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Good for you on documenting everything in your resignation letter! That was really smart. I just wanted to add that you should also document any conversations you had with your manager about the schedule change - dates, times, what was said, etc. Even if it was verbal, writing it down with specific details can help your case. One thing I haven't seen mentioned yet is that you might want to start looking for other weekend-only positions now while you're waiting for your EDD decision. Having evidence that you're actively seeking similar work (weekend retail, restaurant, etc.) will strengthen your "available for work" status if EDD questions it. Plus, the job market for weekend positions isn't terrible right now with so many businesses needing weekend coverage. Best of luck with your claim - your situation really does sound like textbook constructive discharge to me!
This is really helpful advice! I hadn't thought about documenting the verbal conversations, but you're right - I should write down everything I remember from when my manager first told me about the schedule change. I do remember the exact date because it was right after the new ownership announcement. I'm definitely going to start applying for other weekend positions right away. There are a few other retail stores and some restaurants in my area that might need weekend help. It'll show EDD that I'm genuinely looking for work that fits my availability, not just trying to collect benefits while focusing only on school. Thanks for the encouragement about it being constructive discharge - it really helps to hear from people who understand the situation!
I'm so glad you documented everything in your resignation letter - that was absolutely the right move! Your situation is exactly what constructive discharge laws are designed to protect against. The fact that you worked the same schedule for 3 years and they knew about your school commitments makes this even stronger. A few additional tips as you navigate this process: 1. When you file your initial claim, be very detailed in the "reason for separation" section. Don't just put "quit" - explain the full circumstances. 2. If you get initially denied (which unfortunately happens often with resignation cases), don't panic! The appeal process is where you can really present your case properly. 3. Keep copies of EVERYTHING - your resignation letter, any emails about the schedule change, even text messages with coworkers discussing the new policies. 4. Document your job search efforts specifically for weekend/part-time positions that would work with your school schedule. You've got a solid case here, and the fact that multiple people in this thread with similar experiences got approved after appeals should give you hope. The EDD system isn't perfect, but it does ultimately recognize legitimate constructive discharge situations like yours. Good luck!
one other thing - when u do apply make sure u say ur job ended due to "lack of work" if thats wat happened. don't say u were fired or laid off or anything else. the wording matters ALOT for getting approved quick
Just went through this exact situation a few months ago! You're making the right call waiting until February. One thing I wish someone had told me - when you do apply, make sure you have your separation letter and any other employment documents easily accessible because EDD might ask for them during the application process or later. Also, if your company uses a third-party service to verify employment (like The Work Number), it can sometimes take a few days for them to update your employment end date, so don't panic if there's a small delay in processing. The paid notice leave thing is more common than you'd think, especially in corporate layoffs, so EDD agents are familiar with it.
This is really helpful, thanks! I hadn't thought about the third-party employment verification services potentially causing delays. Do you remember how long the whole process took from when you applied to when you started receiving benefits? I'm trying to plan my finances for the gap between my last paycheck in February and when unemployment kicks in.
I'm in a similar situation - just got approved for benefits last week and desperately need that card to arrive! Reading through all these responses, it sounds like I should expect anywhere from 7-14 days after my payment shows "paid" status. The lack of tracking is really frustrating when you're counting on this money for basic expenses like rent and groceries. I'm definitely going to set up direct deposit to my bank account immediately once I get the card so future payments are faster. Thanks everyone for sharing your experiences - this thread has been more helpful than anything I could find on the official EDD website!
when i went through this, the judge asked me to explain in detail how i calculated my weekly earnings for certifications. make sure u review how u did this and can explain ur method. they also asked if i got paid under the table or had cash tips i didnt report. be honest about EVERYTHING.
This is such a stressful situation but you're not alone! I went through something similar last year where EDD claimed I had unreported wages that were way higher than what I actually earned. A few things that really helped me: 1. Document EVERYTHING - not just paystubs but also your work schedules, timesheets if you have them, and any communication with your employer 2. The fact that you found another employee with a similar name is HUGE - that's probably exactly what happened 3. Don't wait for the appeal if you can help it - keep trying to reach EDD directly as others mentioned One thing I learned is that when employers use automated payroll systems, name mix-ups happen more often than you'd think, especially in large companies. Your HR department should be able to provide a letter confirming the error and your actual wages. Stay strong and don't give up! The appeals process worked for me even though it took forever. You clearly have your documentation in order and a legitimate explanation for the discrepancy.
Connor Byrne
I went through almost the exact same thing last year when I got terminated for attendance issues. My situation was actually worse - I had three tardies in two weeks due to childcare problems. The employer tried to claim misconduct, but EDD still approved my benefits after about 3 weeks. The most important thing is to be completely honest on the application. Don't try to downplay what happened or make excuses - just state the facts clearly. When they ask why you were terminated, something like "terminated for attendance - was late twice due to car breakdown" is perfect. If your husband does get an eligibility interview, he should have that mechanic receipt ready and maybe even a brief timeline of what happened each day. The EDD rep will ask specific questions about whether he notified his supervisor, if there were other transportation options, etc. As long as he can show he wasn't just being careless or irresponsible, he should be fine. One tip: make sure he continues to actively look for work and document his job search activities. Even if the claim gets approved, they can always audit his work search later. Keep records of applications, interviews, etc.
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Miguel Harvey
•This is exactly what I needed to hear! It's so helpful to know that someone with an even more challenging situation (three tardies vs two) still got approved. I really appreciate the specific advice about what to say on the application - "terminated for attendance - was late twice due to car breakdown" is perfect and straightforward. My husband is definitely the type to overthink these things, so having that clear wording will help him stay focused. And good point about the work search documentation - we hadn't even thought about that part yet but I'll make sure he starts keeping track of his applications right away. Thank you for sharing your experience!
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Andre Rousseau
I'm new to dealing with EDD but wanted to share what I learned when my sister went through something similar. The employer will likely get a form asking if they want to contest the claim, and many employers automatically check "yes" even when they don't have a strong case. Don't let that scare you if it happens. What really helped my sister was keeping a simple timeline of events - dates of the car trouble, when he was late, what he told his supervisor, etc. Even if the mechanic receipt doesn't have the exact dates, having a clear sequence of what happened shows it wasn't a pattern of irresponsible behavior. Also, if you're worried about money while waiting for the decision, look into local food banks or assistance programs. Some utility companies also have programs for people who are temporarily unemployed. It's better to get help early than wait until you're really behind on bills.
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