EDD hearing appeals: former employer didn't show up twice but keeps appealing my case

OMG thats ridiculous!!! I'm so sorry ur dealing with this. They sound like complete jerks trying to avoid paying into the unemployment system. I went thru something similar but my employer only appealed once and gave up after they lost. Didn't know they could keep trying over and over????? That seems unfair to workers.

There's actually a limit to how many appeals they can file. After the initial determination and first-level appeal (which is the ALJ hearing), they can appeal to the California Unemployment Insurance Appeals Board (CUIAB). If they lose there, they can file in Superior Court. But it sounds like they've already done that and lost due to no-show. The final step would be the Court of Appeal, but that's extremely rare for unemployment cases. The fact they're not showing up for hearings works strongly in your favor. Each time they don't appear, it weakens their case significantly. Judges don't look kindly on parties wasting court resources. As for repayment - as long as you continue winning these appeals, you won't have to repay benefits. Only if they eventually win AND can prove you were disqualified would repayment come into play.

sum employers r just vindictive tbh. my boss tried this when i got laid off too. they hate paying into the unemployment system and will fight even when they know theyll lose. its total BS

I went through multiple appeals with my former employer too. Here's what I learned: 1. Document EVERYTHING. Keep copies of all hearing notices, decisions, and communications. 2. Be consistent with your testimony each time. 3. If they don't show up again, immediately ask the judge to note their absence and request a decision based on their failure to appear. 4. Contact your local legal aid organization - many offer free assistance with unemployment appeals. Also, check if their latest appeal was filed within the deadline. Each appeal level has strict deadlines (usually 20-30 days from the previous decision). If they missed the deadline, you can ask to have the appeal dismissed. Stay strong - their no-shows are actually making your case stronger!

When I was fighting with EDD about my unemployment, I couldn't get through to ANYONE on the phone. Kept getting the "we're experiencing high call volume" message for WEEKS. Then I found Claimyr (claimyr.com) - it got me connected to an EDD agent in about 20 minutes! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Might be worth using if you need to talk to EDD directly about your employer's repeated appeals. Getting actual clarification from a real person helped me understand my rights in my case. The agent I spoke with explained exactly what my employer could and couldn't do with appeals.

This happened to my sister! her old job kept appealing over and over even tho they were CLEARLY in the wrong. it DOES eventually end, I promise. The system has limits. But its SO stressful waiting it out!!!

Quick update on what you asked about employer appeals: They generally get three shots: 1. Initial determination (which you won) 2. ALJ hearing (which you won when they no-showed) 3. CUIAB appeal (sounds like where you are now) After CUIAB, they'd need to file in Superior Court, which is expensive and time-consuming. Most employers give up before this point, especially if they've already no-showed twice. The fact they're not appearing suggests they're just trying to delay your benefits rather than seriously contesting them. For the CUIAB level, it's often just a paper review of the previous hearing's evidence and transcript - you might not even need to appear. If they haven't presented evidence at previous hearings, they likely have a very weak case at this point.

THE SYSTEM IS RIGGED!! I had an employer who did this THREE TIMES and eventually EDD sided with them even tho they had NO EVIDENCE!!! Don't trust the process!! Keep all ur documents FOREVER and RECORD every conversation!!!!

Based on my experience with the appeals process, I think you're almost at the end. After CUIAB, they'd have to go to Superior Court which requires filing fees and probably hiring an attorney. Most employers don't pursue it that far, especially if they haven't even bothered to show up twice already. It seems they're just being petty at this point.