EDD Appeal Phone Hearing: What to Expect at a CUIAB Telephone Hearing

Telephone Is the Default Hearing Format

Most first-level EDD unemployment appeals in California are conducted by telephone. When the CUIAB Office of Appeals schedules your hearing, you'll receive a Notice of Hearing with a toll-free call-in number, a conference ID, and your hearing date and time.

You call the bridge number at the scheduled time — the Administrative Law Judge does not call you. If you filed the appeal and neither appear nor submit a written statement or declaration, the judge will dismiss the case. If another party filed the appeal, the judge will proceed without your testimony.

You can request an in-person hearing instead, particularly if complex witness credibility issues are involved. CUIAB stated in January 2026 that it did not have video-hearing capability. But for most cases, telephone is what you'll get.

Before the Hearing

The preparation work matters more than anything you say on the call. Here's what to do once you receive the Notice of Hearing:

Request your case file immediately. Contact the CUIAB Office of Appeals listed on your Welcome Letter and ask for copies of everything in your file — the original EDD determination, your appeal form, employer statements, and field auditor interview notes. Reviewing this file reveals what evidence EDD relied on and where the gaps are.

Organize your exhibits. Any documents you want the judge to consider — emails, text messages, pay stubs, performance reviews, medical records, termination letters — must be filed with the CUIAB and served on the opposing party before the exhibit deadline stated in the Notice of Hearing. Late submissions may be excluded.

Redact sensitive information. Remove full Social Security numbers, bank account details, and unrelated medical information from anything you submit.

Prepare your environment. Find a quiet room with reliable phone service. Background noise, dropped calls, and interruptions during testimony can hurt your case. Have all your documents organized and within reach.

How the Hearing Unfolds

CUIAB hearings follow a structured sequence under Title 22 CCR section 5062:

1. Opening. The ALJ starts the recording, states the case number, identifies everyone on the call, and outlines the specific legal issues being reviewed.

2. Exhibit identification. The judge marks the agency records into evidence and gives both sides a chance to object.

3. Oath. Everyone who will testify is sworn in under penalty of perjury.

4. Questioning. The ALJ typically asks the initial questions to establish the basic facts. Then the appealing party presents their testimony and calls any witnesses.

5. Cross-examination. Each side gets to question the other's witnesses. This is your chance to challenge inconsistencies in the employer's account or the EDD's findings.

6. Closing. Both parties can make a brief closing statement summarizing why the evidence supports their position.

What the Judge Focuses On

The ALJ's questions track the specific statutory grounds for denial. For the most common scenarios:

Misconduct discharge (CUIC section 1256): The employer must prove your conduct was a deliberate, willful disregard of their interests or reasonable rules — not just poor performance or an isolated mistake. The judge will ask whether you received written warnings, whether you had a chance to correct the behavior, and whether the employer's policy was consistently enforced.

Voluntary quit (CUIC section 1256): You must prove you left for "good cause" — a real, substantial reason that would make a reasonable person genuinely wanting to keep their job take the same action. The judge will ask what steps you took to preserve the employment before resigning.

Availability (CUIC section 1253(c)): The judge examines whether you were able and available for suitable work during the weeks at issue, including whether any restrictions kept a substantial field of suitable employment open.

After the Hearing

The ALJ mails a written decision to all parties, typically within several weeks. If you win, EDD processes retroactive payment for all certified eligible weeks — this usually takes 10 to 21 days after the decision. If you lose, you have 30 days from the decision's issue date to file a second-level Board appeal through the CUIAB myAppeal portal.

Our California Unemployment Appeal Guide walks through the full hearing preparation process with exhibit checklists, witness preparation templates, and a timeline tracker for every deadline.

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