What Does the Appeals Process Look Like With EDD?

So the appeals process with EDD operates as kind of a little mini trial. The best way to think about it is if I'm sitting at a conference table, it would be me sitting at the conference table, be you (the client) next to me, you'd have the EDD auditor sitting at the conference table, you'd have the EDD hearing representative (usually an attorney, not always but sometimes) and then you'll have an administrative law judge sitting at the other end of the table. And what happens is kind of a formal mediation process. The EDD will go first. They'll present their case, you get to ask questions, you get to cross-examine, you get to go back and forth on this and then you present your case and they will ask you questions. They'll flesh out your case and then ultimately the judge in the case will make a decision.

The judge isn't going to make a decision on the spot. They generally write their opinions in about 90 days but it kind of functions as a little bit of a mini trial. The rules of evidence are fairly loose although they like you to present your evidence ahead of time so that everybody can review them and you just kind of go back and forth. And you, you build the best case that you can. It's not as formal as a courtroom setting. Everybody is seated, everybody's at the same table together. So it functions like that. EDD appeals: number one, they take a long time. It usually takes a while to get in front of the California unemployment insurance appeals board and then number two is you're spending basically a full day in court going through and arguing that. And so even though it's an administrative setting, there is a certain level of formality you have to have. A certain level of preparation with it and you obviously, you want to do the best you can on the appeal in order to reduce your liability. So that's a good overview of what the appeals process looks like when you go through an EDD appeal.


Sam Brotman, JD, LLM, MBA

Owner and Director of Legal
Brotman Law