What is an unemployment appeals tribunal and how does it work with California EDD?

This is really helpful, thank you. So when you say phone or in-person - do I get to choose? Because honestly a phone hearing sounds way less intimidating than sitting across from my old boss.

Most hearings right now default to phone/video format. You'll see it on your hearing notice. You can request in-person but phone is actually advantageous for most claimants because you can have notes in front of you without it looking weird.

the ALJ thing confused me too when i went through this. they're not like a regular judge with robes and a gavel lol. mine was actually really calm and just asked methodical questions

Wait you got back pay for the weeks your benefits were paused?? I didn't realize that was possible. That makes this feel way more worth fighting.

Yes absolutely - if you win, EDD releases all the weeks that were on hold during the appeal period. That's why it's worth pursuing even if it takes a few weeks to resolve.

same happened to me!! back pay came through about a week after my decision letter arrived

This is accurate - back pay upon winning is standard. Make sure you continue certifying for your weekly claims during the appeal process even though payment is paused. If you stop certifying and then win, those uncertified weeks get complicated.

Did you feel like talking to EDD beforehand actually changed how you prepared?

100% yes. The agent told me exactly what code my employer used when they reported my separation. Knowing that let me specifically address it in the hearing instead of guessing.

ugh the phone situation at EDD is genuinely awful. i've tried calling like 40 times over two weeks and never once gotten through

going to look into claimyr because i'm also in an appeal situation and haven't been able to reach anyone at edd for three weeks

Do I actually need to cite the UI code section in my hearing or is that overkill?

You don't need to cite code sections - the ALJ knows the law. Just focus on telling the factual story clearly and presenting any documentation you have. Let the judge apply the legal framework.

i tried looking up that code section and honestly understanding legal text is not my strong suit lol. the tribunal was still pretty approachable even without knowing all that

Once the appeal is filed, the 30-day deadline is satisfied. There's nothing else time-sensitive on OP's end right now - just wait for the hearing notice from CUIAB and keep certifying weekly claims.

oh ok that's a relief i thought maybe there were like multiple deadlines or something

That's a good heads up about surprise documents. What kind of stuff did your employer try to submit?

they tried to submit a 'counseling record' showing I'd been warned about performance issues, trying to reframe my layoff as a performance termination. I was able to point out that performance termination still isn't the same as voluntary quit so it actually didn't help their case much

yeah employers sometimes try to muddy the waters during hearings. stay focused on the specific question: did you voluntarily quit? everything else is a distraction

I went through this and it was genuinely one of the harder stretches. I ended up doing gig work during the wait period but was careful about how I reported it on my weekly certifications - you can work and still appeal, just report everything accurately

wait do i still certify weekly even though benefits are paused? i wasn't sure if there was a point

YES certify every week no matter what. This is really important. If you win your appeal, uncertified weeks are much harder to recover. Keep certifying and EDD will release the payments retroactively.

oh thank god i asked. i almost stopped certifying last week because it seemed pointless

i mean you're not wrong. i know two people who gave up on appeals that they probably would have won just because the process felt overwhelming

The frustration is valid. The appeals process exists for legitimate disputes, but it does catch people who just don't have the bandwidth to navigate it. That's why getting accurate information early (like this thread) matters.

exactly. and good luck actually calling EDD to ask questions. i tried 22 times in one day and never got through

does claimyr work for getting to the appeals board (cuiab) or just regular edd

From my experience it connects to EDD agents - for CUIAB specific questions you'd actually call them directly, they have a separate line that's easier to reach than EDD's main line

Good to know the distinction between EDD and CUIAB for phone calls. I didn't realize they were separate systems

The 'say it out loud' advice is something I wouldn't have thought of but makes total sense. I'm going to do that.

seriously it makes a difference. i practiced with my roommate asking me questions and it helped me find the gaps in my explanation before the actual hearing

also - do not ramble. answer the question asked, then stop. i made the mistake of over-explaining early in my hearing and it muddied things

Your weekly benefit amount doesn't change based on the appeal. It's the same as what EDD calculated when you first established your claim based on your base period wages. An appeal just determines eligibility - not the benefit amount.

ok good, i was worried about that. the amount they calculated for me seemed a little low and i thought maybe the appeal was messing with it

I'm sorry that happened to you. Honestly threads like this shouldn't be where people learn about their rights - EDD should explain this stuff clearly in their notices.

100% agree. the disqualification notice I got had almost no information about what the hearing actually involved. I just got a form letter basically

this is why the whole system is broken. information asymmetry is a feature not a bug when it comes to denying claims

Starting a new job during an appeal doesn't hurt your appeal. You just need to report any wages when you certify. If you return to work, you'd likely stop certifying anyway. If you win the appeal, you'd get back pay for the weeks before you started working.

Also worth noting - accepting a new job can't be used against you in an appeals hearing for a previous separation. The ALJ is only looking at the facts around the specific job/separation being disputed.

ok that's a relief, i had a job interview lined up and was paranoid about how it would interact with everything

That's... slightly terrifying. Did the overpayment question end up being a big deal?

in my case no, it was a small amount from a certification error and got resolved quickly. but it was a surprise i wasn't expecting

this is a good reminder to review ALL your certifications carefully before the hearing in case anything looks off. better to know ahead of time than have the ALJ surface it

Missing your scheduled hearing without notifying CUIAB is bad - the ALJ will typically rule against you by default. However, you can request a 'reopening' if you had good cause for missing it (medical emergency, etc.). Request it as soon as possible after missing the hearing.

ok so it's not automatically fatal but you need to act fast. noted

If you know in advance you can't make the date, you can request a continuance before the hearing. CUIAB is generally reasonable about one reschedule if you have a legitimate reason

Same honestly, I came here totally lost and now I feel like I actually understand what I'm walking into

real talk this kind of crowdsourced knowledge is filling a gap that EDD's own website does a terrible job of filling

This is good to know - so EDD can actually see appeal status in their system even though it's technically CUIAB processing it?

the agent said she could see the appeal was filed and pending scheduling but for hearing-specific questions she directed me to CUIAB directly. still useful to confirm it was in the system

yeah this matches my experience - EDD agents can see the high-level appeal status. good enough to confirm you're not in limbo

I had no idea this was an option. My former company definitely sent out an internal RIF announcement. Is that the kind of thing worth trying to get?

Absolutely - a company-wide RIF announcement naming your position would be very strong evidence. Talk to CUIAB staff when you receive your hearing notice, they can advise on the subpoena process

didn't know about this either. wish someone had told me before my hearing, I knew those documents existed but didn't know I could compel them

That email chain is excellent evidence. 'Workforce reduction' language directly counters any voluntary quit claim. You're in good shape going into this.

rooting for you! come back and update us. these threads help so many people who are searching for exactly this info

make sure to have that email ready to share - ask the ALJ at the start of the hearing about the best way to submit documents during a phone hearing. they'll usually have you email or fax during or just before

genuinely happy for you. good luck!!