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I went through almost the exact same situation about a year ago! My employer claimed I was terminated for performance issues when I was actually part of a department closure. The appeal process took about 10 weeks, and I did find a job about 3 weeks before my hearing date. Here's what I learned: 1) Keep certifying religiously until you get that new job - missing even one certification can mess up your backpay, 2) When you do find work, report it honestly on your next certification, 3) If you win your appeal (which sounds likely given you have coworkers who can back up the restructuring story), you'll get paid for ALL those weeks you certified while unemployed, even though you're working by then. The backpay came about 5 days after I won my hearing. Also, definitely get those written statements from your coworkers - I had two former colleagues write simple one-paragraph statements confirming we were all laid off together, and the judge referenced them multiple times during the hearing. You're doing everything right, just hang in there!
Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through almost the identical situation. I'm definitely going to reach out to my former coworkers this week to get those written statements - sounds like they were crucial for your case. Quick question: when you reported your new job on the certification, did that automatically stop your benefits, or did you have to do anything else to officially close out your claim while the appeal was still pending? I want to make sure I handle that part correctly when the time comes.
I'm new to this community but going through something similar right now! My employer also contested my claim saying I was fired for cause when I was actually laid off due to budget cuts. Filed my appeal 4 weeks ago and still waiting. Reading all these responses gives me so much hope - especially hearing that multiple people got their backpay even after finding new jobs. I've been stressing about whether to keep job searching aggressively or wait for the appeal, but it sounds like I should definitely keep applying while maintaining those detailed job search records. Thanks everyone for sharing your experiences, this is exactly the kind of real-world advice I needed to hear!
Thank you all so much for the helpful advice! I'm feeling much more prepared now. I've gathered all my company docs, DE 9 and DE 9C forms, and emails about my client's bankruptcy. I'll make sure to be very clear that I'm not actively seeking clients through my loan-out right now and that I'm looking for W2 employment. I'll also have my salary determination documentation ready just in case. I'm going to try using that Claimyr service to talk to someone at EDD before my interview so I can get any specific questions answered. Will update after my interview next week!
I went through a similar situation with my loan-out LLC about 6 months ago. One thing I wish someone had told me beforehand is that they'll likely ask about your business bank account activity. Make sure you can explain any recent deposits or transactions, even if they're unrelated to work (like transferring personal funds or closing costs). They want to see that there's genuinely no business income coming in. Also, if you have any business licenses or permits, be ready to explain their status - mine were still active even though I wasn't working, and I had to clarify that keeping them current doesn't mean I'm actively doing business. The interviewer was actually pretty understanding once I explained everything clearly. You've got great advice from everyone here - you'll do fine!
That's such a good point about the bank account activity! I hadn't even thought about that but it makes total sense they'd want to verify no income is coming in. I do have some random transfers and deposits from closing out some business credit cards and moving funds around after my client went under. I'll make sure to have explanations ready for all of that. Really appreciate you mentioning the business licenses too - mine are still active and I was wondering if I should let them lapse, but sounds like I just need to be clear that having them doesn't mean I'm actively seeking work through the loan-out right now.
UPDATE: I went through my files from when this happened to me. During my EDD phone interview, they specifically asked: 1. When was the last date you were paid? 2. What reason did the employer give for not paying? 3. Did you make a formal request for your wages in writing? 4. Are you still reporting to work? The interviewer told me that continuing to work without pay actually HURTS your unemployment claim because it suggests you're accepting the situation. She recommended formally requesting payment in writing with a deadline, then stopping work if not paid, THEN filing for unemployment. Just wanted to give you a heads up on what to expect!
This is SUPER helpful, thank you! I sent the email about my missing pay today, and I think I'll follow up with a formal letter tomorrow giving them until Monday to pay me. If they don't, I won't go in next week and will file for unemployment immediately. I can't believe I need to actually stop going in - that feels so weird when no one has officially fired me.
I'm going through something similar right now! My restaurant reduced my hours to basically nothing after the holidays and then just stopped scheduling me entirely three weeks ago, but they never officially "fired" me. I filed for unemployment and got approved because EDD considers it a "reduction in hours and wages" due to lack of work. The key thing is how you answer the questions when filing. Don't say you quit - say your hours/wages were reduced through no fault of your own. When they ask if you're still employed, you can say yes but explain that you're receiving zero hours/pay. I had to do the phone interview too and the rep was actually really understanding about the situation. She said this happens all the time where companies try to avoid officially laying people off. Just make sure you have documentation of the missed payroll and any attempts to get answers from your employer. Also, start your job search immediately because you'll need to show you're actively looking for work to keep getting benefits. The good news is there are actually quite a few admin positions posted right now in CA - at least in my area. Don't let this company string you along any longer than necessary!
Does anyone know if gig work counts as self-employment for DUA? I do Uber and Doordash on the side and idk if I should include that income 🤔
Congrats on the DUA approval! 🎉 Just to add to what others have said - when you submit your self-employment docs, make sure they clearly show your name and the income period. I had to resubmit mine because my bank statements didn't have clear dates. Also, if you're doing gig work like Uber/DoorDash, those definitely count as self-employment income. Keep copies of everything you submit - EDD has a habit of "losing" documents sometimes. Good luck with the process!
This is super helpful advice! I just got approved for DUA too and was wondering about the document requirements. Quick question - when you say "clearly show your name and the income period," do you mean like monthly bank statements or can I submit quarterly summaries? Also, did you have any issues with the online portal timing out during uploads? I keep hearing horror stories about that 😬
Tate Jensen
I had this exact same issue last month! Turns out my claim had expired and I needed to file a new one entirely. The system doesn't always make it clear when your benefit year has ended. Check your account summary page - if your benefit year end date has passed, that's why you can't reopen or certify. You'll need to start a completely new application instead. It's frustrating but once I figured that out, everything worked smoothly. Hope this helps!
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Noland Curtis
•This is super helpful! I didn't even think to check the benefit year end date. The EDD interface is so confusing - they really should make it more obvious when your year has expired. Thanks for sharing your experience, it gives me hope that there's actually a solution here!
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Vanessa Figueroa
I went through this exact same frustration a few months ago! Here's what worked for me: first, double-check if your benefit year actually expired by looking at the dates in your account summary. If it has expired, you can't reopen - you have to file a brand new claim instead. If your benefit year is still active, try logging out completely, clearing your browser cache, and then logging back in. Sometimes the system just glitches and needs a fresh start. Also, I noticed that certain browsers work better than others - Chrome seemed to work more reliably for me than Safari. If none of that works, the messaging system through UI Online actually got me faster responses than calling. Hope this helps and you get it sorted out soon! 🤞
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