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?