California Unemployment

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Ask the community...

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Congratulations on your win! Your experience gives me hope - I'm in a very similar situation where my employer is claiming misconduct for something that happened months before they let me go during "restructuring." It's so frustrating when companies try to game the system like this. Quick question - did you submit any evidence ahead of time or just bring it up during the hearing? I have some emails and my last performance review that I think would help my case, but I wasn't sure about the timing of when to present them. My hearing is next week and I'm definitely nervous about it! Also really appreciate everyone sharing their experiences here. It's reassuring to know that the judges do seem to see through these bogus misconduct claims when employers can't back them up properly.

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I submitted everything ahead of time through the CUIAB portal about a week before my hearing. I uploaded my performance reviews, the emails about restructuring, and a timeline I created showing the gap between the alleged incident and my termination. The judge referenced these documents during the hearing, so I think having them submitted early definitely helped my case. For your hearing, I'd definitely recommend uploading those emails and performance review ASAP if you haven't already. Even if you're cutting it close, submit them - the judge can still consider evidence presented during the hearing itself. One tip: create a simple timeline document showing when the alleged misconduct happened vs when you were actually terminated. That visual really seemed to help demonstrate the disconnect in my case. Good luck with your hearing next week! @Tyler Lefleur

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@Tyler Lefleur You should definitely submit those documents ahead of time if possible! I actually submitted mine about 5 days before the hearing through the CUIAB portal. Having everything uploaded beforehand seemed to help because the judge could review it all in advance and ask more specific questions during the hearing. Your situation sounds almost identical to mine - the timing gap between the alleged misconduct and termination is usually a red flag that screams pretext "to" judges. Make sure you emphasize that timeline! One thing I wish I had done better was organize my thoughts more clearly beforehand. I got a bit flustered when the judge asked for specific dates, so maybe write out a simple chronology for yourself to reference during the call. You ve'got this!

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This is such an encouraging post! I'm currently waiting for my appeal hearing date after EDD denied my claim for alleged "poor performance" - even though I was actually laid off due to budget cuts. It's so frustrating how employers seem to just throw around misconduct allegations hoping we'll give up. Your story gives me a lot of hope, especially the part about having documentation ready. I've been collecting all my old performance reviews and emails just in case. Did you practice what you were going to say beforehand, or did you just wing it during the hearing? Also, congrats on the quick turnaround time! I keep hearing horror stories about people waiting months for decisions, so it's great to see the system actually working efficiently for once. Definitely going to bookmark this thread for reference when my time comes.

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@Ethan Scott I m'glad the post was helpful! I did practice a bit beforehand - I wrote down key points I wanted to make and practiced explaining the timeline out loud. It really helped when I got nervous during the actual call. I d'definitely recommend doing a mock run-through, especially focusing on the dates and sequence of events since judges seem to ask about those details a lot. The documentation was huge for my case. Keep collecting everything you can find - even small things like email acknowledgments of good work or project completions can help paint the picture that this wasn t'really about performance. One thing that surprised me was how conversational the hearing felt once I got past the initial nerves. The judge really did seem interested in getting to the truth rather than just going through the motions. Your situation with poor "performance during" budget cuts sounds like another classic pretext case - hopefully the judge sees right through it like mine did!

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To all those having trouble reaching a human at California Unemployment. I just ran across this video that gave me a shortcut to reach a human. Hope it helps! https://youtu.be/Ize0EkN4HDI

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From my experience calling EDD, their lunch break seems to vary by department and individual representatives. I've noticed the phones are harder to get through around 12-1pm, but I've also had success calling during that time when others were available. The automated system runs 24/7, but for live representatives, I'd suggest calling early morning (8-9am) or mid-afternoon (2-4pm) for better chances of reaching someone without hitting lunch breaks.

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Thanks for sharing your experience with calling EDD! That's really helpful timing advice. I've been struggling to get through for weeks now. Do you have any other tips for getting past the busy signals? I keep getting the "all circuits are busy" message even when I call right at 8am. Also wondering if certain days of the week are better than others for calling?

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I went through this exact same confusion last year! Everyone here is right - EDD uses your highest quarter's TOTAL earnings (all 3 months combined). I had a quarter where I made $8,200, $3,400, and $4,100, so they used the full $15,700 total, not just the $8,200 high month. One thing that really helped me was calling the EDD customer service line early in the morning (like 8:02 AM right when they open) - I actually got through on my second try. The rep walked me through exactly how they calculate it and confirmed my benefit amount over the phone. Your $12,800 quarter should put you around $495-530 per week based on my experience with similar earnings. Just make sure you have all your pay stubs organized by quarter when you file - it makes the whole process much smoother!

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That's a great tip about calling right when they open at 8:02 AM! I've been dreading trying to get through to EDD but knowing there's a better chance early in the morning makes me feel more optimistic about it. Your benefit amount estimate based on similar earnings is really helpful too - gives me a good sense of what to expect. I'm definitely going to organize all my pay stubs by quarter like you suggested before filing. Thanks for sharing your experience!

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Just wanted to add my recent experience to this helpful thread! I filed my claim in January and had the exact same confusion about whether EDD uses the highest quarter total or just the highest month. After going through the process, I can confirm what everyone else has said - they definitely use the TOTAL earnings from your highest quarter (all 3 months combined). In my case, I had one really strong month followed by two weaker ones in my highest quarter, but they still used the full quarterly total. One thing that surprised me was how quickly they processed my claim once I had all the documentation ready. The benefit amount came out pretty close to the estimates people have shared here - roughly 50% of my average weekly earnings during that highest quarter. For anyone still preparing to file: definitely organize your wage info by quarter first like others have suggested. It makes everything so much clearer when you can see exactly which quarter was your highest and what the total was. Good luck to everyone navigating this process!

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Thanks for sharing your recent experience! It's really encouraging to hear that the processing was quick once you had everything organized. I'm curious - when you say the benefit amount came out close to the estimates, was it pretty much exactly 50% of your average weekly earnings from that quarter, or were there some additional adjustments that made it slightly different? I'm trying to get as accurate an estimate as possible before I file so I can plan my budget accordingly.

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I just went through this exact situation 6 months ago when my fintech startup laid off half the company. HR told us the same thing - "wait until WARN payments end" - but I'm so glad I ignored that advice and filed immediately. Here's what actually happened: I filed my claim the day after getting my termination notice, even though I was getting WARN Act pay for 60 days. During those 60 days, I certified every two weeks and reported the WARN payments as "other income." EDD didn't pay me anything during that period (as expected), but my claim was fully processed and approved. The moment my WARN payments ended, my unemployment benefits kicked in automatically - no gap, no additional waiting period. My coworkers who listened to HR and waited to file? They had to wait an additional 4-6 weeks after their WARN pay ended to get their first unemployment check. Some are still dealing with processing delays even now. The key things I learned: 1) Your claim effective date matters for benefit calculations, 2) Processing time doesn't magically disappear just because you wait, and 3) EDD's system is actually designed to handle WARN Act situations - it's not as complicated as HR makes it seem. File now and thank yourself later when you have seamless income transition!

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This is exactly the kind of real-world experience I was hoping to hear about! It's so reassuring to know that someone actually went through this process recently and had success filing immediately. The fact that your benefits kicked in automatically when your WARN payments ended is huge - that seamless transition is exactly what I'm trying to avoid missing out on. I'm definitely convinced now that filing right away is the smart move. It sounds like EDD's system handles this situation pretty smoothly once you know how to navigate it properly. Thanks for sharing the specifics about how the certification process worked during your WARN period - that helps me understand what to expect when I'm reporting those payments every two weeks. Really appreciate you taking the time to share your experience. Stories like yours are way more valuable than whatever generic advice HR is giving us!

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I'm dealing with a very similar situation right now - my consulting firm is shutting down and we just got our WARN Act notices last week. Like everyone else here, HR told us to wait until the 60-day payment period ends before filing for unemployment. But after reading through all these responses, I'm convinced that's terrible advice! What really opened my eyes was learning that HR departments give this guidance to protect their UI tax rates, not to help employees. That explains why they were so insistent about it during our meeting. I had a gut feeling something was off when they kept emphasizing how "important" it was to wait. I'm planning to file my claim tomorrow morning. The thought of having a 6-8 week gap between my WARN payments ending and getting my first unemployment check is terrifying, especially with rent and other bills to worry about. It sounds like filing now will let me transition seamlessly from WARN pay to unemployment benefits without any interruption in income. Thanks to everyone who shared their experiences - you've potentially saved me from making a really costly mistake. It's frustrating that we have to come to online communities to get accurate information instead of being able to trust our own employers, but I'm grateful this discussion exists!

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I just went through this exact situation last week! I was terrified to use the callback feature after reading horror stories online, but I'm so glad I did. Called the SDI line around 11am on a Wednesday, was told the wait was 90+ minutes, opted for callback instead. They called me back exactly 2 hours and 15 minutes later. The rep was amazing - helped me understand my benefit calculation and even caught an error in my claim that would have delayed my payments. My advice: definitely use it if you're calling mid-week and it's before 3pm. Make sure your phone is charged and nearby! The SDI callback system really does seem more reliable than the regular unemployment one.

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This is so reassuring to hear! I'm new to dealing with SDI and was really worried about using the callback system after seeing mixed reviews online. Your experience sounds almost identical to what I'm facing - I need to call about my benefit calculation and I've been dreading sitting on hold for hours. Did they give you any estimate of callback time when you first requested it, or did you just have to wait and see? I'm planning to call tomorrow (Friday) morning but now I'm wondering if I should wait until Monday based on what others have said about Friday callbacks being less reliable.

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@Ravi Malhotra I d'definitely recommend waiting until Monday or Tuesday instead of calling Friday morning! Based on what Grace mentioned earlier she (works as an SDI claims specialist ,)they start dropping callbacks after 2pm on Fridays since they won t'process them over the weekend. When I called on Wednesday, they gave me a rough estimate of 1-3 "hours for" the callback, which turned out to be pretty accurate. Monday mornings can be swamped though, so maybe aim for Tuesday if you can wait. The peace of mind of not sitting on hold for hours is totally worth it - just make sure your phone accepts unknown numbers and keep it nearby!

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I'm actually dealing with SDI right now too and this thread has been super helpful! I've been avoiding the callback system because I thought it was just another EDD disaster waiting to happen, but seeing all these recent success stories is making me reconsider. My question is about documentation they're requesting for my claim - has anyone had luck getting help with that through the callback system, or do they only handle benefit calculation issues? I'm worried about my claim getting delayed if I don't get the right documents submitted soon. Thanks for sharing your experiences everyone!

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@Marcus Marsh The callback system definitely works for documentation questions too! I actually had a similar issue where they were asking for additional medical records for my SDI claim. When I got my callback, the rep was able to walk me through exactly what documents they needed, the proper way to submit them, and even gave me a direct fax number that goes straight to their processing team instead of the general EDD fax that can get lost. She also put notes in my file about what we discussed so there wouldn t'be any confusion later. I d'say documentation questions might actually be easier for them to handle over the phone than benefit calculations since they can look at your file in real-time and tell you exactly what s'missing. Just have your claim number ready and any documents you ve'already submitted so they can see what s'in your file versus what s'still needed.

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