Employer appealing my harassment-based EDD approval - might have to repay benefits?

First, take a deep breath. This happens more often than you'd think. Your employer has the right to appeal, but that doesn't mean they'll win. The fact that EDD already approved you after reviewing your evidence is a strong point in your favor. You'll need to attend a hearing (probably over phone these days) with an Administrative Law Judge (ALJ). Before the hearing: 1. Organize ALL your evidence chronologically 2. Make copies of everything you previously submitted 3. Prepare a timeline of events with specific dates 4. Think about what witnesses might support your case You don't necessarily need a lawyer, but if you can afford a free consultation with an employment attorney, it might help. The hearing is formal but not like a regular court - the ALJ will ask questions to both sides. Be prepared to clearly explain why the workplace situation was so intolerable that any reasonable person would quit. That's the legal standard they use - not just that it was unpleasant, but that it was so bad any reasonable person would feel they had no choice but to quit.

OMG this EXACT same thing happened to me last year!!! my boss was a total nightmare (sexual comments, changing my schedule as punishment, taking credit for my work) so i finally quit after documenting EVERYTHING. edd approved me but then my ex-employer appealed it too. i was TERRIFIED about the hearing but honestly? the judge was super fair and my old company didn't even have good arguments. they just kept saying stuff like "well she could have talked to different managers" but i had proof i went to HR three times!!! i won my appeal and kept all my benefits. just be super organized, speak clearly, and DON'T let them interrupt you during the hearing. and never EVER admit to anything that makes it sound like you quit for convenience. stick to your harassment claims and have specific examples ready!!! you got this!!!

While everyone here is giving you good advice about preparing for the hearing, I want to address something practical that might help with your anxiety. Even if you did lose the appeal (which sounds unlikely given your evidence), EDD typically offers payment plans for overpayments. They don't usually demand the entire amount immediately. In extreme financial hardship cases, you can also file for an overpayment waiver if it comes to that. The form is DE 1446W. I'm not saying you'll need this - just mentioning it so you know there are options even in worst-case scenarios. For the hearing itself, here's what works: specific dates, specific incidents, specific people involved. Vague statements about a "toxic environment" won't be as compelling as "On March 12, 2025, my supervisor John texted me at 11pm saying [specific inappropriate comment]." Also, save any new evidence you receive between now and the hearing. Sometimes employers dig themselves into holes by sending additional inappropriate messages even after you've left.

just wondering but did u tell ur employer u were quiting cuz of harrasment? sometimes if u dont tell them the REAL reason when u quit they can use that against u in the appeal. they might say "she never mentioned harrasment when she quit so shes making it up now"

The EDD appeal system is RIGGED against workers!!! I went through this same garbage last year and even with MOUNTAINS of evidence the judge still sided with my employer. These judges are NOT impartial - they protect businesses and the tax base. I had recordings, emails, everything, and they still claimed I quit without "good cause." Don't trust ANYONE at EDD to have your back. They approved you initially because they approve almost everyone, then they let employers claw it back. The whole system is designed to LOOK fair while actually protecting businesses. Get a lawyer if you can afford one. Legal aid might help if you can't. But do NOT go in thinking the system is fair because it is NOT.

As bad as it is dealing with an appeal, at least EDD actually approved your initial claim. I've been trying to get through to an EDD rep for TWO WEEKS to resolve an identity verification issue. Can't get past the "we're experiencing high call volume" message no matter what time I call. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 25 minutes after trying on my own for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Might be worth keeping in your back pocket if you need to talk to EDD about anything regarding your appeal process. Those phone lines are impossible otherwise.

One thing nobody's mentioned yet: bring a witness if possible! If any coworkers witnessed the harassment or if you told friends/family about it when it was happening (creating contemporaneous evidence), see if they would be willing to testify at your hearing. Also, California recognizes "constructive discharge" - which basically means conditions were so intolerable that quitting was your only reasonable option. Since EDD already approved you, they initially agreed the harassment met this standard. Make sure to look at the employer's appeal documents closely - they'll show what specific arguments they're making against your claim. This lets you prepare counterarguments. Good luck!

Another practical tip: during the hearing, answer only what's asked and don't volunteer additional information that might complicate your case. The ALJ will ask specific questions to determine if you had "good cause" to quit. If you find yourself getting emotional (which is completely understandable), pause, take a breath, and refocus on the facts. Stick to your timeline and documentation rather than expressing how unfair the situation feels. The majority of these cases hinge on whether you took reasonable steps to resolve the situation before quitting. Make sure you highlight all attempts to address the issues through proper channels (HR, management, etc.) before you felt forced to resign.

One last important thing - check your mail and EDD account DAILY while waiting for your hearing notice. They sometimes give only 10 days' notice for hearings, and if you miss it, the judge will likely rule against you by default. Make sure EDD has your current phone number and address. If you need to request a postponement for any reason, do it immediately in writing. They rarely grant postponements requested less than 3 days before the hearing. Also, you have the right to request all evidence your employer has submitted for the hearing. Do this ASAP so you know exactly what you're responding to.