Responding to EDD Denial Arguments

Counter-Arguments for California Unemployment Insurance Appeals

Understanding EDD Appeals

When EDD denies or reduces your unemployment benefits, you have the right to appeal. The appeal hearing is conducted by an Administrative Law Judge (ALJ) who will consider evidence from both you and your former employer.

Key Statistics: Approximately 40-50% of unemployment appeals result in the claimant winning. Being prepared with the right counter-arguments significantly improves your chances.

EDD Argument: "Discharged for Misconduct"Most Disputed

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Understanding This Denial

EDD determined that you were fired for "misconduct connected with your work." This results in disqualification from benefits for 5-15 weeks (or the entire benefit year for certain severe misconduct).

BURDEN OF PROOF: EMPLOYER

The employer must prove misconduct by a preponderance of evidence. If they cannot prove it, you win. Do not accept the employer's characterization without challenging their evidence.

Legal Definition of Misconduct

Under California law, "misconduct" is narrowly defined and requires ALL of the following:

  • A material breach of the duties owed to the employer
  • Willful or wantonly negligent conduct (not ordinary negligence)
  • Disregard of the employer's interests
  • Knowledge that the conduct was wrong or harmful

Counter-Arguments: What is NOT Misconduct

Poor Performance: Inability to meet job requirements, even if resulting in termination, is NOT misconduct. Mistakes, errors in judgment, and failure to meet performance standards are not disqualifying unless willful.
Ordinary Negligence: Simple carelessness or inadvertent errors are NOT misconduct. Misconduct requires a willful or wantonly negligent mental state.
Good Faith Errors: If you were trying to do your job correctly but made a mistake, that's not misconduct. Good intentions matter.
Isolated Incidents: A single incident is generally not misconduct unless it's severe (theft, violence, intoxication). Most misconduct requires a pattern of behavior.
No Warning: If you weren't warned that your behavior was problematic, it's harder to prove you knew it was wrong. Ask: "Where is the written warning?"
No Policy: If there was no written policy prohibiting your conduct, it's harder to prove misconduct. Ask: "Show me the policy I violated."

Legal Authority

Unemployment Insurance Code § 1256: Defines misconduct as a "willful or wantonly negligent" act that "materially breaches" employment duties.
Precedent Decision P-B-3: "Mere inefficiency, unsatisfactory conduct, failure of good performance as the result of inability or incapacity, inadvertencies, ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed 'misconduct.'"

Sample Response Language

"I dispute that my conduct constituted 'misconduct' under California Unemployment Insurance Code § 1256. [Choose applicable]: My termination was based on performance issues, not willful wrongdoing. / I made an honest mistake in good faith. / I received no prior warnings that this conduct was unacceptable. / There was no written policy prohibiting this action. / This was an isolated incident, not a pattern of behavior. / Other employees engaged in the same conduct without termination. The employer has the burden of proving misconduct, and the evidence does not support this characterization."

Questions to Ask at Hearing

  • "What specific policy did I violate? Can you produce it?"
  • "When was I warned about this behavior prior to termination?"
  • "How did my conduct harm the employer's interests?"
  • "Were other employees disciplined for similar conduct?"
  • "What evidence shows I acted willfully, not by mistake?"

EDD Argument: "Voluntary Quit Without Good Cause"Common

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Understanding This Denial

EDD determined that you voluntarily left your job without "good cause." This results in disqualification from benefits until you earn at least 5 times your weekly benefit amount.

BURDEN OF PROOF: CLAIMANT

You must prove you had "good cause" for leaving. This means showing that a reasonable person in your situation would have had no reasonable alternative but to quit.

Good Cause Reasons Under California Law

Unsafe Working Conditions: Health or safety hazards, OSHA violations, COVID exposure without proper protections, or other dangerous conditions justify quitting.
Harassment or Discrimination: Sexual harassment, hostile work environment, discrimination based on protected characteristics, or retaliation for complaints.
Significant Reduction in Pay: A substantial pay cut (generally 20%+ or more) can constitute good cause, especially if not agreed to in advance.
Significant Reduction in Hours: A major cut in your regular hours that substantially reduces your income.
Substantial Change in Duties: Being demoted or assigned work significantly different from what you were hired to do.
Medical Reasons: Health conditions that make it impossible to continue working, with documentation from a healthcare provider.
Domestic Violence: Leaving work due to domestic violence is specifically protected under California law.
Following Spouse: Relocating because your spouse or domestic partner moved for employment purposes.
Constructive Discharge: When conditions are so intolerable that a reasonable person would have no choice but to quit, this is treated as a termination, not a quit.

Legal Authority

UI Code § 1256: Allows benefits when the claimant left work with "good cause."
UI Code § 1030: Protects victims of domestic violence who leave work.
Precedent Decision P-B-27: Good cause exists when the circumstances causing the quit are "real, substantial, and compelling" and would cause a "reasonable person" to leave employment.

Sample Response Language

"I had good cause to leave my employment because [choose applicable]: I was subjected to unsafe working conditions including [describe]. / I experienced harassment/discrimination based on [protected characteristic]. / My pay was reduced by [X]% without my consent. / My hours were cut substantially from [X] to [Y] hours per week. / My job duties were changed significantly from [original duties] to [new duties]. / I had a medical condition that prevented me from continuing, as documented by my physician. / I was experiencing domestic violence that made it necessary to leave. I attempted to resolve these issues by [describe efforts] before deciding I had no alternative but to quit."

Key: Show You Tried to Preserve Employment

To strengthen your case, demonstrate that you:

  • Complained to management or HR about the problem
  • Gave the employer opportunity to fix the situation
  • Requested accommodation or alternative arrangements
  • Did not quit impulsively - made reasonable efforts first

EDD Argument: "Overpayment - Benefits Must Be Repaid"Common

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Understanding This Issue

EDD claims you received benefits you weren't entitled to and demands repayment. This can be thousands of dollars. You have two separate rights: (1) appeal the overpayment determination itself, and (2) request a waiver even if the overpayment is valid.

Important: Even if you owe the overpayment, you may qualify for a waiver that eliminates or reduces your repayment obligation. Always request a waiver.

Counter-Arguments: Challenging the Overpayment

Dispute the Amount: EDD's calculation may be wrong. Request detailed documentation showing how the overpayment was calculated and verify each week.
Dispute the Finding: If the overpayment is based on an incorrect disqualification (like misconduct), challenge the underlying determination.
EDD Error: If EDD made a mistake in processing your claim, this supports both challenging the overpayment and requesting a waiver.

Requesting an Overpayment Waiver

Even if you legitimately owe the money, California allows waivers when:

No Fault: You were not at fault in causing the overpayment. Examples: EDD error, employer provided wrong information, you reported information correctly but EDD processed it wrong.
Against Equity and Good Conscience: Repayment would be unfair because you relied on the benefits in good faith, changed your position based on receiving them, and repayment would cause financial hardship.
Financial Hardship: Repayment would deprive you of necessary living expenses. Document your income and expenses.

Legal Authority

UI Code § 1375: Allows EDD to waive overpayment recovery when the overpayment was not the claimant's fault and recovery would be against equity and good conscience.

Sample Response Language

"I request a waiver of the overpayment under UI Code § 1375. The overpayment was not my fault because [I reported all information honestly to EDD / EDD made an error in processing my claim / the employer provided incorrect information]. Additionally, repayment would be against equity and good conscience because: I relied on these benefits in good faith to pay for basic living expenses; I no longer have the funds and repayment would cause severe financial hardship; I would be deprived of necessary living expenses including rent, utilities, and food. I certify that my current monthly income is $[amount] and my monthly expenses are $[amount]."

EDD Argument: "Not Available for Work"Technical

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Understanding This Denial

EDD determined you were not "available for work" during certain weeks. To be eligible, you must be able to work, available for work, and actively seeking work.

Counter-Arguments

Able to Work: You were physically and mentally capable of performing work suitable to your experience and training. Medical restrictions don't disqualify you if there's a labor market for work within your restrictions.
Available for Work: You were ready, willing, and able to accept suitable work immediately. Brief unavailability (vacation, illness) doesn't disqualify if you're generally available.
Reasonable Restrictions: You can limit your availability to your usual occupation for a reasonable period. You don't have to accept any job immediately.
Part-Time vs. Full-Time: If you're seeking part-time work, you may still be eligible if there's a labor market for part-time jobs in your field and you have a legitimate reason.

Legal Authority

UI Code § 1253(c): Requires claimants to be "able to work and available for work."
Precedent Decision P-B-17: A claimant need not be available for all types of work, only for work suitable to their training and experience.

Sample Response Language

"I was able and available for work during the weeks in question. I was physically capable of working and ready to accept suitable employment immediately. [If applicable]: Although I have some medical restrictions, there is a labor market for work within my restrictions. / Although I was seeking part-time work, this was for a legitimate reason and there is a labor market for part-time positions in my field. I was actively seeking work and would have accepted any suitable position offered to me."

EDD Argument: "Failed to Meet Work Search Requirements"Common

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Understanding This Denial

EDD determined you didn't conduct adequate work search activities for one or more weeks. California requires active job searching while receiving benefits.

Counter-Arguments

Document Your Search: Provide detailed records of all job search activities: companies contacted, positions applied for, dates, and results. Even informal networking counts.
What Counts as Work Search: Job applications, resume submissions, interviews, networking, attending job fairs, registering with staffing agencies, responding to job postings, contacting employers directly.
Union Members: If you're a union member relying on union hiring hall, this can satisfy work search requirements.
Recall Date: If you have a definite recall date, work search requirements may be reduced or waived.

Sample Response Language

"I conducted active work search during the weeks in question. My activities included: [List specific activities with dates, company names, and positions]. I made [number] job contacts per week. [If applicable]: I am a union member in good standing and was available through the hiring hall. / I had a definite recall date of [date]. I was making a genuine effort to find employment."

EDD Argument: "Refused Suitable Work"Serious

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Understanding This Denial

EDD claims you turned down a job offer that was "suitable" for you. Refusing suitable work without good cause results in disqualification.

BURDEN OF PROOF: EDD/EMPLOYER

EDD must prove the work was "suitable." You can challenge whether the work was actually suitable or show you had good cause to refuse.

Counter-Arguments: Work May Not Be "Suitable"

Wages Too Low: Work paying substantially less than your previous job is not suitable. California law protects your right to seek comparable wages.
Not in Your Field: During an initial period of unemployment, you can limit your search to your usual occupation and skill level.
Unreasonable Distance: Extremely long commutes may make work unsuitable.
Health/Safety Concerns: Work that would endanger your health or safety is not suitable.
Labor Dispute: You cannot be required to accept work at a location with an active labor dispute.
Hours Incompatible: Work with hours that conflict with legitimate responsibilities (childcare, etc.) may not be suitable.

Legal Authority

UI Code § 1257(b): Defines when refusal of work results in disqualification.
UI Code § 1258, 1258.5, 1259: Define factors for determining "suitable work."

Sample Response Language

"The work I allegedly refused was not 'suitable' under California law because: [Choose applicable]: The wages offered ($[X]/hour) were substantially below my previous wages of $[Y]/hour. / The position was not reasonably related to my training and experience as a [occupation]. / The commute of [X] miles/hours was unreasonable. / The working conditions presented health/safety concerns. / The hours were incompatible with my childcare/family obligations. I was willing to accept suitable work but this particular offer did not meet the legal standard."

EDD Argument: "Made False Statement to Obtain Benefits"Serious

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Understanding This Issue

EDD claims you made a false statement or withheld material information to obtain benefits. This is the most serious allegation, as it can result in a 30% penalty, fraud disqualification, and potential criminal referral.

Serious Consequences: If EDD proves fraud, you face: (1) Full overpayment repayment, (2) 30% penalty on top of overpayment, (3) Disqualification for 5-23 weeks, (4) Potential criminal prosecution.

Counter-Arguments

No Intent to Deceive: Fraud requires intentional deception. Honest mistakes, confusion about requirements, or inadvertent errors are not fraud.
Reported Information: If you reported the information EDD claims you concealed, show documentation of what you reported and when.
Confusing Questions: EDD's forms and questions can be confusing. If you misunderstood what was being asked, that's not fraud.
Technical Issues: Online system glitches, phone system problems, or other technical issues can cause reporting errors.

Legal Authority

UI Code § 1257(a): Disqualifies claimants who "willfully made a false statement or representation or willfully failed to report a material fact."
Key Term - "Willfully": Fraud requires intentional misrepresentation. Negligence or mistake is not sufficient for a fraud finding.

Sample Response Language

"I did not make any willful false statement to obtain benefits. [Choose applicable]: I reported all information honestly to the best of my knowledge. / If there was an error in my reporting, it was an honest mistake, not intentional fraud. / I was confused by the question on the certification form and did not understand what was being asked. / I experienced technical difficulties with the online system that may have caused reporting errors. / I did report [the information in question] on [date/method]. I had no intent to deceive EDD or obtain benefits I was not entitled to."

California Unemployment Appeal Resources

EDD Office of Appeals

File and track your appeal. Request hearing accommodations.

edd.ca.gov/unemployment/appeals

California Unemployment Insurance Appeals Board (CUIAB)

Second-level appeal if you lose at the ALJ hearing.

cuiab.ca.gov

Legal Aid at Work

Free legal assistance for low-income workers with unemployment issues.

Phone: 415-864-8848

legalaidatwork.org

EDD Precedent Decisions

Research past decisions that may help your case.

CUIAB Precedent Decisions

Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Unemployment law is complex and each situation is unique. For personalized advice about your specific situation, consult with an attorney or contact a legal aid organization. The strategies and sample language provided here may not be appropriate for all situations.

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