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First-time EDD appeal hearing in May - what should I expect? NERVOUS!

I'm freaking out a bit because I just received notice of my FIRST EVER EDD appeal hearing scheduled for May 18th. I got disqualified back in March because they said I 'voluntarily quit without good cause' (which is NOT true - I was basically forced to resign after they cut my hours to almost nothing). I filed the appeal right away but had no idea what would happen next. The letter says it's going to be a phone hearing with an Administrative Law Judge. Has anyone been through one of these before? What kind of questions do they ask? Should I have a lawyer? I'm so worried I'll mess up and say the wrong thing. I've been without benefits for 7 weeks now and my savings are almost gone. This hearing feels like my last chance to get the benefits I deserve. Any advice from someone who's been there would really help calm my nerves!

I went through an appeal hearing last year and it wasn't nearly as scary as I thought it would be. The judge was actually pretty nice and just wanted to get the facts straight. Make sure you have documentation ready - anything that proves you didn't voluntarily quit (emails showing reduced hours, any communication with your employer, etc). Write down a timeline of events so you don't forget important details when you're nervous. The hearing lasted about 30 minutes. The judge asked me to explain my situation, then asked my former employer questions, and then gave me a chance to respond to anything they said. Be honest, stick to the facts, and stay calm. You don't necessarily need a lawyer, but having all your documentation organized is crucial.

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Thank you SO MUCH for this detailed response! I've been losing sleep over this. Did your employer actually show up for the hearing? I'm worried mine will bring their HR person who's really intimidating. Also, how long did it take to get a decision after the hearing?

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ugh i had one of these last summer. make sure ur on time for the call!!! i was in the bathroom when they called and missed it, had to reschedule the whole thing and waited another month for benefits 🤦‍♀️

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Oh no! That's a good reminder - I'll make sure I'm ready by the phone 30 minutes early just to be safe. Did you win your appeal?

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Yuki Sato

I represented employees at several EDD appeal hearings before retiring. Here's what you need to know: 1. The burden of proof is on your employer to show you quit voluntarily without good cause, not on you to prove otherwise 2. Substantial cuts to hours can qualify as "constructive discharge" which means you effectively didn't quit voluntarily 3. Prepare a simple opening statement (2-3 minutes) explaining your side 4. Have documentation showing your original hours vs. reduced hours 5. If any coworkers can verify your situation, ask if they'd be willing to testify briefly 6. Practice answering questions about why you left calmly and clearly Most hearings last 30-45 minutes. The judge will explain the process at the beginning. You'll typically get a decision by mail within 7-14 days. Good luck!

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This is incredibly helpful! I didn't realize the burden of proof was on them. I have text messages showing how they cut my hours from 40 to just 12 per week, which I couldn't survive on. I'll definitely prepare an opening statement. Thank you!

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I had an appeal last winter and was SO NERVOUS but then I won!! The system is actually fair sometimes. Just be honest and have your facts straight. My employer didn't even bother showing up to the hearing which automatically made my case stronger. If your employer does show up, don't argue with them directly - just calmly explain your side to the judge. Oh and don't worry about saying the perfect things - just speak from the heart about why you couldn't continue working there. The judge has seen it all before.

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That's really reassuring, thank you! I hope my employer doesn't show up either, but I'll be prepared either way. How much detail did you go into about your work situation?

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they make it seem like a court room but its just a phone call lol. just dont lie cause they can tell. good luck

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Getting through to EDD before your hearing can be super helpful so you understand exactly what issues they're focusing on. But calling is nearly impossible these days. I used a service called Claimyr (claimyr.com) that got me through to an EDD agent in about 20 minutes when I was preparing for my appeal. The agent explained exactly what documentation I needed for my specific situation. There's a video demo of how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Getting that insider info before my hearing made a huge difference - I knew exactly what points to emphasize and what the judge would be looking for.

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does this actually work? i spent like 3 days calling edd last month and never got thru once

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It worked for me! I was skeptical too but was desperate after trying for days. The call-back system saved me hours of frustration. The agent I spoke with even gave me the specific regulation number to mention in my hearing.

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Make sure you don't get disqualified for "willful misconduct" instead of voluntary quit. My original disqualification was for misconduct but during the hearing they tried to switch it to voluntary quit!!! The judge stopped them though because they have to stick to whatever reason was on your disqualification notice. Just a heads up that they might try to change their story.

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Wow, that's sneaky! Thanks for the warning. My notice definitely says "voluntary quit without good cause" so I'll make sure they don't try to change the reason during the hearing.

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Yuki Sato

One more important tip: when your employer cut your hours that drastically, they essentially created a situation where you had "good cause" to leave. Make sure you emphasize that you couldn't pay your bills with such reduced hours, that you asked for more hours before quitting, and that you had no choice financially but to seek other employment. This falls under what's sometimes called "constructive discharge" - they created conditions that forced you to leave. You might also mention you looked for other work before quitting (if that's true). The judge wants to see that you tried to preserve the employment relationship before leaving.

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Yes! I did ask for more hours multiple times before leaving and even offered to work different departments. I'll definitely emphasize that I tried everything to keep working there before I was forced to resign. This is giving me much more confidence about the hearing.

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I HAD THE WORST EXPERIENCE with my appeal last year!!! The judge was totally biased and kept interrupting me. Then my former boss LIED about firing me and the judge believed everything she said even though I had proof!!! The whole system is rigged against workers!!! I filed another appeal after losing the first one but still haven't heard anything back SIX MONTHS LATER. Don't get your hopes up that the system is fair because it's NOT.

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Yuki Sato

While some people unfortunately have negative experiences, most Administrative Law Judges are impartial and follow proper procedures. If you feel your judge was biased, you can file a complaint with the Unemployment Insurance Appeals Board. Also, appeals to the Board level do take longer to process than first-level appeals, often several months.

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Whatever. I filed a complaint and NOTHING happened. They protect their own. My friend had the same judge and lost her appeal too. The whole system is corrupt.

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Mei Wong

My hearing was supposed to be in person pre-covid but I imagine phone is similar. I was super nervous too but honestly its pretty informal. I wrote down all my points beforehand which helped a lot because I get nervous and forget things. BTW my employer didn't even show up to defend their position and I automatically won! Hope the same happens for you!

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I'm definitely going to write down my main points so I don't forget anything important. I'm hoping my employer doesn't show up either, but I'm preparing as if they will. Did you get your back benefits pretty quickly after winning?

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To answer your follow-up question - yes, my employer did show up with their HR person, but the judge made sure everyone had a chance to speak without interruptions. After the hearing, I received the decision in about 10 days, and my back benefits were processed about a week after that. One thing I didn't mention: the hearing was recorded, so speak clearly and try not to talk over anyone. And remember that constructive discharge (what happened to you with reduced hours) is recognized as good cause to leave a job. The EDD Guide for Appeals specifically mentions this.

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Thank you for coming back to answer! I'll make sure to speak clearly and not interrupt. Just 10 days for a decision sounds much better than I expected. I'm feeling much more prepared now thanks to everyone's advice here.

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