Can I Appeal a Denial of Unemployment Benefits in California?

 

Find out how to appeal if your unemployment benefits claim is denied by the California Employment Development Department.

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If the California Employment Development Department denies your claim for unemployment insurance benefits, you can challenge that decision by filing an appeal. If you win your appeal, you will be eligible for retroactive benefits, back to the date when your claim should have been granted. (To get retroactive benefits, you must keep filing weekly claims while your appeal is pending, as explained below.)

After you file your initial claim for unemployment benefits, the California Employment Development Department will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive each week. If the California Employment Development Department finds that you are not eligible for benefits, you can appeal that decision. And, if the California Employment Development Department finds you eligible to receive benefits, your former employer can appeal that decision.

How and When to File an Appeal of Denial of Benefits in California

You can appeal a decision by the California Employment Development Department by mailing a written appeal to the California Unemployment Insurance Appeals Board. You can find detailed information on filing an appeal, including hearing information and forms, at the Unemployment Insurance Appeals page of the California Employment Development Department website. You must file your appeal within 30 calendar days of the mailing date of the California Employment Development Department decision. 

The written determination from the California Employment Development Department is a great place to look for more information on filing an appeal. It may include instructions, deadlines, an appeal form, and/or a link to an online portal for filing an appeal. You can also check the California Employment Development Department website and the Unemployment Insurance: A Guide to Benefits and Employment Services for instructions and forms for filing an appeal.

What You Should Include in Your Appeal

In your appeal, you should explain why you believe the decision to deny you benefits was wrong. For example, if the written determination found you ineligible for benefits because you were fired for misconduct, you will need to offer facts showing that conclusion is incorrect. Perhaps you were actually laid off for lack of work, or your job was eliminated when the company downsized, for instance.

Your state may have a form that you can fill out to file your appeal, or you may be able to file an appeal online. Be sure to provide all of the information requested on the form or instructions, such as your Social Security number, any claim number included in your determination, and the date you are filing your appeal. 

What Happens After You File Your Appeal?

Once it receives your appeal, the California Unemployment Insurance Appeals Board will contact your former employer and give them a chance to submit a response. The California Unemployment Insurance Appeals Board will also likely set a date and time for a hearing on your appeal. The hearing may be by phone or in person.  

You and your former employer will have a chance to present evidence. You may have to provide this evidence before the hearing, or you may present it at the hearing itself. (How and when you should present your evidence will be determined by your state’s hearing and appeal rules.) For example, you may want to submit documents showing your rate of pay or other proof that you earned enough to meet your state’s monetary eligibility requirements. Or, you may want to provide documents or witness statements (either in writing or in person at the hearing) showing that you were fired for a reason other than misconduct. 

After the hearing, the California Unemployment Insurance Appeals Board will notify you and your former employer of its decision. If you are denied benefits again, you can appeal that decision. You can find information on filing this second-round appeal at the California Employment Development Department appeals page; the written decision denying your initial appeal may also include a form and/or instructions for filing an appeal.

Claim Your Weekly Benefits During the Appeal

You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. Make sure you follow all of the rules that apply to those receiving benefits, such as performing a work search. That way, if you win the appeal, you will be eligible for retroactive benefits, dating back to when your claim was initially denied.  For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits? 

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Jurisdictional relevance: ST

There are versions of this article for each State.