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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!
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One more important tip for your interview: frame your decision to quit in terms of having "no reasonable alternative." EDD looks for whether you exhausted all options before quitting. Mention if you tried to: 1. Request formal accommodations for your diabetes 2. Report the break violations to HR or upper management 3. Request transfer to another department/location 4. Report drug use concerns to someone above your supervisor If your company was small with no HR department, explain that too. The key is showing you didn't quit at the first sign of trouble but tried your best to make the situation work while protecting your health and sobriety.
This is super helpful, thank you! It was a small company (only 11 employees) with no HR department, so my supervisor was essentially the final authority. I did email the owner once about the break issue but never received a response. I'll make sure to mention that as well.
You definitely have a strong case here! The combination of medical discrimination (refusing diabetes accommodations), illegal workplace drug activity, and timecard manipulation gives you multiple grounds for good cause. A few practical tips for your interview: 1. Lead with your medical condition - emphasize that Type 2 diabetes requires regular meal timing to prevent dangerous blood sugar fluctuations 2. Explain your 4-year sobriety and how the workplace drug use created a genuine threat to your recovery 3. Present your documentation chronologically - show the pattern of you trying to resolve issues before quitting I had a similar situation with my anxiety disorder where my employer wouldn't provide reasonable accommodations. The key was demonstrating I made good faith efforts to work with them first. Since you emailed the owner and have texts with your supervisor, plus medical documentation, you're in a much better position than many claimants. The timecard falsification is particularly damning - that shows willful labor law violations by your employer. Don't downplay that aspect during your interview. Good luck on Tuesday!
This is exactly the kind of comprehensive advice I was hoping to get! I really appreciate you laying out the strategy like that. I've been so anxious about this interview, but reading everyone's responses here is making me feel more confident. The chronological approach makes total sense - I'll organize all my documentation that way. And you're absolutely right about not downplaying the timecard issue. I was almost embarrassed to bring it up, but now I realize it's actually one of my strongest points. Thank you so much for taking the time to help a stressed out newcomer!
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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 🤔
Pretty sure it does. You get 1099s for those jobs, right? That's considered self-employment income.
Ah, gotcha. Thanks! Guess I better dig up those 1099s then 😅
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 😬
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This is SO frustrating! I've been dealing with EDD for months and the dropped calls are just part of their broken system unfortunately. Here's what's worked for me: 1. Call exactly at 8:00 AM when they open - set multiple alarms 2. Use the "comma trick" when dialing: dial the main number, then add commas and the extension to auto-navigate the menu 3. If you get through to someone, immediately ask for a callback number in case you get disconnected again Also, document EVERYTHING - dates, times, reference numbers, what was discussed. I started doing this after my third dropped call and it saved me when I finally got a competent rep. Don't give up! The system is designed to wear you down, but your benefits are worth fighting for. You got this! 💪
Saanvi Krishnaswami
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!
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Jake Sinclair
•Sounds like you're well-prepared now. One last tip: take detailed notes during the interview. If there are any issues later, having documentation of what was discussed can be invaluable. Good luck with your claim!
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Kai Santiago
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!
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Norman Fraser
•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.
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