EDD reopened my appeal case after I already received benefits - will I have to repay?

omg thats crazy. didnt know they could just reopen cases like that?? keep us updated

EDD appeals can be reopened under certain circumstances if the non-appearing party can show 'good cause' for missing the hearing (like documented illness, accident, or incorrect notice). This is actually quite common, though frustrating for claimants who thought their case was resolved. If your employer prevails in this new hearing, then yes, EDD would likely establish an overpayment on your claim and request repayment of benefits already received. However, you can request a waiver if repayment would cause financial hardship, though these are granted selectively. Be sure to thoroughly prepare for this hearing - bring all documentation of your separation (emails, performance reviews, etc.), any communications about the layoff, and be ready to clearly explain why your separation qualifies as a layoff rather than voluntary quit.

The same thing happened to my sister! Her old job didn't show up for the hearing, she got approved, then they reopened it claiming they never got the notice (which was BS). But here's the good news - even when they reopened it, she still won because she had documentation proving she was laid off. Just make sure you have EVERYTHING documented for the hearing.

A quick clarification to what others have said - if you lose the second hearing, EDD will establish a non-fraud overpayment on your account. This means: 1. You would owe the full amount back 2. They can reduce future unemployment benefits by 25% until it's paid 3. They can intercept tax refunds 4. They CANNOT charge you penalties or interest if it's non-fraud 5. You can request a payment plan or hardship waiver The good news is that in reopened cases, the burden is still on the employer to prove you quit rather than being laid off. Since you mentioned having documentation of the restructuring that eliminated your position, you have a strong case.

Try calling EDD to get more details about why the case was reopened. GOOD LUCK getting through though!! I spent 3 weeks calling 50+ times a day trying to reach someone about my disqualification and kept hitting the 'maximum callers' message. I finally used Claimyr (claimyr.com) which got me connected to an EDD rep in about 20 minutes. You can see how it works in their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep I spoke with actually gave me really helpful info about my appeal that wasn't in any of the paperwork. Might be worth it to understand exactly what's happening with your case before the hearing.

Regarding whether to get an attorney - for most EDD appeals, claimants represent themselves successfully. The hearings are designed to be accessible without legal representation. That said, if you're concerned about the complexity or if your employer is bringing legal counsel, you can contact the Legal Aid Foundation in your county, as they sometimes provide free representation for unemployment hearings based on financial eligibility.

The EXACT same thing happened to me last year!!! My employer didn't show up, I won, got paid for 4 months (like $12,400) and then they reopened the case. I was TERRIFIED about repaying but guess what? They didn't show up AGAIN for the second hearing!!! The judge was annoyed and dismissed the case permanently. Maybe you'll get lucky too!

One important tip for your hearing - don't just focus on the fact that your position was eliminated. The judge will also want to know if there were any other positions available that you could have taken instead of separation. Sometimes employers argue that even though restructuring occurred, the employee could have accepted a different role but chose not to (making it potentially a voluntary quit). Be prepared to address whether alternative positions were offered and if so, why they weren't suitable (significant pay reduction, completely different job duties, unreasonable commute, etc.).

That information about the alternative position is CRITICAL to your case. Bring it up proactively and explain why a 90-mile commute with a 30% pay cut wasn't reasonable. This is actually a strong point in your favor - California EDD guidelines specifically state that work is not considered suitable if it involves an unreasonable commute or substantial reduction in earnings compared to your previous position. EDD typically considers a commute over 60-90 minutes each way to be unreasonable, and wage reductions over 20% can also be grounds for refusing work. You should definitely mention this early in your testimony.

does any1 know if they're still recording these hearings over the phone or are they back to in-person? my hearing was during covid so it was over the phone & way less intimidating

UPDATE: I used the Claimyr service someone suggested here and actually got through to EDD! The representative explained that my former employer claimed they had a medical emergency on the day of the first hearing and provided documentation, which is why the judge granted the reopening. The good news is that the EDD rep reviewed my file and said my documentation looks strong, especially the part about them offering only a position with an unreasonable commute and significant pay cut. She said I should clearly explain that during the hearing and bring copies of any emails discussing that transfer offer. Feeling slightly less panicked now. Will update after the hearing next month. Thanks everyone for your help!