Employer appealed my EDD approval after 2 months - will benefits stop before hearing?

Don't panic yet. When an employer appeals, EDD doesn't automatically freeze your benefits while waiting for the hearing. You should continue to receive payments as normal until a decision is made after the hearing (assuming you keep certifying correctly). As for timing, appeal hearings are currently scheduled about 4-6 weeks after they receive the appeal paperwork. The Office of Appeals will send you a Notice of Hearing with the exact date/time at least 10 days before your hearing. Regarding a lawyer - it's not necessary for most people. The Administrative Law Judge (ALJ) will ask questions and guide the process. Just bring any documentation that proves you were laid off rather than fired (emails, termination letter, performance reviews, etc). Be ready to clearly explain the circumstances of your separation.

OMG the same thing happened to me last year!!!! My employer waited nearly THREE months before appealing my claim. I was absolutely terrified but it worked out OK in the end. The hearing wasn't as scary as I thought it would be - just a phone call with a judge who asked questions. But start preparing NOW!!!! Gather ANY emails, texts, performance reviews, etc. that show you weren't fired for misconduct. The burden of proof is on the employer to prove misconduct, not on you to disprove it. Good luck!!!

just make sure u keep certifying every 2 weeks no matter what

Actually, I went through this exact situation in 2024. The key thing to understand is that in California, benefits will continue while an appeal is pending UNLESS the EDD decides to also review your case in light of the employer's new statements. If they do that, they might issue a Notice of Determination that could temporarily pause benefits. For the hearing timeline, mine took 5 weeks to schedule after the employer filed the appeal. The hearing itself was via phone with an Administrative Law Judge (ALJ). You'll want to be prepared with: 1. Your termination documentation 2. Any performance reviews (especially positive ones) 3. Communication about the layoff 4. Witness statements if relevant One thing I learned - the hearing is very focused on the specific reason for separation. If they claim misconduct, be ready to directly address why your actions weren't misconduct under EDD definitions (which are more specific than you might think). I won my case without a lawyer, but if you're dealing with complex misconduct allegations, it might be worth consulting one.

Trying to get through to EDD on the phone to discuss situations like this is nearly impossible with their regular number. I wasted days getting busy signals until I found Claimyr (claimyr.com). They got me connected to an EDD rep within 20 minutes who explained exactly how the appeal process works and what to expect. You can see how it works in their video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep told me that benefits typically continue during appeals unless there's a separate determination made to stop them. They also confirmed that appeal hearings are running about 6-8 weeks out currently.

Yes, if your benefits get temporarily paused during the appeal process but you ultimately win your case, you will receive back pay for all the weeks you were eligible but didn't receive payment. Just make absolutely sure you continue certifying for every two-week period even if your payments are paused. To directly answer your question about witness statements - yes, statements from coworkers who can confirm it was a layoff/position elimination rather than a for-cause termination can be very helpful. Get these in writing if possible.

THE WHOLE SYSTEM IS DESIGNED TO SCREW OVER WORKERS!!! Your employer probably realized their UI insurance rates went up and now they're trying to deny you benefits after the fact. It's completely BS! I've been through THREE appeals with EDD and each time it's weeks of stress and anxiety just so they can protect their bottom line. The hearing officers pretend to be neutral but they're part of the same broken system. Make sure you record the hearing (CA is a two-party consent state so you have to announce it) because they WILL twist your words.

my brother had a appeal and benefits kept coming no problem. took like 2 months to get the hearing date. he won becuz his boss never showed up lol

One more important tip - when you receive your Notice of Hearing (which will come by mail), read it carefully for instructions about submitting evidence. Typically, you need to submit any documents you want considered at least 10 days before the hearing date. If you miss this deadline, the Administrative Law Judge might not accept your evidence. Also, while waiting for your hearing, continue certifying for benefits every two weeks as normal, and continue your work search activities. Document all your job search efforts in detail - this can be important if any questions come up about your continued eligibility during this period.

Just wanted to add that my hearing was done over the phone because of the pandemic, but I think they're doing in-person hearings again now?? Not sure if that's in all counties or what. Has anyone had a hearing recently? Is it in-person or still virtual/phone?

I went through this exact same situation about 6 months ago and I know how terrifying it feels! The good news is that in most cases, your benefits will continue while the appeal is pending. I kept getting my regular payments the entire time until the hearing was resolved. A few things that really helped me prepare: - I made copies of EVERYTHING - my termination letter, final paystub, any emails about the layoff, even my employee handbook - I wrote down a timeline of exactly what happened leading up to my termination - I practiced explaining the situation clearly and calmly The hearing itself was way less intimidating than I expected. It was just a phone call with the judge who asked straightforward questions. My former employer actually didn't even show up, which apparently happens pretty often. Don't let the anxiety consume you - focus on gathering your documentation and you'll be fine! The fact that you have a termination letter stating "position elimination" is huge in your favor.

I'm so sorry you're going through this stress! I had a similar situation last year where my employer appealed after I'd been getting benefits for about 6 weeks. The waiting and uncertainty was the worst part, but I want to reassure you that it's very likely your benefits will continue during the appeal process. One thing that really helped me was calling the EDD Appeals Office directly (not the regular claims line) to confirm my hearing was scheduled and ask any specific questions about the process. The number is harder to find but they were much more helpful than the regular customer service line. Also, start gathering evidence NOW but don't stress too much about getting witness statements unless you think your case is going to be really contested. Your termination letter stating "position elimination" is probably going to be the strongest piece of evidence you have. The hearing really isn't as scary as it sounds - just be honest, stick to the facts, and let your documentation speak for itself. You've got this!

Hey there! I totally understand the panic you're feeling right now - I went through this exact same thing about 8 months ago and it was absolutely terrifying at first. But I want to reassure you that this is actually pretty common and the system is designed to protect you during the appeal process. Here's what happened in my case: My benefits continued without interruption while the appeal was pending. I kept certifying every two weeks and receiving payments normally. The hearing took about 7 weeks to get scheduled, and it was conducted over the phone which made it way less intimidating than I expected. Since you have that termination letter clearly stating "position elimination due to departmental restructuring," you're in a really strong position. That's exactly the kind of documentation that wins these cases. I'd also recommend: - Taking screenshots of any company announcements about layoffs or restructuring if they exist - Checking if you have any emails from HR or management about the layoffs - Writing down the exact sequence of events while it's still fresh in your memory The Administrative Law Judge will mainly focus on whether you were separated through no fault of your own, and your termination letter pretty much proves that. Try not to let the anxiety consume you - focus on gathering your evidence and remember that the burden of proof is on your employer to show misconduct, which sounds like they can't do based on your situation. You're going to get through this! Keep us posted on how it goes.

I went through this same nightmare about a year ago and I completely understand the panic you're feeling right now! The good news is that your benefits should continue while the appeal is pending - mine did, and I kept getting my regular payments throughout the entire process. A few things that really helped me prepare for the hearing: 1. I organized all my documents chronologically - termination letter, final paycheck stub, any performance reviews, emails about the layoff, etc. 2. I wrote out a clear timeline of events leading up to my separation 3. I practiced explaining the situation concisely without getting emotional The hearing itself was much less scary than I anticipated. It was just a phone call with an Administrative Law Judge who asked straightforward questions about what happened. The whole thing lasted maybe 20 minutes. Your termination letter stating "position elimination due to departmental restructuring" is going to be your strongest piece of evidence. That's exactly what you need to prove this wasn't misconduct on your part. One tip - when you get your Notice of Hearing in the mail, make sure to submit all your evidence at least 10 days before the hearing date. Don't wait until the last minute! Try to breathe and remember that the system is actually designed to protect workers in situations like yours. The burden of proof is on your employer to prove misconduct, and based on what you've described, they're going to have a very hard time doing that. You've got this!

I just went through this exact situation last month and want to add a few practical tips that really helped me stay organized during the process: 1. Create a dedicated folder (physical or digital) for all appeal-related documents - you'll be surprised how much paperwork accumulates 2. Set phone reminders for your certification dates - the stress can make you forget routine things 3. If you have any coworkers you're still in touch with, reach out sooner rather than later for witness statements - people's memories fade quickly The waiting period is honestly the hardest part because your mind just spirals with "what if" scenarios. But based on everything you've shared, you have a really solid case. Position elimination due to restructuring is about as clear-cut as it gets for continuing benefits. One thing that gave me peace of mind was calling EDD to confirm they had received the appeal paperwork and that my case was in the queue. Sometimes just having that confirmation helps with the anxiety. Also, don't feel like you need to over-prepare or hire expensive legal help. The Administrative Law Judge is used to dealing with regular people, not lawyers, and they'll guide you through the process. Your termination letter is going to do most of the heavy lifting for your case. Hang in there - this community is rooting for you and you're going to get through this just fine!

I went through this exact same situation about 8 months ago and I completely understand the panic you're experiencing right now! The uncertainty is absolutely the worst part, but I want to reassure you that in the vast majority of cases, your benefits will continue during the appeal process. Here's what helped me get through it: **Immediate relief**: Your benefits should NOT stop while the appeal is pending. I continued receiving my regular payments throughout the entire process, and most people in this situation do too. **Timeline**: My hearing was scheduled about 6 weeks after my employer filed the appeal. The EDD Office of Appeals will mail you a Notice of Hearing at least 10 days before your scheduled date. **Preparation that actually matters**: - Your termination letter stating "position elimination due to departmental restructuring" is GOLD - that's exactly what wins these cases - Write down a chronological timeline of events while everything is still fresh in your memory - Gather any emails, company announcements, or communications about layoffs/restructuring - Don't stress too much about witness statements unless your employer is making very specific misconduct claims **The hearing itself**: Mine was a 15-minute phone call with an Administrative Law Judge who asked straightforward questions. It was way less intimidating than I imagined. The judge just wanted to understand the facts of my separation. **Key point**: The burden of proof is on your EMPLOYER to prove misconduct. Based on your description, they're going to have a very difficult time doing that when you have documentation showing position elimination. You've got this! Keep certifying every two weeks, focus on organizing your paperwork, and try not to let the anxiety consume you. This community is here to support you through the process.