Fighting an EDD disqualification - do I need a lawyer?

I used a lawyer for my appeal hearing last year and it was WORTH EVERY PENNY! I was facing a similar situation (constructive discharge that EDD labeled as voluntary quit) and had to fight a $7,200 overpayment. My attorney cost $1,200 but she knew exactly what documents to prepare, what questions would be asked, and how to present my case. We won and I didn't have to repay anything. The consultation was free so you could at least talk to someone before deciding. If you want the name of who I used, DM me.

I won my appeal without a lawyer. If your case is straightforward and you have good documentation, you might be able to handle it yourself. Make sure you have: - Text messages or emails showing your boss changed your hours - Proof of your previous schedule - Any witnesses who can testify about the situation - Your own written timeline of events The administrative law judges are generally fair in my experience. They understand labor law and know that drastically cutting hours can constitute constructive discharge. Just be organized and stick to facts during your hearing.

My cousin had a simular thing happen and she didnt hire a laywer and lost her appeal. Then they made her pay back like $4000 plus a 30% penalty!!! i think it depends how complicated ur case is and if u can talk good at the hearing. some people get nervus and cant explain there side good.

Have you tried contacting EDD to just discuss your case? I know their phone lines are always jammed but I've heard some people have luck using that Claimyr service to get through faster (claimyr.com). They have a video demo here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that shows how it works. Sometimes getting a different EDD rep on the phone can make all the difference - the first person who reviewed my case denied me but when I finally reached someone else they were much more understanding of my situation and actually helped correct it without needing the formal appeal.

Sorry you're dealing with this! What your employer did is called "constructive discharge" - basically forcing you to quit by making conditions impossible. I went through a similar situation in 2024 and represented myself at the appeal hearing. Here's what helped me win: 1. I brought a witness (my coworker) who confirmed the schedule change 2. I had copies of my old schedule vs. new schedule 3. I documented every conversation with my manager about my childcare constraints 4. I cited specific CA labor cases about constructive discharge The judge ruled in my favor because I proved I had no reasonable alternative. The hearing was intimidating but not as formal as a regular court. Your employer will likely be there to tell their side too.

It depends on how complex your case is, but I'll share what I've learned from working with unemployment cases. A reduction from 40 hours to 8 hours is a material change in employment terms that often qualifies as good cause to leave, especially when combined with shift changes that conflict with childcare. This falls under constructive discharge. Representing yourself is definitely possible if you: 1. Stay organized with documentation 2. Keep your testimony clear and emotional-free 3. Focus on the facts of your work schedule change and childcare constraints 4. Emphasize that you attempted to make it work but it was not viable In your specific situation with $5,800 at stake, a consultation with an employment attorney might be worthwhile. Many offer free initial consultations. Legal aid organizations sometimes help with unemployment appeals for free if you qualify financially.

DONT GET A LAWYER!! Complete waste of money!!! The EDD system is RIGGED anyway. My lawyer charged me $850 and we still lost the appeal. The judges always side with EDD no matter what evidence you bring.

One thing nobody has mentioned - check if your former employer is even going to contest the appeal. Sometimes they don't bother showing up to the hearing, which makes it MUCH easier to win your case. You could potentially call your former HR department (not your boss) and ask if they plan to participate in the appeal hearing. If they don't, self-representation becomes much more viable.