How to get copies of employer's evidence before my CUIAB appeal hearing?

You need to contact the CUIAB office handling your case directly. Call the CUIAB office where your hearing is scheduled (the number should be on your hearing notice) and request all exhibits and evidence that will be presented at your hearing. This is your right! They are required to provide you copies of all evidence that will be used in the hearing. Do this ASAP because it can take them a few days to process your request. When I went through this last year, I also submitted a formal written request by email to have everything documented. Good luck!

when i had my appeal i didnt get any paperwork until the day of the hearing! the judge just handed all the evidence to me right there at the start. it was super stressful trying to read everything while also preparing to answer questions. definitely try to get it ahead of time!!!

I went through this nightmare last month. You need to contact CUIAB directly, NOT EDD. EDD won't help with this. Call the CUIAB office on your hearing notice and ask for the 'appeal file' or 'case file' - those are the terms they used with me. They'll email you everything they have. IMPORTANT: Sometimes employers submit additional evidence right before the hearing date, so call again a few days before your hearing to make sure you have EVERYTHING. My employer tried to blindside me with a bunch of 'policy violation' documents I'd never even seen before!

YOU HAVE LEGAL RIGHTS HERE!!! The CUIAB *must* provide you access to your case file before the hearing. It's in the unemployment insurance code. Don't let them tell you otherwise. If they give you any trouble, remind them that you're entitled to see all evidence that will be used in making a decision BEFORE the hearing. I went through 3 appeals (won all of them) and the CUIAB tried to stonewall me every time.

Here's what you need to do: 1. Call the CUIAB office listed on your hearing notice 2. Request all evidence and exhibits related to your case file 3. Ask about any employer-submitted documents specifically 4. Follow up with an email to create a paper trail of your request 5. If they haven't sent anything within 5 business days, call again You can also physically go to the CUIAB office and request to review your file in person if you're close enough. They have to let you see it. Make sure to bring ID and your hearing notice with your case number. Focus on preparing responses to the likely misconduct allegations. If they're claiming misconduct but you were laid off due to lack of work, gather any documentation proving the latter (layoff notice, emails, texts from managers, etc).

I've been trying to call EDD for a similar issue for WEEKS with no luck. Always get the 'too many callers' message and then a hang up. So frustrating!!! Has anyone had any luck getting through to them lately? I'm desperate to talk to someone about my appeal too.

everyone is giving advice about calling but theres an easier way. just go to the CUIAB website and download form DE 6408 'request for copy of appeal record'. fill it out with your appeal case number and they have to send you everything. i did this last month and got all the docs in 3 days.

One more important tip: when you get your employer's evidence, review it VERY carefully for inconsistencies or factual errors. Take notes on everything you disagree with and bring those notes to your hearing. The Administrative Law Judge will give both sides a chance to present their case. Stay calm, stick to facts, and directly address any false claims from your employer. Also, if your employer doesn't attend the hearing (which happens quite often), that generally works in your favor since they're not there to present their side or challenge your statements.

Ok but if your asking about CUIAB why are you posting in the EDD section?? This is for EDD unemployment not appeals board questions. Just saying.

Update us after your hearing! I'd like to know how it goes. Appeals can be intimidating but if you have the truth on your side and good documentation, you have a decent chance. My hearing lasted about 40 minutes and the judge was actually pretty fair.

Just went through this exact same situation 6 months ago! Here's what worked for me: Call the CUIAB office first thing in the morning (around 8 AM) when they open - you'll have better luck getting through. When you call, ask specifically for your "complete appeal file" and mention you need it to prepare for your hearing. They emailed me a PDF with everything within 2 days. Also, don't panic if your employer's evidence looks bad at first glance. Mine submitted a bunch of write-ups I'd never seen before, but during the hearing it came out that they were backdated and not properly documented according to their own policies. The judge saw right through it. Document everything you have that supports your side - even text messages or informal communications can help your case. You got this!

I'm in a similar situation and this thread has been incredibly helpful! I just wanted to add that when you call CUIAB, make sure to have your Social Security number and case/appeal number ready - they'll need both to pull up your file. Also, if the first person you talk to seems unhelpful or says they can't provide the documents, politely ask to speak with a supervisor. Sometimes the front desk staff aren't fully aware of your rights to access the appeal file. I had to escalate my request but eventually got everything I needed. The whole process is stressful enough without having to fight for basic information you're entitled to. Wishing you the best of luck with your hearing - it sounds like you have a solid case if you were truly laid off due to lack of work!