What to do when your employer appeals your EDD unemployment claim in California....

Recently, I helped a client do some work for EDD (unemployment) and another claim for unpaid wages. Interestingly, both processes could be done without a lawyer (you do not need to hire a lawyer to appear for you). But, the information and paperwork involved was complicated even for me to figure out, so it might be good to hire a lawyer to help you with preparing your case.

If you applied for EDD recently, and your employer is appealing your claim, don't panic yet. EDD will set an appeal hearing, where both sides will present their case. Hearings are set pretty fast. In the meantime you should put in some work to prepare your case. When EDD sends you the notice of appeal, they will send you the information on what it is the employer is appealing. This will include the code sections under Unemployment Insurance. Once you have those, look up those codes (EDD website should have this, or do a google search for that code). At the hearing, the judge will mainly be concerned over the issue in the code. So, don't spend too much time gathering details about unpaid meal breaks, when the issue is over whether you resigned voluntarily (because it will not be heard). You will need evidence to defend your position. This means paper documents- emails, screen shot printouts of texts, employee handbooks, contracts, or whatever it is that helps you prove what you are trying to prove. When you bring evidence to the hearing, you need to have 3 copies- one for you, one for the judge, one for the other side (also, always keep originals for yourself). It will be helpful if you have a witness go to the hearing with you to testify on your behalf. However, this is not always possible because your witnesses have work/school and it might be hard for them to take time off. If it is possible for them to be available over a phone during your hearing, do so. You will have to contact the appeal office and ask to set up a phone conference for your witness to call in during your hearing. If your witness cannot do either, then ask if they can prepare for a declaration. A declaration is a written statement under penalty of perjury, so make sure the witness is writing this and writing on what they know (do not write one for them and ask them to sign it; this is also why it will be a good idea to seek legal help on this). You should fax the declaration(s) to EDD early enough so they can prepare it for the judge and send a copy to the other side, prior to the hearing.

Here is the website for EDD if you need official information. This link is to the Employer page, which has info on the appeal.
http://www.edd.ca.gov/Unemployment/More_Employer_Information.htm

On the day of the hearing, they say to get there 15 minutes early. You should probably get there at least half an hour early. You will have to check in, and the office will give you your case file to review. This is a good opportunity to look through and see if the employer has sent in anything else that you have not been copied on. EDD hearings are conducted by administrative judges. The setting is informal compared to something like civil court, so it can be a little less stressful. Always, always, be respectful to the judge (and never talk over the judge!). If you do not understand something, ask. One tip from a colleague of mine- always answer the question that the judge asks. Take notes when the other side is testifying. You should note down things that you dispute. When it is your turn to ask them questions (or cross examine), you will ask questions about those items that you dispute. I recommend taking notes because the testimony will be fast, and full of information, and you will easily forget what issues you have to go back on. Also, before the hearing you should make an outline or checklist of facts you need to say at the hearing, and go back through them at the end to make sure those are brought up.

After the hearing is done, the judge will prepare a decision and mail it out to both parties. This can be quite fast. The decision itself can be quite lengthy because the judge will discuss EDD case laws (precedents). Also, you have a right to appeal the decision (see online). There is also a video on the EDD website on what to expect at the hearing that is pretty accurate. Overall the EDD website is really helpful, so spend some time on this before going in the hearing.

Hope this helps. I hope to write about pursuing unpaid wage claims in an upcoming article.

I am an attorney in California. I have successfully pursued cases against employers on behalf of my clients. If you feel that you have a case, let me know at attorneycharlottelin@gmail.com. See more information on employment law on my new website at www.lincharlotte.com.