way to expedite the appeal process due to financial hardship? I'm really worried about making rent while waiting for this to be resolved.
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Madison King
try contacting ur state assembly member!!! they have caseworkers who can help with EDD issues and sometimes get things moving faster. google "[your county] state assembly member" and their office contact info will come up. worked for my sister when her claim was stuck for months.
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Jade Santiago
They cant just ignor your appeal its the LAW that they have to process it but EDD is so backed up it takes FOREVER. My appeal took 14 weeks and I almost got evicted waiting. The system is totally broken!!!
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Katherine Ziminski
•14 weeks is insane! I really hope mine doesn't take that long. Did you do anything special to follow up during that time?
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Julian Paolo
Since you have text messages proving you were laid off, your case is quite strong. When you attend your appeal hearing (which will eventually be scheduled), bring three copies of all evidence: one for yourself, one for the judge, and one for your employer's representative if they attend. In the meantime, here are some important action items: 1. Begin certifying for benefits immediately and every two weeks going forward 2. Contact the Appeals Board directly at 1-800-300-5616 to confirm they received your appeal 3. Send a follow-up appeal via certified mail with all your evidence attached 4. Document all your attempts to contact EDD (dates, times, representative names) 5. As suggested above, contact your state assembly member for assistance Also, apply for any other assistance programs you may qualify for while waiting, such as CalFresh or rental assistance programs through your county.
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Katherine Ziminski
•Thank you for laying this out so clearly. I'll start working through this list today. I really appreciate everyone's help and advice - I was feeling completely lost before posting here.
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Benjamin Kim
I went through something very similar about 6 months ago. My employer also lied and said I quit when I was clearly laid off due to "company restructuring." The most important thing right now is to start certifying for benefits IMMEDIATELY - even though you're disqualified, you need to keep certifying every two weeks or you'll lose out on backpay when you win your appeal. Here's what worked for me: I called the EDD Appeals Board directly at 1-800-300-5616 (not the regular EDD number) and was able to get through after about 45 minutes on hold. They confirmed my appeal was in the system and gave me a case number. If you can't get through by phone, definitely visit your local EDD office in person with all your documentation. Also, don't panic about the 8 weeks - mine took almost 12 weeks but I did eventually get my hearing and won. The text messages from your boss are excellent evidence. Make sure you have multiple copies printed out and organized chronologically. The judge will want to see exactly what was said and when. Hang in there - employers lie to EDD all the time to avoid paying higher unemployment taxes, but when you have clear documentation like you do, the appeals judges usually rule in favor of the employee.
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Rachel Tao
•This is really reassuring to hear from someone who went through the exact same situation! I'm definitely going to call that Appeals Board number you mentioned - I didn't even know there was a separate number for appeals. Did you have to provide any additional documentation during your hearing beyond the initial text messages, or were those sufficient to prove your case? I'm trying to make sure I have everything I might need ready to go.
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NebulaNinja
I'm dealing with almost the exact same situation right now! My employer told EDD I resigned when I was actually laid off due to budget cuts. It's been 6 weeks since I filed my appeal and I'm getting really worried about the silence. Reading through all these responses is both helpful and terrifying - it sounds like this happens way more often than it should. I had no idea I was supposed to keep certifying during the appeal process, so thank you everyone for mentioning that repeatedly. I'm going to start doing that immediately. One question for those who have been through this - when you finally got your hearing, did your employer actually show up to defend their false claim? I'm wondering if some employers just lie initially hoping you won't appeal, but then don't bother showing up to the hearing when they know they'll lose. Also, has anyone had success getting legal help for these cases? I'm wondering if having an attorney would speed things up or make the outcome more certain, especially since my financial situation is getting desperate.
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