Need EDD unemployment lawyer recommendations ASAP - facing disqualification after appeal hearing
I'm desperately searching for an attorney who specializes in EDD unemployment cases. My situation has gone from bad to worse - just received a Notice of Determination disqualifying me from benefits after my appeal hearing last week. They're claiming I was terminated for misconduct, but my employer completely misrepresented what happened (I was let go during restructuring, not for performance issues). Now they want me to repay $8,750 in benefits I've already used to survive! I've tried contacting Legal Aid but they're booked solid for 3 weeks. Has anyone worked with a good unemployment attorney in California who doesn't charge upfront? My appeal deadline is in 12 days and I'm starting to panic. Any recommendations would be GREATLY appreciated.
20 comments
Emma Davis
Check out the California Employment Lawyers Association website - they have a directory where you can search for attorneys who specialize in unemployment cases. I used them to find my lawyer when I had an eligibility interview disaster last year. Make sure whoever you contact has specific EDD appeal experience, not just general employment law. Also ask about payment options - many will do a free consultation and can work with payment plans.
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Javier Torres
•Thank you so much! Did you end up winning your appeal? I'm terrified of having to repay all that money. Did your attorney charge a lot?
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CosmicCaptain
i got help from legal aid of san diego when edd said i committed fraud. they were free and actually rly good. call around to different legal aid offices not just the 1 near u, some hav shorter wait times
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Malik Johnson
•Legal Aid is a joke! I waited 5 weeks for an appointment and they couldn't even help me with my appeal becuz they said it was "too complex" for their volunteers. Total waste of time when I was already stressed with the EDD mess.
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Isabella Ferreira
•Not all Legal Aid offices are the same - some have dedicated unemployment specialists and others don't. I recommend calling the Workers' Rights Clinic at UC Hastings. They offer free consultations with law students supervised by attorneys who know EDD cases. They helped me navigate my eligibility interview when my former employer lied about my separation reason.
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Ravi Sharma
I used The Unemployment Law Project when I got hit with a $12,450 overpayment notice last July. They charge on a sliding scale based on your income. My attorney Katie was AMAZING and got my disqualification overturned. The most important thing is to act QUICKLY - don't wait until the last day to file your appeal. Also, make sure you keep certifying for benefits while your appeal is pending, even though you won't get paid during this time. If you win your appeal, they'll release all those pending payments. One more thing - bring someone with you to the appeal hearing if possible. I brought my sister and it helped having moral support during the questioning.
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Javier Torres
•Thank you!! Will look them up right away. Did they need to meet with you multiple times before the hearing? I'm worried about being prepared enough.
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Ravi Sharma
•We had one in-depth meeting to go over all the facts, then they prepped me the day before the hearing. Make sure you have ALL communication with your employer (emails, texts, performance reviews, etc.). If they claimed misconduct, you need to prove their reasons don't meet the legal standard for misconduct under EDD rules. Your attorney will help explain what evidence matters most.
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Freya Thomsen
Have you tried reaching EDD directly to understand EXACTLY why they disqualified you? Sometimes there's confusion about the reason and you might not actually need a lawyer if it's a simple misunderstanding. I was disqualified initially but got it reversed after speaking with a claims specialist who reviewed my case. I had the worst time getting through on the phone though. After 3 days of constant busy signals and disconnects, I used Claimyr (claimyr.com) to get a callback from EDD. They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Got connected to an EDD rep within an hour who actually explained exactly what documentation I needed to submit to fix my case.
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Javier Torres
•I've tried calling EDD about 20 times this week and can't get through. The one time I did, they just read me the determination letter I already had and said I needed to file an appeal. I'll check out that Claimyr service - maybe talking to a different rep would help. Did they charge a lot for the service?
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Freya Thomsen
•It was worth it to me just to stop the endless calling and waiting. Sometimes you get different answers depending which EDD rep you talk to, so it might be worth trying again. If you get someone knowledgeable, they can tell you exactly what evidence would help your appeal case.
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Omar Zaki
I'm dealing with almost the exact same situation! My former employer claimed I was fired for excessive absences, but I had approved FMLA leave for all of them. My appeal hearing is next Tuesday and I'm representing myself because I couldn't afford an attorney. Did your determination letter cite any specific sections of the unemployment insurance code? Mine mentioned Section 1256, and I found a lot of helpful information by searching for cases related to that section on the CUIAB website (California Unemployment Insurance Appeals Board). They have examples of previous decisions that might help you understand what evidence will be most important.
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Isabella Ferreira
•Self-representation can work, but make sure you're VERY prepared. Request your complete claim file from EDD immediately using form DE 8323. This shows exactly what your employer told EDD. Often employers make statements to EDD that they can't substantiate at the hearing. Also, the Administrative Law Judge will expect you to prove your case with documentation, not just verbal testimony. Bring 3 copies of everything (one for you, one for the judge, one for the employer's representative).
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Javier Torres
•Yes, mine cited Section 1256 too! I'll definitely check out the CUIAB website. Please let me know how your hearing goes - I'm so nervous about mine. Did you request a phone hearing or in-person? I can't decide which would be better.
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AstroAce
my neighbor is helping me with my edd case and she said bay area legal aid hass free workshops for people who filing appeals. they show you how to prepare evidence and stuff. might be worth checking if they have one before your deadline.
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Javier Torres
•That's really helpful, thank you! I'm not in the Bay Area but I'll check if there's something similar in my region. How is your case going?
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AstroAce
•its ok i guess. still waiting for my hearing date. been 3 weeks since i filed the appeal form. make sure u read all the paperwork they send u carefully!!! i missed a important deadline cuz i didnt open mail for few days
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Isabella Ferreira
Make sure you understand the difference between an ALJ hearing and a second-level appeal to the CUIAB Board. If you lose at the ALJ level, you can still appeal to the Board, which is why documentation is crucial. They'll review the record from your hearing but typically don't accept new evidence. For legal resources, try: 1. Center for Workers' Rights - They do free consultations for EDD cases 2. Legal Aid at Work - Their Workers' Rights Clinic can help with appeals 3. Your county's bar association - Many offer low-cost consultations with employment attorneys If you absolutely can't find affordable representation, at minimum have someone review your appeal statement before you submit it. The specific wording is extremely important.
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Javier Torres
•Thank you for the detailed information! I'm writing down all these resources. I didn't realize there were two levels of appeals - that's actually somewhat reassuring. Has anyone here gone through a second-level appeal? What was your experience like?
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Malik Johnson
•I went thru BOTH appeals and still lost because the system is RIGGED!! EDD always sides with employers no matter what evidence you have. I had to pay back $7,250 plus a 30% penalty even though I had proof I reported everything correctly!!!
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