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!