What should I say at my California EDD unemployment appeal hearing?

Constructive discharge - okay that's the term I was looking for. I do have some emails where I complained to my manager about the situation. Do I just read those out loud or do I submit them somehow beforehand?

You can submit documents as exhibits during the hearing itself. The judge will ask if you have any evidence to submit. Have everything printed or easily accessible and reference each document clearly when you bring it up. Say something like 'I'd like to submit Exhibit A, which is an email I sent to my supervisor on March 3rd.' Keep it organized.

This is really solid advice. One thing to add - make sure you know the exact date you gave notice or walked out, the exact reasons you stated at the time, and whether you ever asked your employer to fix the problem before leaving. The ALJ will almost certainly ask those three things.

Phone hearing?? I assumed it would be in person. Does everyone do phone hearings now?

yeah most of them are phone now. you get a notice with the call-in number. make sure you're somewhere quiet with good reception, i made the mistake of being in my car and kept cutting out which was embarrassing

Same, mine was phone too. Being somewhere private and quiet matters a lot, you don't want background noise making you seem less credible or causing you to miss a question from the judge

I had no idea I could request that file. I'm going to do this today. Can I request it online or does it have to be by phone?

Usually you call the appeals board office directly - the number should be on your hearing notice paperwork. Explain you have a hearing next week and need the case file urgently. They're usually pretty responsive about this specific request.

Yes do this! I didn't know about the case file until after my hearing and I went in basically blind. My employer had submitted a whole written statement full of inaccuracies that I had no chance to refute because I'd never seen it. I lost my first appeal partly for that reason.

Wait this actually works? I've been trying to get through to EDD for three weeks and keep getting the 'we cannot take your call' message. If I could actually talk to someone before my hearing that would be huge.

It worked for me, I was honestly skeptical at first but I got through within a couple hours. The agent I spoke to was able to pull up my claim and explain specifically what the employer said triggered the voluntary quit determination. That info changed my whole approach to the hearing.

gonna look into this too, i have a different issue with my claim but i've been trying to reach edd for literally a month with zero luck

I did complain multiple times but never formally in writing - most of it was verbal to my direct supervisor. Will verbal complaints count for anything or is it basically useless without written proof?

Verbal complaints absolutely count, they're just harder to prove. If there were witnesses to those conversations, think about whether any of them would be willing to testify. Also - did your supervisor ever respond to your complaints in writing, even informally? Even a text message saying 'I'll look into it' could establish that the complaint was made and acknowledged.

Also worth noting: if you complained to HR or anyone else at the company besides your direct supervisor, try to recall the dates and names. The more specific you can be with dates and names even for verbal complaints, the more credible your account becomes to the ALJ.

For phone hearings you can technically have someone present in the room with you, but they typically cannot speak or participate unless they're being called as a witness. The ALJ will usually ask at the start of the call if anyone else is present and you need to disclose that.

ok good to know, OP might want to have someone there just for moral support even if they cant talk

This is really useful. I tend to over-explain when I'm nervous so I'll have to consciously remind myself to just answer what's asked.

seconding this hard. my hearing went sideways for a bit because i started volunteering context that raised NEW questions the judge then had to dig into. stick to answering what's asked.

Yes and also - if you don't know the answer to something, say you don't know or you don't recall. Don't guess. Guessing and then being wrong looks much worse than saying you're not certain.

Okay that's actually somewhat reassuring. Do I find out beforehand whether they plan to participate or is it just a surprise on the day?

Usually a surprise. Sometimes the hearing notice will indicate if the employer has confirmed but not always. Just prepare as if they WILL be there and then be pleasantly surprised if they don't show.

This is accurate - employer no-shows are actually quite common for UI appeals. But definitely prepare fully regardless. Some employers have HR reps or even attorneys join specifically to fight these claims, especially if there's a pattern of former employees filing.

Oh this is such a practical tip. Writing that out and practicing it feels so much more manageable than trying to wing it. Thank you.

Practice it until it doesn't sound rehearsed. You want to be able to say it naturally even when you're nervous. Record yourself saying it on your phone and listen back - it's awkward but helps.

Adding to this - also practice answering the hard questions. 'Why didn't you look for a different job before quitting?' 'Why didn't you file a formal HR complaint?' 'Did you give your employer a final chance to address your concerns?' These are the questions that catch people off guard.

Section 1256 - I'm going to look that up right now. I have the denial letter but I honestly didn't read it super carefully. Going back to it now.

yeah read every word of it. sometimes people discover they were disqualified for a slightly different reason than they thought which changes the whole argument

I'm in the Bay Area actually so Bay Area Legal Aid is on my list to call tomorrow morning. I didn't know they helped with unemployment stuff specifically.

Yes they do. They may not have bandwidth to represent you at this point given your timeline but even a 20 minute phone consult to review your key points can be really valuable.

Agreed, and even if legal aid can't help you can often find employment law attorneys who will do a free initial consult. They can at least tell you whether your constructive discharge argument is solid or if there are gaps to address.

Ugh okay at least I know to expect that. I was hoping I'd at least get some signal on the day itself.

Nope, nothing. The judge is trained to be completely neutral throughout so you'll have no idea. I thought mine went terribly based on the judge's tone and I actually won.

Same experience here. The judge seemed kind of impatient and skeptical the whole time and I was devastated after. Got the decision in the mail three weeks later and I won. Don't psych yourself out over the judge's demeanor.

I actually looked into it after your first comment and I'm going to try it tomorrow. I really need to understand what my employer told EDD before I walk into this hearing.

let us know how it goes, curious whether they can actually pull up that level of detail about what the employer submitted

The water tip is so weirdly specific and I am absolutely going to follow it lol. Do you recommend calling in a few minutes early?

Yes, call in at least 5 minutes before the scheduled time. Being late to your own hearing is a very bad look and in extreme cases they can rule against you for non-appearance.

also maybe have a pen and paper nearby to jot down anything the judge says or asks that you want to come back to. i wish i had done that

This is the part that scares me most honestly. I'm a pretty anxious person and I worry I'll say something stupid under pressure.

The best antidote to that is preparation. The more you've rehearsed your timeline and key points, the harder it is to get tripped up. Anxiety makes you vague, preparation makes you specific, and specific answers are what win these hearings.

Also remember - you're not on trial. The burden in a UI appeal is actually somewhat shared. EDD has to show the disqualification was valid, you're showing it wasn't. You don't need to prove your case beyond reasonable doubt, you just need to present credible evidence that tips the scale.

Oh my god I stopped certifying after the denial because I thought there was no point. Can I go back and certify retroactively?!

you should call edd immediately about this, you may be able to file late certifications but you need to talk to someone directly. this is actually urgent

Yes contact EDD about this ASAP - this is one of those things that's much easier to sort out before the appeal is decided than after. Some late certifications can be accepted with a valid reason for lateness. Don't panic but do act quickly.

Good luck to both of us then! This thread has honestly given me so much more confidence than I had this morning.

same situation here. EDD appeal hearings are one of those things where good information is so hard to find and everyone has a different experience

This is genuinely comforting to know. I'm going into this hoping to win but it's good to know there are more options if I don't.

Exactly right. Each level of review can look at the record differently. And sometimes new evidence or legal arguments that weren't raised properly at the first level can be more effective on review. Don't give up if the first hearing doesn't go your way.

And if you're navigating any of those later stages and still struggling to communicate with EDD or the appeals board directly, Claimyr at claimyr.com helped me cut through the phone barrier multiple times during my whole process. That video at https://youtu.be/JmuwXR7HA10 shows exactly what it does if you're curious. Sometimes just being able to talk to a human makes the whole thing less terrifying.