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First EDD Appeal Hearing scheduled - what should I expect?

I just got my notice for my first ever EDD appeal hearing scheduled for March 16th. I'm freaking out because I've never done this before and don't know what to expect. I was disqualified because they said I voluntarily quit, but I was actually laid off due to "restructuring" (which was just their way of getting rid of people without calling it a layoff). Has anyone been through an appeal hearing before? Is it super formal? Should I bring a lawyer? Will the judge be understanding or totally by-the-book? I'm worried I'll say something wrong and mess up my chances. Any advice from someone who's been through this would really help calm my nerves. Also wondering how long after the hearing I'll get a decision? Thanks everyone!!

Aurora Lacasse

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been thru one last year. not as scary as it sounds. just bring proof you didnt quit willingly. they record everything so speak clearly. judge was ok but very serious no joking around.

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Thanks! What kind of proof did you bring? I have some emails but nothing directly saying "you're laid off" - just meeting invites and then the awkward conversation happened verbally.

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Anthony Young

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I went through an appeal hearing in January and can share my experience. The hearing is conducted by an Administrative Law Judge (ALJ) and is somewhat formal, but not like a courtroom drama. It's usually over the phone these days, and lasts about 30-45 minutes. Here's what to prepare: 1. Write a clear timeline of events leading to your separation 2. Gather any evidence showing you were laid off (emails, texts, performance reviews) 3. Prepare to explain why the employer might claim you quit 4. Have names and contact info for any witnesses who can verify your version You don't necessarily need a lawyer, but if the financial stakes are high, it might be worth it. The judge will give both sides time to present their case and ask questions. Be honest, stick to facts, and avoid emotional arguments. The decision usually comes within 1-3 weeks by mail. Good luck!

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This is super helpful, thank you! Mine is scheduled as a phone hearing too. Do they call exactly at the scheduled time? And did your employer actually show up for yours?

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Charlotte White

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I HAD THE WORST EXPERIENCE WITH MY APPEAL!!!! The "judge" was TOTALLY biased and barely let me speak. My employer straight up LIED about everything and the EDD just believed them with ZERO proof. The whole system is RIGGED against workers!!! Don't expect fairness because you WON'T get it. I lost my appeal even with DOCUMENTED EVIDENCE of being laid off. Been fighting for 5 months to get my benefits!!!

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Admin_Masters

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I'm sorry you had such a bad experience. That's concerning. Was your hearing in person or over the phone? I've heard phone hearings sometimes go better because the judge can't see faces and make snap judgments.

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Admin_Masters

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I represented claimants at EDD appeals for several years, and I can tell you these hearings are definitely manageable without an attorney, though representation can help in complex cases. A few tips: - Be prepared to clearly explain why you did NOT quit voluntarily - Focus on the specific circumstances of your separation (who said what, when, in what context) - If your employer used terms like "restructuring" instead of "layoff," make sure to emphasize that distinction - Bring any documentation showing the employer initiated the separation - Answer questions directly and concisely In my experience, most ALJs try to be fair, though they do vary in temperament. Decisions typically come within 10-14 days. The success rate for claimants is higher than most people realize, especially when the employer doesn't show up (which happens frequently).

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Thank you so much for this detailed advice! This makes me feel a lot better. Would it help to have a former coworker who was laid off in the same "restructuring" testify? Or does that complicate things?

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Admin_Masters

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Having a coworker testify can be very helpful! If they experienced the same "restructuring" event, that strengthens your case that this was employer-initiated. Just make sure they're willing to be available at the hearing time. Let the judge know at the beginning that you have a witness available to testify.

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Matthew Sanchez

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my cousin had an appeal and won it because she just told the truth. the most important thing is to be honest cuz they can tell when ur making stuff up. also dont interrupt the judge they hate that lol. good luck!!!!

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Thanks! I definitely plan to be 100% honest. I'm just worried about getting flustered and not explaining things clearly.

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Ella Thompson

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I found myself in your exact situation last fall. My employer called it a "position elimination" but EDD initially disqualified me claiming I quit. The appeal process was frustrating because I couldn't get anyone at EDD to answer my questions before the hearing. I finally used Claimyr (claimyr.com) to get through to an actual EDD representative who explained what documentation would help my case. Their service connected me to an EDD agent in about 20 minutes when I'd been trying for weeks on my own. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Talking to an actual EDD rep before my hearing made a huge difference - they explained exactly what the judge would be looking for regarding "voluntary quit" vs. layoff situations. I won my appeal and got all my backpay within two weeks of the hearing.

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Aurora Lacasse

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i tried calling edd like 50 times before my hearing and never got thru. might try this service for my new claim issue

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JacksonHarris

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The key thing in these hearings is understanding the burden of proof. For voluntary quit cases, the employer has to prove YOU quit. If they claim it was a "restructuring" but it was actually a layoff, they need to show evidence you chose to leave. Make sure to use the phrase "I did not voluntarily quit" several times during your testimony. Also don't stress too much about the format - I was super nervous but the judge walked me through everything step by step. Just remember to say "yes" instead of nodding since it's recorded. One mistake I made: I rambled too much. Keep your answers focused on the specific question. And definitely dial in 5 mins early - my hearing started exactly on time and they mark you absent if you're not there.

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This is really helpful advice - thank you! I definitely tend to ramble when I'm nervous, so I'll try to prepare concise answers ahead of time. Did the judge ask you a lot of questions or mostly let you explain your side?

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JacksonHarris

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The judge asked very specific questions, like "What exactly was said in the meeting when your employment ended?" and "Who specifically told you that your position was being eliminated?" They want exact details, not general impressions. They also asked if I looked for other positions within the company before leaving. Be prepared for your employer to possibly contradict your version of events - stay calm if this happens.

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Jeremiah Brown

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just wondering has anyone ever had their employer not show up to the hearing??? what happens then?

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Admin_Masters

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If the employer doesn't appear, the hearing still proceeds with just the claimant (you) and the judge. This often works in the claimant's favor, as the judge only hears your side. However, the judge will still examine any written evidence the employer submitted previously. In voluntary quit cases, the employer has the burden of proof, so their absence can significantly strengthen your position.

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Anthony Young

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Quick update on my previous comment - I forgot to mention that you should practice your testimony beforehand. The worst thing is to sound uncertain or keep changing your story. If you don't remember something, it's better to say "I don't recall" than to guess. Also, since your case involves the distinction between quitting and being laid off due to "restructuring," focus on showing that: 1. You would have continued working if given the choice 2. The decision to end employment came from the employer 3. You had no reasonable alternatives offered The hearing notice should indicate what specific section of the unemployment code is at issue (likely Section 1256). Look up that specific section online to understand exactly what the judge is evaluating.

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Thank you for the additional tips! Yes, my notice mentions Section 1256. I'll definitely look that up and prepare accordingly. I'm feeling much more confident now thanks to everyone's advice.

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