I'm new to this community but wanted to share my perspective as someone who works in unemployment appeals. What I'm seeing in this thread is really encouraging - so many success stories from people who were in similar situations! One thing I'd add that might help both Mason and Harold: when you're preparing for your eligibility interview, focus on the "but for" test. Ask yourself: "But for the ultimatum/investigation, would I have quit my job?" If the answer is no (which it sounds like it is for both of you), that's a strong indicator this wasn't truly voluntary. EDD adjudicators are trained to recognize the difference between someone who quits because they're unhappy versus someone who's forced out through employer pressure. The resignation letter is just one piece of evidence - they'll weigh it against all the circumstances. Also, don't be discouraged if your initial claim gets denied. The appeals process exists for exactly these types of nuanced situations, and judges at that level often have even more experience with constructive discharge cases. Keep documenting everything and stay organized with your timeline of events. You both sound like you have strong cases based on what you've shared. Good luck!

I'm new to this community and just want to say how incredibly helpful this entire thread has been! I'm not dealing with this exact situation myself, but I have a friend who went through something very similar last year and I wish we had found resources like this community back then. Reading through all these success stories and professional insights really shows how important it is to not give up when employers use these tactics. The "but for" test that Jessica mentioned is brilliant - such a clear way to evaluate whether a resignation was truly voluntary. For anyone reading this thread who's in a similar situation: it's clear that filing for benefits is worth it even when you've signed a resignation letter. The pattern here seems to be that honesty, documentation, and persistence are key. EDD appears to be well-trained to see through these employer strategies. Thanks to everyone who shared their experiences - you're helping so many people who are facing these difficult situations!

I just went through this exact situation last month and want to add a few practical tips that really helped me stay organized during the process: 1. Create a dedicated folder (physical or digital) for all appeal-related documents - you'll be surprised how much paperwork accumulates 2. Set phone reminders for your certification dates - the stress can make you forget routine things 3. If you have any coworkers you're still in touch with, reach out sooner rather than later for witness statements - people's memories fade quickly The waiting period is honestly the hardest part because your mind just spirals with "what if" scenarios. But based on everything you've shared, you have a really solid case. Position elimination due to restructuring is about as clear-cut as it gets for continuing benefits. One thing that gave me peace of mind was calling EDD to confirm they had received the appeal paperwork and that my case was in the queue. Sometimes just having that confirmation helps with the anxiety. Also, don't feel like you need to over-prepare or hire expensive legal help. The Administrative Law Judge is used to dealing with regular people, not lawyers, and they'll guide you through the process. Your termination letter is going to do most of the heavy lifting for your case. Hang in there - this community is rooting for you and you're going to get through this just fine!

I went through this exact same situation about 8 months ago and I completely understand the panic you're experiencing right now! The uncertainty is absolutely the worst part, but I want to reassure you that in the vast majority of cases, your benefits will continue during the appeal process. Here's what helped me get through it: **Immediate relief**: Your benefits should NOT stop while the appeal is pending. I continued receiving my regular payments throughout the entire process, and most people in this situation do too. **Timeline**: My hearing was scheduled about 6 weeks after my employer filed the appeal. The EDD Office of Appeals will mail you a Notice of Hearing at least 10 days before your scheduled date. **Preparation that actually matters**: - Your termination letter stating "position elimination due to departmental restructuring" is GOLD - that's exactly what wins these cases - Write down a chronological timeline of events while everything is still fresh in your memory - Gather any emails, company announcements, or communications about layoffs/restructuring - Don't stress too much about witness statements unless your employer is making very specific misconduct claims **The hearing itself**: Mine was a 15-minute phone call with an Administrative Law Judge who asked straightforward questions. It was way less intimidating than I imagined. The judge just wanted to understand the facts of my separation. **Key point**: The burden of proof is on your EMPLOYER to prove misconduct. Based on your description, they're going to have a very difficult time doing that when you have documentation showing position elimination. You've got this! Keep certifying every two weeks, focus on organizing your paperwork, and try not to let the anxiety consume you. This community is here to support you through the process.

Just following up - were you able to get clarity on this? For anyone finding this thread later, here's the official word: According to the EDD's UI benefit determination guide, distributions from qualified retirement plans (including 401k, IRA, etc.) are NOT considered wages for UI purposes. These distributions should not affect your weekly benefit amount. However, ongoing pension payments (not one-time distributions) might reduce your benefits, depending on whether your base period employer contributed to that pension. The safest approach is always to report and let EDD make the determination rather than risk an overpayment situation.

Great to hear you got confirmation from EDD! This is such a common source of confusion for people dealing with layoffs. Your experience perfectly illustrates why it's worth the hassle of getting through to an actual representative when you're unsure - better to get the official word than stress about it or potentially miss out on benefits you're entitled to. Thanks for following up with the resolution - this thread will definitely help others in similar situations!

UPDATE: I filed a new claim yesterday through UI Online. It was actually easier than I remembered - took about 30 minutes to complete. The system confirmed my benefit year had ended from my previous claim. Now I just have to wait and hope it processes quickly. Thanks everyone for the advice and guidance!

Great to hear you got your new claim filed! Just wanted to add a heads up - since you were only at your recent job for about 7 months (March to October), keep an eye out for any potential issues with wage verification. Sometimes EDD has trouble pulling wage data from employers quickly, especially for shorter employment periods. If your claim gets stuck in "pending" status for more than a week or two, it might be worth calling (or using that Claimyr service Andre mentioned) to make sure they have all your wage information. Also, since you mentioned bills are tight, look into local food banks or utility assistance programs in your area while you're waiting for benefits to kick in. Hope everything processes smoothly for you!

I went through something very similar about 6 months ago! Took a temp job paying $18/hr after losing a $35/hr position. The partial benefits absolutely helped me get through those months. A few things I learned that might help: - Keep detailed records of your work schedule and pay stubs. I created a simple spreadsheet tracking hours worked each week - When certifying, be super precise about the dates you worked vs the certification period dates - this tripped me up once - If you work irregular hours (some weeks more, some less), your partial benefit amount will vary accordingly - The temp agency should provide you with clear documentation of your work dates when the assignment ends - ask for this upfront The good news is that having some income plus partial benefits kept me afloat financially, and it did look better to potential employers that I was working rather than just collecting full benefits. My temp assignment actually got extended twice and led to some good networking opportunities. Hang in there!

Just wanted to add my experience since I went through this exact situation last year! I was laid off from a $42/hr job and took a temp position at $25/hr for 5 months. The partial benefits were a lifesaver during that time. One thing I wish I had known earlier - if your temp job offers any overtime hours, be strategic about when you take them. Some weeks I worked extra hours and earned too much to qualify for ANY partial benefits that week, while other weeks I could have used the extra income. It's worth calculating beforehand whether working those extra hours will push you over the threshold where you lose all benefits for that week. Also, don't forget that you're still building work credits during the temp job, which can help if you need to file a new claim later. The whole experience actually worked out well for me - the temp job gave me new skills and I eventually found a permanent position paying even more than my original job. Sometimes these situations work out better than expected!