How to Appeal a California Unemployment Claim Denial

Losing your job can create a financial hardship for you and your family. Applying for state unemployment benefits helps to ease the burden of not having a paycheck. In California, the Unemployment Development Department (EDD) handles claims for unemployment insurance. The reasons why you were terminated are reviewed before your application can be approved. Generally, if you are fired for cause, such as insubordination or theft, you will not be able to collect benefits. On the other hand, if you were fired for a different reason, like incompetence, you may be approved. If your California unemployment benefits application is denied, you have the recourse of an appeals process. (Reference 5)

Instructions

1. Read the Notice of Determination letter for the decision about your unemployment application.

2. File an appeal within 20 calendar days of the date that your Notice of Determination letter was mailed, if your application is denied.

3. Complete the EDD appeal form or write a letter to the appeals board. The form is not required, but may be used for convenience. Your written communication should include your name, Social Security number, contact information, the reason for your appeal and a copy of the denial letter.

4. Explain your reasons for your appeal. Stress evidence that proves that you were not fired through any fault of your own. Attach any documents and other evidence that support your claim. To ensure that your appeal is timely, send your letter certified mail return receipt requested.

5. Attend the hearing with the State of California Unemployment Insurance Appeals Board administrative law judge after you have been notified of the date. You can bring evidence and witnesses to your hearing in order to prove your case.

6. Read the decision of the administrative law judge. If your appeal was denied, you have 20 calendar days to write to the Appeal Board for further review of your case. Include the information and documents that you sent with your first-level appeal. You are not allowed to introduce anything new to your case. However, within 10 days after receiving the letter of your hearing date, you can request to bring in new information or to offer a written or verbal explanation at the hearing.

7. File a Writ of Mandate with the State of California Superior Court if the Appeals Board upholds your denial. At this point, your administrative appeals with the EDD have ended.

References

• State of California Unemployment Insurance Appeal Board: CUIAB Appeals Process
• State of California Employment Development Department: Fact Sheet
• State of California Employment Development Department: First Level Appeal
• State of California Employment Development Department: Second Level Appeal
• State of California Employment Development Department: Eligibility

Resources

• Official California Legislative Information: California Unemployment Insurance Code
• State of California Employment Development Department: Employment Development Department Appeal Form