What is an unemployment hearing with California EDD and what should I expect?

Wait so my employer will actually be AT the hearing? Like in the same room as me? That makes me really nervous honestly.

Most hearings are now conducted by phone or video conference, so you likely won't be in the same physical space. The ALJ will control the proceeding and give each side time to speak. Your employer may or may not even show up - sometimes companies don't bother sending anyone for smaller claims, which can actually work in your favor.

this is really good info, I had no idea employers could even contest the claim like that

45 minutes?? I thought it would be like an all day thing. That's actually really reassuring. Did you win yours?

first one yes, second one no lol. the first one I had good documentation. the second one I kinda went in unprepared and it showed. DOCUMENT EVERYTHING is seriously the lesson I took away

same experience here, phone hearings are way less intimidating than they sound

I didn't know you could postpone! That's actually huge. And yeah I've been trying to call EDD for a week and can't get anyone. Going to check out that Claimyr thing.

does claimyr actually work? seems too good to be true when edd phones are basically impossible

It worked for me - I was skeptical too but I got connected to an actual agent within a reasonable time. Way better than sitting on hold for 3 hours and getting disconnected.

omg I need this. been trying to reach EDD for my own hearing stuff for 2 weeks straight

How do I request the file? Is there a specific form or do I just call?

You can call CUIAB directly - the number is on your hearing notice. Or you can send a written request to the office listed on your notice. Ask specifically for 'all documents in the appeal file' including any employer submissions. They have to provide them.

This is really good advice. The employer's written response to EDD during the initial determination is often the key document in these cases. Seeing it lets you address their specific claims point by point.

No you didn't do anything wrong - the hearing IS part of the appeal process. When you file an appeal with CUIAB, they schedule a hearing as the method of resolving that appeal. So appeal = the overall process, hearing = the actual proceeding where your appeal gets decided. You're on the right track.

ohhhh okay that makes way more sense. I thought I accidentally filed twice or something lol

I was confused about this too, glad someone asked

This is really helpful perspective. I do actually have some texts from my manager about hours being cut. I should dig those up.

texts are gold in these hearings, screenshots of everything

yes screenshot and print them out, have physical copies ready even for a phone hearing because the judge may ask you to submit documents

Good call on the quiet space, I was going to just do it from home but my apartment is pretty loud during the day

even sitting in your car works if your house is loud. I did mine from a parking lot lol. just needed quiet and decent signal

lmaooo I did mine from my car too, thought I was the only one

Oh wow I didn't know that about weekly certifications. I actually stopped filing because I assumed it was pointless while everything was in dispute. Is it too late to catch up?

You may be able to file backdated certifications - call EDD directly about this. It's urgent, don't wait. This is exactly the kind of thing you need to actually reach an agent for rather than just leaving messages.

Yeah this is a situation where getting through to EDD by phone matters a lot. The Claimyr service I mentioned earlier (claimyr.com) would be worth using here - missing certifications during an appeal is a big deal and you want to sort it out with an actual agent ASAP.

No, the appeals hearing process through CUIAB is completely free. No filing fees, no costs to participate in the hearing itself. The only potential cost would be if you choose to hire an attorney or representative, but that's entirely optional.

okay good because I was about to panic lol

attorney fees are sometimes taken from back pay if you win, so some attorneys do these on contingency. worth asking around if you want representation but can't afford upfront costs

I get that. The sworn in part sounds intense but it's literally just 'do you swear to tell the truth' and you say yes. The ALJ usually introduces everyone and explains the process before diving in. Most people say the ALJ is pretty matter of fact about it.

okay that's less scary than I was imagining

honestly the anticipation is way worse than the actual hearing. after mine I was like... that's it? it felt so built up in my head

Abandoned' position is actually a specific claim they have to prove -'they d need to show they attempted to contact you and you'didn t respond, or that you simply stopped showing up without notice. If you were actually laid off and told to stop coming in, their own records should contradict that claim. Document any communication where they told you your position wasending.

Good news on the backdated certs. And now that you know their specific claim you can prepare a direct rebuttal. Write down the exact sequence of events with dates - when you were told about the layoff, your last day, any communication afterward.

glad you got through to EDD!! and good luck with the hearing, sounds like you have a solid case

The hearing is officially recorded by CUIAB - that's the official record. Whether you can record on your end depends on California two-party consent laws and CUIAB rules. I'd recommend NOT doing this without explicit permission from the ALJ at the start of the hearing. You can request a copy of the official recording afterward if needed.

good point, didn't think about the legal side of that

Typically CUIAB issues a written decision within 3-6 weeks after the hearing, sometimes faster. The decision gets mailed to your address on file. Make sure your address is current with EDD. If it's been more than 6 weeks you can contact CUIAB to inquire about the status.

okay only 2 weeks so I'll wait. fingers crossed

the waiting is the worst part, good luck!

The standard appeal deadline is 30 days from the mailing date of the determination notice. If you missed that, you can request a late appeal but you need to show 'good cause' for the delay - things like not receiving the notice, serious illness, etc. It's harder but not impossible. File the late appeal request as soon as possible and explain your reason for the delay clearly.

it's been like 45 days so only a little past the deadline. I never understood what the notice meant until someone explained it to me. would that count as good cause?

Not understanding the notice might be considered for good cause depending on circumstances but it's a harder argument to make. Still worth trying - submit the late appeal and explain exactly what you described. The worst they can say is no.

Right?? The system is way more complicated than most people expect going in. Disqualifications, adjudication holds, hearings, overpayments... there's a lot that can go sideways.

kind of wish they gave you a guide when you first filed. like a 'things that could go wrong' pamphlet

That would honestly be incredibly useful. The EDD website has some of this info but it's not exactly easy to navigate when you're stressed and just lost your job.

for real, most people learn the hard way

Same experience here - this thread genuinely helped me feel less panicked. Good luck with your hearing!

thanks, good luck to you too!

if you need to reach EDD before your hearing to get info about your file, don't wait until the last minute to try. Phone lines are brutal. The Claimyr service at claimyr.com worked for me and the OP in this thread, worth knowing about going in.

This is real and it happens. If you're facing a company with professional representation and you have a complex or high-value claim, it may be worth consulting with an employment attorney or a union rep if you have one. Many offer free consultations. But plenty of people win against represented employers - the facts of the case matter most.

I did win actually, even against their lawyer. The judge saw right through what they were saying. But it was stressful going in not knowing what to expect.

that's actually really encouraging to hear honestly

Update your address with EDD immediately through your UI Online account or by calling. Also contact CUIAB directly about the hearing since they may have sent documents to your old address too. This is urgent - if you miss the hearing because notices went to the wrong place it can seriously complicate things.

updating right now, thank you

Also check if there's any way to set up mail forwarding from your old address as a backup while you get everything updated in the system