If you receive a written decision from the Employment Development Department (EDD) that you disagree with, you have the right to file an appeal. You may have been denied benefits, due to your previous work history, or lack of earnings. Your former employer may be trying to prevent you from collecting an unemployment benefit. If you used the California unemployment calculator and feel your unemployment compensation is less than it should be, you can also file an appeal.
You can use either the DE 1000M form or write your own letter. The California Unemployment Insurance Appeals Board (CUIAB) manages the EDD appeals process.
California EDD Appeals Contact Info
There are several appeals offices throughout California. You must contact the office and mailing address provided on your denial letter.
Mail your appeal to the return address shown on the decision notice.
If you choose to write your own letter, be sure to include the following:
- Full name
- Address
- Phone number
- Social Security number
- The reason for your appeal
- A copy of the decision you are appealing or the date of the decision
- The name and mailing address of any representative
- Any request for language assistance or special accommodations
You must submit a written appeal within 30 days of the decision. If you miss the 30-day deadline, you can still file a late appeal, but you must explain why it is late and have a good reason for the delay. The appeal hearing will be conducted by an administrative law judge, and you have the right to review all records and testify under oath. The hearing will be recorded, and you will receive a decision by mail.
If you are appealing a disqualification, continue to certify for benefits each week while your appeal is pending. If the administrative law judge finds you eligible, you will only receive payment for the weeks you certified and met the eligibility requirements.
What happens after filing an appeal?
Once you file an appeal, the Office of Appeals will send you a notice with the date and location of your hearing at least 10 days before it takes place. During the hearing, an administrative law judge (ALJ) will listen to both the employer’s and the claimant’s evidence and arguments. If you live outside California, your appeal will be conducted over the phone.
After the hearing, the Office of Appeals will mail you and your employer the ALJ’s written decision, which may take several weeks to prepare. The decision will also explain how to file a second-level appeal, if applicable.
myAppeal
The California Employment Development Department (EDD) provides a portal called myAppeal for managing your UI appeal. You can only sign up AFTER you have requested an appeal and are given a case number. After filing an appeal with the EDD, the CUIAB will send an Appeal Acknowledgement and Welcome Letter. This letter serves to inform all parties involved that the appeal has been received by the California Unemployment Insurance Appeals Board (CUIAB), and it also provides the necessary information to create and register for a myAppeal account.
To create a myAppeal account, visit https://cuiab.ca.gov/myappeal. Simply click on the Registration button and follow the instructions verifying your personal information.
California Unemployment Insurance Appeals Board
If you disagree with the decision after the administrative law judge’s ruling, you can appeal to the California Unemployment Insurance Appeals Board. If you live outside of California, the appeal hearing can be conducted over the phone, so you do not need to travel to California to attend the hearing.
To appeal the judge’s decision, you must write a letter and include your name and address, employer name and account number, representative’s name and address (if applicable), and the name and Social Security number of any claimant involved. Provide your phone number, email address, the date of the decision you’re appealing, and the reasons for the appeal. If your appeal is late, you need to explain why.
You have the right to ask for a copy of the case record, submit more evidence, and offer oral arguments during the appeal period. If you want to do any of these things, you must request them in your appeal letter.
If you want to submit more evidence, you need to explain why it’s important and why you didn’t present it during the initial hearing. You also need to provide a copy of the new evidence. The Board usually doesn’t consider new evidence unless there is a good reason to do so.
Civil Court
If you’re not satisfied with the decision of the Appeals Board, you have the option to appeal to your county’s Superior Court by submitting a Petition for Writ of Mandate within six months of the date when the Board’s final decision was mailed.
How to prepare for your California unemployment appeals hearing
Before the hearing, review all necessary documents and records and interview witnesses. You can also review the EDD’s appeal file by visiting the Office of Appeal. Make early requests to postpone the hearing date or subpoena witnesses whose attendance you cannot control.
At the hearing, show up on time and have witnesses with first-hand knowledge attend if possible. Present key documents such as personnel records or time cards. In discharge cases, the burden is on the employer to prove willful misconduct, and if the claimant quit, the burden is on the claimant to show they left for compelling reasons.
The ALJ will make the decision based on the facts presented at the hearing. Once the hearing is closed, you generally cannot offer additional evidence. The ALJ will issue the decision in writing. If you receive an unfavorable decision, you can file an appeal with the California Unemployment Insurance Appeals Board within 20 days. The Board will review all of the evidence and issue a written decision.
What was my California unemployment claim denied?
To receive California unemployment benefits, you must meet certain eligibility requirements. There are several reasons why your California unemployment application may be denied.
Quitting without good cause: If you quit your job voluntarily without a good reason (such as harassment, unsafe working conditions, or discrimination), you may be denied benefits.
Fired for misconduct: If you were fired for misconduct, such as theft, dishonesty, or violating company policies, you may be denied benefits.
Not able or available to work: If you are unable to work due to a disability or medical condition, or are not available to work because of other commitments (such as caring for a child), you may be denied benefits. You will also lose benefits if you fail to meet the California unemployment work search requirements.
Receiving other benefits: If you are receiving workers’ compensation or other disability benefits, you may be denied unemployment benefits.
Failing to report earnings or other information: When you file your weekly claim, you may be denied an unemployment benefit if you fail to report earnings or other information accurately, or if you knowingly commit unemployment fraud.
If you were mistakenly denied benefits, be sure to file your unemployment appeal within 30 days of the decision.