Becoming unemployed is stressful, especially if you do not receive unemployment benefits. In some instances, the Employment Development Department (EDD) can deny people the benefits they need. If you do not receive unemployment benefits, read what to do if you were denied unemployment in California for helpful information.
Understand Why You Were Denied Benefit
Before you can challenge a denial, you need to know why you were denied. The California Employment Development Department (EDD) sends out a document called the notice of determination,which outlines the reason for the decision.
Here are some common reasons you might be denied:
- Voluntarily quitting your job without “good cause”
EDD generally requires you to have left your job for a compelling reason (e.g., unsafe working conditions, harassment, or major family emergency). Quitting for personal convenience isn’t usually enough. - Being terminated for “misconduct”
Under unemployment rules, misconduct is something that is not allowed and hurts your employer. Most mistakes that do not harm your employer are not misconduct. - Not earning enough during the base period
To qualify for benefits, you need to have earned a minimum amount during a specific timeframe called the base period. - Not being “able and available” to work
If you are sick, out of the country, or otherwise unable to accept work, it may affect your eligibility. - Failure to verify identity or complete requested documentation
Many people are denied for not responding to EDD’s requests for information or not completing ID verification steps through ID.me.
If you disagree with the reason given, you have a right to challenge the decision — which brings us to the next step.
Can You Get Unemployment Benefits If You Quit
If EDD denies your unemployment claim it must give you a written notice that says why your claim was denied. You have the right to appeal and have a fair hearing before an independent hearing officer. You have 30 days to appeal from the date of the written notice. You need to have a good reason to appeal more than 30 days after the date of the written notice.
Once you appeal, there will be a hearing scheduled to give you a chance to explain why you think you are eligible for unemployment and for a hearing officer judge to decide if EDD is right or wrong. You can get information about your appeal at MyAppeal. If the judge decides you are right, the hearing officer may order EDD to pay you unemployment benefits.
More Info
A form you can use to appeal can be downloaded from the California Employment Development Department (EDD). For general information, the EDD has page that explains how to file and manage your claim for Unemployment Insurance benefits.
File an Unemployment Appeal Claim
You must submit your appeal in writing within 30 days of the mailing date on your Notice of Determination and/or Ruling (DE 1080CZ) or Notice of Overpayment (DE 1444CT). Late appeals may still be accepted if you provide a valid reason for the delay, which will be reviewed by an Administrative Law Judge (ALJ).
- To appeal, download the Appeal Form (DE 1000M)
- Mail your appeal to the address listed on your notice. If you need a copy or mailing address, contact Unemployment Customer Service at 1-800-300-5616, send a message through your UI Online account, or visit an America’s Job Center of California (AJCC).
After You File
EDD will review your appeal and may reverse the disqualification based on new information. If not, your appeal will be sent to the California Unemployment Insurance Appeals Board (CUIAB). You’ll receive a letter confirming receipt and details of your appeal.
Important: Continue certifying for benefits while your appeal is pending. You can only be paid for weeks you’ve certified and met eligibility requirements.
The Hearing
The Office of Appeals will mail a Notice of Hearing at least 10 days before your scheduled hearing. It will include the date, time, location, and preparation instructions.Please read the Hearing Information Pamphlet included with the hearing notice to find out more information about your hearing.
For more details, visit the California Unemployment Insurance Appeals Board website.
Withdrawing Your Appeal
You may withdraw your appeal before a decision is issued by calling or writing the Office of Appeals.
After the Hearing
The ALJ’s written decision will be mailed to you, your employer, and the EDD. If you win, you’ll be paid for certified, eligible weeks. If denied again, the notice will explain how to file a second-level appeal.
Second-Level Appeals
If you disagree with the ALJ’s decision, you can file a second-level appeal with the CUIAB. Learn more at Filing an Appeal | CUIAB.
How to Request for Appeal to the California Unemployment Insurance Appeal Board
Sent by Mail or Fax to (916) 263-6765
California Unemployment Insurance Appeal Board
Sacramento Office of Appeals
2400 Venture Oaks Way
Suite 100
Sacramento, CA 95833
(916) 263-6765
Re: Board Appeal for Case No(s).
Dear California Unemployment Insurance Appeal Board:
I am writing to request a board appeal of the above decision(s).
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Information for Processing Appeal
Here is my information for processing the appeal:
Claimant Name:
Address:
Phone Number:
Email Address:
Date of Decisions:
-
Request for Copy of Administrative Record
As part of this appeal, I request a complete copy of the record in this matter, including a recording of the administrative hearing. It is my understanding that copies of the record are free to claimants.
I am also requesting the opportunity to submit additional written argument after the receipt of the full administrative record.
-
Submission of Additional Evidence
I am requesting that the following evidence be considered on appeal.
- [Describe evidence.] This evidence is important because it shows [describe why important]. This evidence was not provided earlier because [explain why it was not provided earlier].
- [Describe evidence.] This evidence is important because it shows [describe why important]. This evidence was not provided earlier because [explain why it was not provided earlier].
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Argument
I believe the Administrative Law Judge made the following errors in reaching the appealed decisions:
- [argument]
- [argument]
- Acceptance of Untimely Appeal
I request that the Appeal Board process and review my appeal. I have good cause for the delay because [explain the good reason why you had a delay in sending in the appeal].
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Conclusion
Thank you for processing this appeal.
Sincerely,
Hire an Unemployment Appeal Lawyer
While filing an appeal, it’s best to hire an unemployment appeal lawyer because they can guide you through the process and give you great legal advice. However, many people hire these lawyers when they disagree with the appeal decision from the EDD. You have the right to file a second-level appeal that restates your case and the reasons why you disagree with the decision. Your unemployment appeal lawyer can help you gather further evidence and present your argument to the EDD.
Conclusion
Losing a job is stressful, especially if you do not receive unemployment benefits. However, you can take steps to get the benefits you deserve. We hope our guide on what to do if you were denied unemployment in California was helpful to you. If you’re thinking about filing an appeal or disagree with the EDD appeal decision, you should contact Pershing Square Law Firm. We’re a team of highly skilled unemployment lawyers who can help you! Call us today for a free consultation.
