Counter-Arguments for California Unemployment Insurance 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 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).
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.
Under California law, "misconduct" is narrowly defined and requires ALL of the following:
"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."
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.
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.
"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."
To strengthen your case, demonstrate that you:
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.
Even if you legitimately owe the money, California allows waivers when:
"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 $[amount]."
EDD determined you were not "available for work" during certain weeks. To be eligible, you must be able to work, available for work, and actively seeking work.
"I was able and available for work during the weeks in question. I was physically capable of working and ready to accept suitable employment immediately. [If applicable]: Although I have some medical restrictions, there is a labor market for work within my restrictions. / Although I was seeking part-time work, this was for a legitimate reason and there is a labor market for part-time positions in my field. I was actively seeking work and would have accepted any suitable position offered to me."
EDD determined you didn't conduct adequate work search activities for one or more weeks. California requires active job searching while receiving benefits.
"I conducted active work search during the weeks in question. My activities included: [List specific activities with dates, company names, and positions]. I made [number] job contacts per week. [If applicable]: I am a union member in good standing and was available through the hiring hall. / I had a definite recall date of [date]. I was making a genuine effort to find employment."
EDD claims you turned down a job offer that was "suitable" for you. Refusing suitable work without good cause results in disqualification.
EDD must prove the work was "suitable." You can challenge whether the work was actually suitable or show you had good cause to refuse.
"The work I allegedly refused was not 'suitable' under California law because: [Choose applicable]: The wages offered ($[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 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.
"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."
File and track your appeal. Request hearing accommodations.
edd.ca.gov/unemployment/appealsSecond-level appeal if you lose at the ALJ hearing.
cuiab.ca.govFree legal assistance for low-income workers with unemployment issues.
Phone: 415-864-8848
legalaidatwork.orgDisclaimer: 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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