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I went through this exact same situation last year and it's incredibly frustrating! The good news is that your case sounds very straightforward for an appeal - $57K in W-2 wages versus $9.4K in 1099 income clearly shows you were primarily an employee, not self-employed. A few additional tips that helped me: When you file your DE 1000M appeal form, include a cover letter that explicitly states "I am appealing the determination that I am self-employed. My primary income was from W-2 employment." Also, if you have your final pay stub from the marketing agency, that's golden evidence showing your regular employee status right up until your layoff. One thing that really helped my case was including a brief timeline showing when I worked at my regular job versus when I did freelance work. It made it crystal clear to the hearing officer that the freelance work was supplemental income, not my primary occupation. Stay strong - with your income breakdown, you should definitely win this appeal!
This is really helpful, thank you! I never thought about creating a timeline - that's a great idea to show the clear distinction between my regular employment and the freelance work. Did you have to wait long for your hearing after filing the appeal? I'm worried about how long this whole process might take while I'm still unemployed.
I'm dealing with something very similar right now! I was a full-time teacher for 2 years and also tutored students on weekends (1099 income). Got laid off in February and EDD immediately flagged me as "self-employed" even though tutoring was maybe 15% of my total income. What's really helped me so far is being super organized with my documentation. I created a simple spreadsheet showing month-by-month income from my teaching job vs tutoring, and it makes the income disparity really obvious. Also, if you still have access to your work email or any HR communications about your layoff, save those - they help prove you were a legitimate employee who got terminated. The frustrating part is that this seems to be happening to a lot of people with any side income at all. It's like their system automatically assumes any 1099 makes you self-employed. Definitely file that appeal ASAP and don't let them discourage you - your income numbers clearly show you were primarily an employee!
@profile4 yes they did backpay me after the interview but I had to wait like 5 weeks which was super stressful!!! make sure u answer ur phone even if its unknown numbers because they only call once for the interview and if u miss it u have to reschedule and wait again!!
I just went through this exact same situation in October and can confirm January 6th is perfect timing! I filed my new claim 5 days before my benefit year ended and had zero gap in payments. The key thing is to make sure you complete your final certification on your current claim BEFORE you submit the new application - don't do them at the same time or it can confuse their system. Also, keep all your wage documentation handy because they might ask for verification of your earnings during the new base period. The transition was way smoother than I expected after reading all the horror stories online. You've got this!
Thank you so much for sharing your recent experience! It's really reassuring to hear from someone who just went through this exact timing. Quick question - when you say to complete the final certification BEFORE submitting the new application, do you mean I should wait until after I certify for the week ending January 11th to file the new claim? Or can I file the new claim on January 6th and just make sure to certify for my final week when it becomes available? I want to make sure I get the timing exactly right!
I'm going through a similar situation right now - my company just announced they're closing our division in April and I've been researching all this too. One thing I wanted to add that I learned from talking to someone at the local American Job Center is that California has a "shared work" program that some companies use instead of layoffs, but since your whole office is closing that obviously doesn't apply here. What I found really helpful was calling the EDD customer service line during off-peak hours (early morning or late afternoon) to ask specific questions about my situation before filing. I know everyone says it's impossible to get through, but I actually got connected after about 45 minutes on a Tuesday at 7:30 AM. The representative was able to walk me through exactly how my severance would be treated and gave me the specific income codes I'd need to use when certifying. Also, make sure you keep your final pay stub that shows your last day worked - they specifically ask for this date during the application process and it has to match exactly. Good luck with everything, and don't let the process intimidate you. It's actually more straightforward than it seems once you get started!
That's a really smart approach calling during off-peak hours! I'm definitely going to try that early morning strategy once I have all my documents together. It's encouraging to hear that you actually got through - gives me hope that I won't be stuck in phone tree hell if I have specific questions about my situation. Thanks for the tip about keeping the final pay stub with the exact last day worked too. I wouldn't have thought about that level of detail mattering, but it makes sense that they need everything to match up perfectly in their system.
I went through a similar company closure situation about 18 months ago and wanted to share a few things that really helped me navigate the process. First, definitely file your claim immediately after your last day - don't wait! The severance won't disqualify you, but you'll need to report it when you certify every two weeks. One thing that caught me off guard was that EDD sometimes requires additional documentation for company closures, especially if it's a larger business. They may ask for a copy of your WARN notice (if your company was required to provide one) or other layoff documentation. Having all your paperwork organized from day one will save you headaches later. Also, since you mentioned stress about income gaps - consider that even if your severance reduces your weekly benefits to $0 for those 8 weeks, you're still building time in the system. Once your severance ends, you'll immediately start receiving your full weekly benefit amount without having to wait for processing delays. The part-time work question is tricky - you can work and still collect partial benefits, but make sure you understand the earnings limits and reporting requirements. Every dollar counts during a transition like this, so it's worth exploring if you find the right opportunity. Hang in there - company closures are tough, but at least you have some advance notice and severance to help with the transition!
This is really comprehensive advice, thank you! I hadn't heard about the potential for additional documentation requirements with company closures. Do you remember what specific documents EDD requested from you beyond the standard application materials? I want to make sure I'm prepared with everything they might need. Also, it's reassuring to hear that once the severance period ends, the benefits kick in immediately without additional processing delays - that was one of my biggest concerns about the timing.
In my case, EDD requested a copy of our official layoff letter that showed the company closure date and reason for separation, plus they wanted documentation showing how my severance was structured (lump sum vs. periodic payments). Since our company provided a WARN notice, they also asked for that. The good news is most HR departments are familiar with these requests and can provide everything you need. I'd suggest asking your HR for copies of all layoff-related documents when you talk to them tomorrow - having extras never hurts! And yes, once severance ended, my benefits resumed the very next certification period with no additional waiting. The system remembers you're already approved and eligible.
To summarize the correct information for anyone else who finds this thread: 1) Report jury duty pay during the week you perform the service 2) Only the daily stipend ($15/day typically) counts as income - NOT mileage reimbursement 3) The amount will reduce your weekly benefit by whatever you earn over $25 4) Report it even if you're just there for selection and don't get picked 5) Keep documentation of your jury service dates in case EDD asks for verification later
One thing I wanted to add that hasn't been mentioned yet - if you end up serving on a longer trial (like a week or more), some courts pay a higher daily rate after the first few days. For example, in some CA counties it goes up to $40/day after day 10. Just make sure to report whatever amount you actually receive each day. Also, if your jury service gets you dismissed early in the day, you're still entitled to the full daily payment, so report the full amount even if you only served a few hours that day.
That's really good to know about the higher rates for longer trials! I'm hoping my jury duty will just be a day or two, but it's helpful to understand how the payment structure works for extended service. Do you know if there's anywhere online where I can look up the specific payment rates for my county? I'm in Orange County and want to make sure I report the correct amounts.
Diego Rojas
I'm a new member here but I've been lurking and reading about all these EDD horror stories. Your situation sounds incredibly frustrating and honestly illegal - how can they tell you one thing (that you're done after penalty weeks) and then do something completely different? I wanted to add that if you're dealing with apprenticeship/training pay reporting issues, you might want to contact your training program coordinator too. Sometimes they can provide documentation or clarification letters that help with EDD appeals. Many apprenticeship programs have dealt with this exact reporting confusion before and know how to word things in a way EDD understands. Also, I've heard from friends that when you call EDD, it sometimes helps to say you're calling about "overpayment recovery options" rather than just general questions - apparently it routes you to specialists faster. Not sure if that's true but might be worth trying. This whole system is designed to exhaust people into giving up, but you've gotten so much good advice in this thread. Don't let them steal benefits you've earned and are entitled to receive. Keep fighting!
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CosmicCommander
•Welcome to the community! You're absolutely right that this feels illegal - the lack of clear communication from EDD is beyond frustrating. That's a great point about contacting the apprenticeship program coordinator. I'm definitely going to reach out to them tomorrow to see if they can provide some kind of documentation about the pay timing issue. It would be amazing if they've dealt with this before and know exactly what EDD needs to see. And thank you for the tip about saying "overpayment recovery options" when calling - I'll try that approach. At this point I'm willing to try anything that might get me to the right person faster. It's so maddening that we have to learn all these little "hacks" just to navigate a system that should be straightforward and helpful. I really appreciate you taking the time to offer advice even as a new member. This community has been such a lifeline during what feels like the most stressful situation I've ever dealt with. You're right that I won't give up - after everything I've been through, I'm not letting them win now!
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StarSeeker
I just wanted to jump in and say that reading through this entire thread has been both heartbreaking and inspiring. @Paolo, your situation perfectly illustrates how broken and cruel the EDD system has become - serving penalty weeks should mean you've paid your debt to society, not that you still owe thousands of dollars on top of that punishment. What really strikes me is how much collective knowledge this community has developed just to survive EDD's bureaucratic maze. The fact that we need to know about Tier 2 specialists, confirmation numbers, specific forms like DE 1446H, emergency hardship reviews, and even phone call timing strategies just shows how deliberately obtuse this system is. To everyone sharing advice here - thank you for turning your painful experiences into help for others. And Paolo, please keep us updated on how the emergency hardship review goes and whether you're able to get through to someone who can actually help. You've already shown incredible resilience getting through 10 weeks without benefits. Don't let them wear you down now when you're so close to getting some relief. The apprenticeship angle sounds particularly promising since there are often special provisions for training-related income reporting. Definitely pursue that documentation from your program coordinator. Sometimes one properly worded letter from an official source can cut through months of EDD confusion.
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