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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!
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!
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!
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.
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!
Natasha Romanova
When you do get your appeal date, be prepared and organized. Bring a timeline of events, any documentation supporting your case (emails about the layoff, etc.), and your job search records. In my hearing, the judge asked very detailed questions about my separation from employment. Your former employer will likely participate, so be ready to counter their claims professionally. And yes, winning means you'll get backpay for all those certified weeks - usually within 7-10 days after the favorable decision. It will come all at once, which was actually a nice lump sum for me after months of financial stress.
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QuantumQuasar
•Thank you so much for this detailed advice. I've been gathering emails and messages from when the layoff happened. Fortunately, I know at least 3 other people who were laid off in the same restructuring, so hopefully that helps my case too.
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Yuki Yamamoto
Having those coworkers who were also laid off in the same restructuring is HUGE for your case! If possible, try to get written statements from them confirming the circumstances of the layoff - even just a simple email or text screenshot saying "yeah, we were all laid off together during the company restructuring on [date]" can be powerful evidence. The more witnesses you have to contradict your employer's "quit" story, the stronger your position. Also, if your company sent out any official communications about the restructuring (even internal memos or announcements), those would be gold for your hearing. Don't stress too much about the waiting - appeals are taking forever right now, but you're doing everything right by continuing to certify and job search!
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