Employer appealing after we won EDD appeal - what happens next?

First off, try not to panic too much. I've been through this exact situation and can share what happened. When an employer appeals to the CUIAB board after losing the first appeal, it's called a second-level appeal. The good news is that the Board rarely overturns ALJ decisions unless there was a clear legal error in how the judge applied the law (not just because the employer is unhappy with the outcome). Your husband should continue certifying and collecting benefits during this process. The Board review typically takes 2-3 months, but they just review the existing record and transcripts - no new hearing unless something exceptional happened. Keep all documentation from the first hearing organized just in case. The most important thing: the burden is now on the employer to prove the judge made a legal error, not just that they disagree with the outcome. That's a much higher standard to meet.

congrats on winning the first appeal!! thats huge. my brother went thru somethng similar when his boss lied about him stealing (he didnt). the 2nd appeal is mostly BS in my opinion, companies just trying to avoid UI tax increases. my brothers employer lost again with the board. just keep all ur paperwork!!!

Trust me, I know EXACTLY what your going through right now. The anxiety is the worst part. Here's what you need to know - the CUIAB board is looking for LEGAL ERRORS in how the judge applied unemployment law, not rehearing the whole case. They uphold something like 80-85% of ALJ decisions in the employees favor. The employer has to prove the judge messed up the law, not just that they disagree. BUT be prepared for potentially months more waiting. My second appeal took almost 4 months to resolve (this was in 2024). Keep all your hearing paperwork and the judge's decision in a safe place. If your husband hasn't already, he should create an account on the CUIAB website to track the appeal status. Most importantly - YES, keep certifying every two weeks and collecting benefits. If (unlikely) the decision gets reversed, there would be an overpayment, but you can request a waiver in that case if it would cause financial hardship.

THE SYSTEM IS RIGGED!!!! These companies always want to fight unemployment even when THEY ARE WRONG just to save a few $$$ on their unemployment insurance rates!!!! My previous employer did the same thing and dragged me through 3 hearings over 6 months!!! I won in the end but the stress nearly gave me a heart attack!!! The EDD judges usually side with employees on these second appeals FROM WHAT I'VE SEEN but the wait time is BRUTAL!!!!

Congratulating on winning the first appeal! That's usually the hardest one. Now the appeal goes to the board, but if the administrative law judge ruled in your favor based on testimony and evidence, those findings are given a lot of weight. They'll likely affirm unless there was a misapplication of the law. Keep all your paperwork and continue certifying for benefits, and stay patient. It's frustrating but these things do come to an end eventually.

One thing I forgot to mention - while you're waiting on the CUIAB decision, your husband should absolutely be documenting his job search efforts VERY carefully. Make sure he's meeting the work search requirements and keeping detailed records. If you do end up at another hearing, they sometimes look at this, and it shows good faith.

Just went thru this last month. Take a deep breath. The CIUAB usualy confirms the first desision if the judge found facts that support it. My old job tried to say I was fired for misconduct (lies!) and after I won they apeeled but lost again because the boared said the judge made the right call based on evidence.

You should know the ENTIRE appeals system is backed up like CRAZY this year!!! My second appeal took 5 MONTHS to resolve!!! The EDD is IMPOSSIBLE to reach about this stuff too!!! I spent DAYS trying to get through to ask about my appeal status!!!

Another important thing to know: if your husband eventually found new work during this waiting period, he should report his earnings accurately when certifying. Sometimes people think they should stop certifying completely when they find part-time work, but that's not correct - you just report the earnings and may still get partial benefits depending on how much he's making.

i forgot to say my brothers case took like 3 months for the board to decide, and they sent the decision by mail not online which was weird. but yeah he won and kept all his benefits. ur husbands case sounds way stronger than my brothers even was honestly

I'm so sorry you're going through this stress - I know exactly how exhausting the appeals process can be. I went through a similar situation last year when my employer appealed after I won my initial hearing. The good news is that the CUIAB board upholds the majority of ALJ decisions, especially when there's clear evidence like in your case. One thing that really helped me was keeping a detailed timeline of everything - dates of hearings, when decisions were mailed, when appeals were filed, etc. It helped me feel more in control of the situation. Also, don't hesitate to reach out to your local assembly member's office if the process drags on too long - they sometimes have constituent services that can help check on appeal status. Your husband's case sounds really strong given that the judge found their evidence "inconsistent and unpersuasive." That's pretty damning language that the board will likely respect. Hang in there - this too shall pass!

I went through this exact scenario with my former employer in 2023, and I totally understand your anxiety! The second-level appeal to CUIAB is definitely nerve-wracking, but try to take comfort in knowing that most of these appeals by employers are really just them trying to avoid paying higher unemployment insurance taxes rather than having any real legal merit. Since you already won at the ALJ level with such strong language from the judge calling their evidence "inconsistent and unpersuasive," you're in a really good position. The CUIAB board gives significant deference to the administrative law judge's factual findings, especially when credibility was an issue (which it clearly was in your case with conflicting witness stories). Keep certifying for benefits - that's crucial. Even if the unlikely happens and the decision gets reversed, you can request an overpayment waiver based on financial hardship. But honestly, given the strength of your case and the judge's clear findings, I'd be very surprised if the board overturns this. The waiting is the hardest part, but you've already gotten through the most difficult hurdle. Stay strong and keep documenting everything!

I completely understand your anxiety - the whole appeals process is incredibly stressful! I went through a similar situation about two years ago when my former employer appealed after I won my initial hearing. The good news is that you're in a much stronger position than you might think. When the CUIAB board reviews these cases, they're specifically looking for legal errors made by the administrative law judge, not re-evaluating the facts. Since your judge found their evidence "inconsistent and unpersuasive" and you had witnesses with conflicting stories, that's a factual determination that the board rarely overturns. A few practical tips that helped me: 1) Keep a folder with all your appeal documents organized by date, 2) Continue certifying every two weeks religiously, 3) Check the CUIAB website periodically for status updates, and 4) try to stay busy with job searching to keep your mind off the waiting. The statistics are on your side - the vast majority of these employer appeals fail at the board level. Your case sounds really solid based on what you've described. I know it's easier said than done, but try not to let this consume your thoughts. You've already won the hardest battle!

I'm so sorry you're dealing with this additional stress after already going through months of uncertainty! I went through a very similar situation about 18 months ago, and I completely understand that sinking feeling when you get that second appeal notice. Here's what helped me get through it: The CUIAB board is really looking at whether the judge made any legal mistakes in applying unemployment law, not whether they agree with the employer's version of events. Since your judge specifically called their evidence "inconsistent and unpersuasive," that's a pretty strong factual finding that's hard to overturn. My employer also appealed after I won, claiming the judge "misunderstood the safety violation." But the board upheld the decision after about 10 weeks, noting that the ALJ had properly evaluated witness credibility and applied the law correctly. The key thing is that they had zero documentation - that really hurts their case at every level. Definitely keep certifying and collecting benefits during this time. I was terrified about potential overpayment too, but my case worker told me that's exactly what you're supposed to do. If something did get reversed (very unlikely in your situation), there are hardship waivers available. The waiting is brutal, but you've already cleared the biggest hurdle. Most of these second appeals are just employers trying to avoid higher UI tax rates. Stay strong - you've got this!

I'm really sorry you're going through this stressful situation! I went through something very similar about 8 months ago when my former employer appealed after I won my initial hearing for wrongful termination. The anxiety is absolutely the worst part, but I want to reassure you that you're in a much better position than it might feel right now. The fact that the judge specifically used language like "inconsistent and unpersuasive" is actually really strong in your favor. That kind of credibility finding by the ALJ carries a lot of weight with the CUIAB board. They're not going to re-hear testimony or evaluate witnesses again - they're just looking at whether the judge made any legal errors in applying unemployment law to the facts. In my case, my employer claimed I was fired for "insubordination" but had zero written warnings or documentation. The judge ruled in my favor, employer appealed, and the board upheld the decision after about 12 weeks. The board basically said the ALJ properly evaluated the evidence and applied the law correctly. Keep certifying religiously every two weeks - that's crucial. I was terrified about potential overpayment too, but even if the worst happened (which is very unlikely), there are hardship waivers available. The fact that your husband has been applying to jobs and documenting his work search also shows good faith compliance. Try to remember that most of these second appeals are just employers trying to reduce their unemployment insurance costs, not because they have strong legal grounds. You've already won the hardest battle - hang in there!

I went through this exact situation about 6 months ago and totally understand your stress! The good news is that second-level appeals to CUIAB have a pretty low success rate for employers, especially when the ALJ made strong factual findings like yours did. The board is really just looking for legal errors in how the judge applied unemployment law, not re-evaluating whether they like the employer's story better. The phrase "inconsistent and unpersuasive" is actually really powerful language that shows the judge carefully evaluated credibility - that's exactly the kind of factual determination the board rarely overturns. My employer also appealed after I won my initial hearing (they claimed "misconduct" with zero documentation), and the board upheld my case after about 10 weeks. Definitely keep certifying every two weeks - that's what you're supposed to do during the appeal process. I was worried about overpayment too, but even in the unlikely event the decision gets reversed, you can request a hardship waiver. Most of these second appeals are honestly just employers trying to avoid higher UI tax rates rather than having real legal merit. You've already cleared the biggest hurdle by winning the first hearing with such strong language from the judge. The waiting is brutal, but try to stay focused on job searching and remember that the statistics are very much in your favor. You've got this!

I'm so sorry you're dealing with this additional stress after already winning your first appeal! I went through something very similar about a year ago when my employer appealed to CUIAB after I won my initial hearing. The anxiety is absolutely brutal, but I want to share what I learned that might help ease your mind a bit. The CUIAB board has a much higher standard for overturning ALJ decisions - they're specifically looking for legal errors in how unemployment law was applied, not just disagreeing with the outcome. The fact that your judge used such strong language calling their evidence "inconsistent and unpersuasive" is actually a really good sign. That's the kind of credibility finding that carries serious weight with the board. In my case, the employer claimed I was terminated for "performance issues" but had zero documentation to back it up (sound familiar?). The board upheld the ALJ decision after about 11 weeks, basically saying the judge properly evaluated the evidence and applied the law correctly. Definitely keep certifying and collecting benefits during this process - that's exactly what you're supposed to do. I was terrified about potential overpayment too, but my case worker assured me that's the correct procedure. Even in the unlikely event something gets reversed, hardship waivers are available. Most of these second appeals are honestly just employers trying to avoid higher UI tax rates rather than having real legal grounds. You've already won the hardest battle - try to stay focused on your husband's job search and remember that the odds are very much in your favor. Hang in there!