How often do employees win California EDD unemployment appeals?

Okay this is actually really helpful. So the burden of proof being on the employer side - does that change at the initial California EDD determination stage or only at the appeal hearing?

It applies at both stages honestly, but the ALJ hearing is where it really gets enforced properly. At the initial determination California EDD is mostly just reviewing documents submitted by both sides. At the actual hearing you can present evidence in person and the judge questions both you and your employer's representative directly.

this is right. my sister won her appeal two years ago for almost the exact same type of situation. schedule manipulation leading to discipline is actually a recognized pattern that ALJs see frequently

Wait I can request the actual claim file? I had no idea. How do I do that?

Yes, once your appeal is filed you can request the administrative record. Contact the California Unemployment Insurance Appeals Board (CUIAB) office handling your case. They should send you copies of all documents California EDD and your employer submitted. Give yourself at least 2 weeks to do this before your hearing date.

seconding this - I requested my file and found out my old employer submitted a completely fabricated incident report. Having that info ahead of time let me prepare a response with actual evidence. Won my appeal.

I've been having the exact same problem getting through on the phones. I need to talk to someone about whether my weekly certifications are still supposed to continue during the appeal period and I literally cannot get through to anyone. Checking out Claimyr now.

can confirm claimyr works, used it when my adjudication dragged on forever and I needed answers. way better than calling manually

I was skeptical of anything like that but if it actually gets you to a live California EDD agent that's huge. The phone situation is genuinely awful.

Oh wow I actually wasn't sure about this. So I should keep certifying even though my claim is technically disqualified right now?

YES absolutely. Mark your calendar, certify every single week. When you certify while disqualified it just won't pay out immediately but if you win the appeal all those weeks get paid retroactively.

this is genuinely important advice that California EDD does NOT make clear anywhere. I asked three different people and got three different answers before finally getting a definitive yes from an ALJ's office

This is a fair point. The no-show rate for employers at appeals hearings is also surprisingly high - many employers don't even send a representative and when that happens claimants win almost automatically because there's no one to contest anything.

Yes! This is really important. A significant number of appeals are won simply because the employer fails to appear or submit adequate documentation. Never assume your employer will show up and fight hard - sometimes they just don't bother.

This is genuinely making me feel better about my situation. My employer is a mid-size company so they might send HR but they also might not think it's worth their time.

How long was the actual hearing? And was it in person or over the phone?

mine was by phone, about 45 minutes. they give you the option usually. in person might be better if you have a lot of physical documents but phone worked fine for me

Same experience here. Phone hearing, maybe an hour total. The ALJ was actually pretty thorough and fair, not at all what I expected. I was terrified going in.

100% this. First appeal I ever filed I gave up midway because I couldn't get any information and thought I had no chance. Found out later from a friend who worked in HR that my case was actually solid and I probably would have won. Lesson learned the hard way.

This thread is giving me the motivation to actually push through. I was on the verge of just dropping it.

What did they say about certifying during appeals? Still confused on this

Agent confirmed you absolutely must continue certifying weekly during your appeal or you forfeit those weeks. The certifications create the record of weeks you're claiming - win the appeal and those weeks get paid out.

Good info. The California EDD website is so unclear on this that having an actual agent confirm it is way more reassuring than trying to parse their FAQ pages

It says 'discharged for misconduct connected with most recent work' which from what I've been reading means they have to actually PROVE willful disregard for the employer's interests, not just that I violated a rule once or made a mistake.

Exactly right. California EDD defines misconduct pretty narrowly for unemployment purposes - it has to be willful or deliberate, not just poor performance or mistakes. Attendance issues caused by the employer changing schedules would be VERY hard for them to classify as willful misconduct.

This is the key legal distinction. Document that the schedule changes were unilateral, came without adequate notice, and directly caused the attendance issues. That's your argument right there.

Can you appeal online? I didn't know that, I thought you had to mail everything

Yes, through the UI Online portal there's an appeals option. You can also mail or fax. Just make sure whatever method you use, you get confirmation that it was received before the 30-day deadline.

I actually just submitted mine online yesterday and got a confirmation number. The deadline stress was making me anxious so I filed first and am now gathering documentation.

Wait the CUIAB decisions are public? How do I find them?

Go to the CUIAB website and look for their precedent decisions section. Not every routine case is published but the ones that establish policy are. Even reading 5-10 cases similar to yours gives you a feel for the legal standard.

This is a great tip I wish I had known before my hearing. Understanding what ALJs actually care about vs what you THINK they care about makes a big difference in how you present your case

This happens more than people realize. Employers often just send whoever is available, not someone who was actually there or who knows the details. An ALJ asking probing questions can expose gaps pretty quickly.

Okay this is genuinely reassuring. My former employer's HR department is notoriously disorganized so I'm slightly optimistic about this.

What do you mean by 'convert a layoff to a firing for cause after the fact'? Did your employer actually try to do that?

Yes it happens. They lay you off, then when you file for unemployment they submit documentation to California EDD claiming you were actually fired for misconduct to avoid their unemployment insurance rates going up. It's more common than people think and ALJs are aware of this pattern.

This is a real phenomenon called retroactive misconduct allegations. It's flagged in CUIAB precedent cases and judges do look skeptically at misconduct claims that conveniently appear only after a UI claim is filed.

This is helpful to know. I've been trying to figure out whether to take a temp job while this is pending and I wasn't sure how long the gap would be.

You can absolutely work during the appeal period - just make sure to report any earnings on your weekly certifications. Part-time or temp work doesn't disqualify you, it just reduces your weekly benefit amount for those weeks.

Important note: if you go back to full time work and stop certifying, you're essentially closing out your claim. If you later win the appeal you'd only get benefits for the weeks you certified. So keep certifying even if you pick up some work.

Yes - California has legal aid organizations that specifically help with unemployment appeals at no cost. Search for 'unemployment insurance legal aid California' plus your county or city. Also look for law school clinics. CUIAB itself has self-help resources but actual legal representation or coaching makes a real difference.

The Bet Tzedek Legal Services organization in LA specifically handles California EDD appeals. Bay Area Legal Aid covers the Bay Area. Other regions have equivalents. These are free services and they help people navigate exactly this type of situation.

Thank you so much this is really helpful, she's in the LA area so I'll look into Bet Tzedek

I actually just tried calling the CUIAB number and got a message saying estimated wait was over 90 minutes. This is ridiculous for people who need urgent answers about their cases.

yeah the CUIAB and California EDD are separate bureaucracies with separate phone systems and they each have information the other doesn't. it's maddening

The key is knowing which questions go to California EDD vs. CUIAB. Questions about your underlying claim and certifications go to California EDD. Questions about the hearing itself, scheduling, and the appeal process go to CUIAB. Using the wrong number wastes everyone's time.

This is exactly what I needed to hear. I've gone from almost giving up to feeling genuinely prepared to fight this. Thank you everyone in this thread.

Good luck OP, come back and update us on the outcome. These success stories help other people going through the same thing find motivation to push through

I will definitely update. Hearing is scheduled for next month. I have my timeline, my documentation organized, I've read several CUIAB precedent cases with similar fact patterns, and I've confirmed my weekly certifications are still going through. Feeling as ready as I can be.

Really appreciate this. I'm doing a phone hearing so I'll have everything spread out in front of me which is actually kind of an advantage over in person.

Phone hearings can actually be less intimidating. You're in your own space, no one can see your nerves, and you can have notes and documents right in front of you without it looking like you're reading.

Agreed phone hearings level the playing field a bit. Just make sure your connection is solid, you're in a quiet room, and you speak clearly. ALJs note if they can barely hear you or there's constant background noise.