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I'm dealing with a very similar situation right now! EDD hit me with penalty weeks from way back in 2020 that they're just now telling me about. What I learned is that you absolutely should appeal this - don't just accept the penalty weeks. The key things that helped me prepare: 1. Get bank statements from 2020 showing your actual deposits from work 2. Contact your old employer if possible to get records of your actual hours/wages 3. Document any address changes you had during 2020 (mail forwarding issues were HUGE during the pandemic) 4. Request all records from EDD about what they think you misreported The appeal form is DE 1000M and you can request a phone hearing. I found the Administrative Law Judge was actually pretty reasonable and understood that 2020 was chaotic for everyone. Don't give up - these penalty determinations often get overturned when you can show the reporting was accurate or that you never received proper notice. The whole process is stressful but definitely worth fighting, especially since 5 penalty weeks means 5 weeks without any income!
This is such helpful advice, thank you! I'm definitely going to appeal - you're absolutely right that I shouldn't just accept this. I'm going to start gathering all those documents you mentioned. Did you end up winning your appeal? I'm curious how long the whole process took from filing the appeal to getting a decision. The thought of going 5+ weeks without any income is really scary, but it sounds like fighting this is the right move.
I'm so sorry you're dealing with this - the stress of needing money for rent while EDD holds up your payments is awful. One thing that might help while you're going through the appeal process is to see if your local community has any emergency rental assistance programs. Many cities and counties still have funds available from pandemic relief programs that can help with rent while you're waiting for EDD to sort this out. Also, some food banks and community organizations offer utility assistance too. It won't solve the EDD problem, but it might help bridge the gap during these 5+ weeks you're looking at. The appeal is definitely the right move - don't let them get away with springing penalty weeks on you years after the fact without a fight!
They're only paying me through my new last day, not through my original resignation date. So basically I'm losing 2 weeks of expected pay. Based on everyone's feedback, it sounds like I should apply right away, focus on both aspects (harassment and early termination), and be prepared for a possible initial denial and appeal process. I'm going to gather all my documentation tonight. Thank you all for the guidance!
You're absolutely on the right track! Since they're not paying you through your original resignation date, that definitely strengthens your case for the termination aspect. When you file, make sure to emphasize that timeline - you gave proper notice with a specific end date, and they unilaterally changed that arrangement to your financial detriment. That's textbook employer-initiated separation for those two weeks. Combined with your harassment documentation, you have two solid arguments. One tip: when gathering your harassment evidence tonight, organize it chronologically and include any witnesses or HR correspondence. EDD likes clear timelines. Good luck with your application!
This is really helpful advice about organizing the evidence chronologically! I'm new to this community but have been lurking and reading posts about EDD situations. One thing I'd add from what I've seen others mention - when you do get to speak with an EDD rep (whether through the regular number or that Claimyr service someone mentioned), ask them specifically about "constructive discharge" and mention that term. It seems like using the right terminology can make a difference in how they categorize your claim initially. Also, keep copies of everything you submit - I've seen people here say that EDD sometimes "loses" documentation during the process.
I'm in a very similar situation as a new school employee! Started as a playground supervisor this year and facing the same summer income gap. What I've learned from researching this is that the "reasonable assurance" determination really comes down to the specific language in your contract and any uncertainty factors. Since you mentioned your contract says you're "expected" back rather than "guaranteed," that's actually promising language for your case. The fact that you're a newer employee (less than a year) might also work in your favor since you don't have the same established pattern of returning that longer-term employees have. I'd definitely recommend applying and being very clear about any budget uncertainties, enrollment concerns, or staffing adjustments your school has mentioned. Even if you get initially denied (which is common for school employees), the appeal process is where many people succeed. Keep documentation of everything - emails about potential changes, budget discussions, anything that shows your return isn't 100% certain. The financial stress is real - $2300 rent with zero income for months is impossible to manage. Don't let anyone discourage you from at least trying. You have nothing to lose by applying and potentially a lot to gain!
Thank you for sharing your experience as a playground supervisor - it's really reassuring to hear from someone in such a similar situation! You're right about the "expected" vs "guaranteed" language potentially being helpful. I hadn't thought about being a newer employee possibly working in my favor, but that makes sense since I don't have that established pattern of returning yet. I'm definitely going to apply regardless of what people say about automatic denials. The financial reality is that I literally cannot afford NOT to try - even if there's just a small chance of getting approved, it's worth the effort. Your point about having nothing to lose is exactly right. I've already started screenshotting emails from our principal about potential staffing adjustments and I'm going to document anything else that comes up between now and when school ends. Hopefully we both get some good news! This whole system seems designed to discourage school employees from even trying, but reading all these success stories gives me hope.
I'm a school bus driver and went through this exact situation last summer! The whole "reasonable assurance" thing is definitely confusing, but here's what helped me get approved: I emphasized that my route assignments weren't guaranteed due to potential changes in student enrollment and transportation needs. Even though my contract had similar "expected to return" language like yours, I was able to show that budget constraints might eliminate some routes. The key was documenting conversations with my supervisor about possible route reductions and saving emails about transportation budget reviews. One thing that really helped was contacting my union rep - they had dealt with this issue before and gave me specific advice on how to word my application. They said to focus on any operational changes that could affect your specific position, not just general budget concerns. The process took about a month for me, and I did get an initial denial but won on appeal. The hearing officer specifically said that having documentation showing uncertainty about my exact position (not just employment with the district in general) was what made the difference. Definitely apply ASAP when your last day arrives - don't wait! And if you get denied initially, don't give up. The appeal process is where a lot of school employees actually succeed. Good luck!
Anyone else feel like we need a complete overhaul of the unemployment system? This stuff shouldn't be so complicated 🤦♂️
I actually had this exact same situation happen to me a few months ago! Don't stress too much about it - EDD is used to handling these kinds of mistakes. When I called, they were able to reverse the incorrect certification and adjust my claim without any penalties. The key is to call as soon as possible and be completely honest about what happened. I'd recommend calling first thing in the morning (like 8 AM sharp) to have the best chance of getting through. Also, have your claim details ready and write down exactly what you want to say before you call. It took about 15 minutes once I actually got someone on the line, and they fixed it right away. You got this! 💪
Thank you so much for sharing your experience! This is exactly what I needed to hear. I was really freaking out about potential penalties or getting my claim suspended. Your advice about calling at 8 AM sharp is super helpful - I'll definitely try that tomorrow. Having everything written down beforehand is a great tip too. Really appreciate you taking the time to reassure me! 🙏
QuantumQuasar
I'm so glad you were able to get this resolved! This is exactly why I always recommend people get a detailed breakdown of what they owe before making any payments to EDD. The way they structure their notices can be really confusing - they'll show one total amount but not break down what portion is the original overpayment versus penalties and interest. For anyone else dealing with this, always ask specifically: "Does this amount include all penalties and interest that may apply?" when you're setting up payment. It can save you from exactly this kind of surprise later on.
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Aisha Abdullah
•This is such valuable advice! I wish I had known to ask that specific question when I was dealing with my overpayment situation. It would have saved me so much stress and confusion. The way EDD presents these notices really does make it seem like you're paying everything when you might only be covering part of what they think you owe. I'm definitely going to remember this for the future and share it with anyone else who runs into similar issues. Thanks for breaking this down so clearly!
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Luca Conti
This whole thread is so helpful! I'm dealing with a similar situation right now where I got a notice about additional amounts owed after I thought I had paid everything off. Reading through everyone's experiences, it's clear that EDD's system has some serious communication issues between departments. The advice about requesting a Statement of Account and asking specifically about penalties and interest is gold. It's frustrating that they don't make these breakdowns clearer upfront - it would save everyone so much time and stress. Thanks to everyone who shared their experiences and solutions!
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