What Questions Do They Ask at an EDD Unemployment Appeal Hearing in California?

The ALJ at your CUIAB hearing is not trying to trick you. The questions follow a structured statutory framework, and knowing what to expect removes one of the biggest sources of anxiety for self-represented claimants. The specific questions depend on why EDD denied your claim, but the pattern is consistent.

Questions in Every Hearing

Regardless of your disqualification type, the ALJ will start with procedural and background questions:

• What is your full name and current mailing address?
• Are you the claimant on this case, and do you understand the issue being heard today?
• Did you receive the Notice of Hearing and do you have any objections to proceeding today?
• Do you have any exhibits you would like entered into the record?
• Do you swear or affirm that your testimony will be truthful?

The ALJ will also identify everyone on the call (for telephone hearings) or in the room, confirm whether the employer has a representative present, and mark all preliminary exhibits into the record.

Voluntary Quit Questions (CUIC § 1256)

When you quit and EDD denied your claim, the burden is on you to prove "good cause." The ALJ's questions will focus on whether a reasonable person who wanted to keep their job would have quit under the same circumstances:

• What was your job title and how long did you work for this employer?
• What was the specific reason you resigned?
• When did the conditions that caused you to quit first begin?
• Did you report the problem to your supervisor or HR? When, and what was their response?
• Did you request a leave of absence, transfer, or any other accommodation before quitting?
• Did you give notice before resigning? How much?
• Were you aware of any internal grievance procedure? Did you use it?

The thread running through these questions is whether you tried to preserve the employment relationship. If you quit due to medical reasons, expect questions about your physician's restrictions and whether you asked for modified duties. If you quit due to a hostile work environment, the ALJ will ask whether you documented the incidents and reported them.

Misconduct Discharge Questions (CUIC § 1256)

When the employer fired you and EDD found misconduct, the employer bears the burden of proof. The ALJ will question both sides:

Questions for the employer's witness:

• What was the claimant's position and hire date?
• What specific conduct led to the termination?
• Was this conduct a violation of a written company policy? Was the claimant aware of that policy?
• Were there prior warnings? Were they documented in writing?
• Did other employees engage in the same conduct? Were they also terminated?

Questions for you:

• Do you agree with the employer's account of what happened?
• Was this the first time you were warned about this conduct?
• Were there circumstances the employer has not mentioned — medical issues, unclear instructions, equipment problems?
• Were you given an opportunity to explain before the termination decision?

The ALJ is distinguishing between willful misconduct (deliberate rule-breaking, insubordination) and ordinary performance issues (mistakes, inability to meet standards, isolated poor judgment). Only willful misconduct disqualifies you. If the employer cannot show the conduct was deliberate and that you knew or should have known it was inconsistent with the expected standard of behavior, the disqualification often does not hold.

Overpayment Questions

If your hearing involves a disputed overpayment (DE 1444), the ALJ will ask about the facts underlying the debt:

• Did you receive benefits for the weeks listed in the overpayment notice?
• Were you working during those weeks? Did you report your earnings on your certification?
• Do you believe the overpayment amount is correct?
• Were you aware of the reporting requirements when you certified?

For fraud penalty disputes, the ALJ will focus on intent: did you knowingly withhold or misrepresent information, or was the error an honest mistake?

Availability Questions (CUIC § 1253(c))

If EDD found you were not "able and available" for work:

• Were you physically able to work during the weeks in question?
• Were you placing any restrictions on the type of work, hours, or location you would accept?
• Was there any reason — illness, childcare, travel — that you could not have started work immediately if offered a job?

Work-Search Questions (CUIC § 1253(e))

If EDD questioned your work-search efforts:

• What work-search activities did you complete during the weeks at issue?
• What records do you have of those activities or of any specific instructions EDD gave you?

How to Prepare Your Answers

Do not memorize scripted responses. The ALJ can tell. Instead, prepare a written timeline of events with specific dates, names, and facts. Keep it in front of you during the hearing. When answering:

• State facts, not conclusions. "I emailed HR on April 3 about the schedule change" is better than "they treated me unfairly."
• If you do not know the answer to a question, say so. Guessing or speculating undermines your credibility.
• If the opposing party says something inaccurate during their testimony, do not interrupt. You will have the opportunity to cross-examine and present rebuttal evidence.

For a structured approach to hearing preparation — including exhibit organization and witness planning — the California Unemployment Appeal Guide walks through each stage with worksheets and checklists.

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