California Unemployment

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One more piece of advice from my experience: during the hearing, make sure to address only what the employer brings up in their testimony. Don't volunteer additional information or try to refute claims they haven't made yet. Let the judge guide the conversation. Also, regarding your slander question - while what they're doing is frustrating and potentially dishonest, proving slander in a legal sense would be difficult. Focus on winning the EDD appeal first. If your husband wins his appeal, the EDD will essentially have ruled that the employer's claims weren't credible, which is what matters for getting his benefits.

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Thank you, that's excellent advice. We'll focus on the appeal first and let the judge guide the process. I appreciate everyone's help here - feeling much more prepared now!

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I went through a very similar situation with my former employer making unsubstantiated claims during my EDD appeal. Here's what I learned that might help you: The Administrative Law Judge will absolutely require the employer to provide concrete evidence for their allegations. Verbal warnings without documentation, claims of police involvement without records, and other unsubstantiated accusations won't hold up under scrutiny. A few key points for your hearing: - Bring multiple copies of all your documentation (the reference letters from the former supervisor and coworker statements are excellent evidence) - If you verified there were no police calls from that business address, bring written confirmation of that fact - The judge may ask the employer specific questions like "When did these verbal warnings occur?" and "Who witnessed them?" - if they can't provide specifics, it weakens their case significantly In my case, the employer made several claims but could only provide vague responses when pressed for details and documentation. The judge ruled in my favor because the burden of proof was on them to demonstrate misconduct, and they failed to do so. Your husband's case sounds strong given the supporting documentation you have. Stay organized, remain factual during the hearing, and let the employer's lack of evidence speak for itself. Good luck with your February 10th hearing!

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Can I claim EDD benefits after boss cut my hours from 5 days to 1 day? Worried about retaliation

I'm in a really tough situation with my current job and not sure what to do. I've been working at this restaurant for about 8 months, and we recently got a new manager who might be the new owner (not entirely clear on the ownership situation). Since he took over, my schedule has been SLASHED. I went from working 4-5 days per week down to just ONE day per week! I was supposed to have 3 shifts next week, but just checked and now I'm only scheduled for a single 6-hour shift.\n\nI've directly told him multiple times that I need at least 4 shifts weekly to pay my rent and bills, but he just shrugs it off. To make matters worse, last week he accused me of messing up a large catering order that another server handled. When I explained it wasn't me, he got super defensive and threatened to "permanently remove me from the schedule."\n\nThis place is getting toxic fast - he's also not allowing legally required breaks and makes everyone stand the entire shift (even during slow periods).\n\nI'm thinking about filing for partial unemployment since my hours were cut so drastically, but I'm worried he'll contest my claim out of spite. Is this considered a constructive dismissal situation? Can I qualify for partial benefits when my hours were cut by 80%? And what happens if he makes up some false reason to deny my claim? I'm pretty sure this schedule reduction is retaliation for standing up for myself about that catering order.

Thank you everyone for the advice! I'm going to apply for partial unemployment tonight. I've already started documenting everything - taking screenshots of my old schedules versus new ones, and I've been keeping notes of all the inappropriate comments and break denials. I'll make sure to be very clear that this reduction was NOT my choice and that I've repeatedly requested more hours.\n\nI'm definitely going to look into filing a wage claim about the breaks too. To be honest, I was so focused on the hours issue that I didn't even realize how illegal the break situation is.\n\nFingers crossed the EDD approves my claim quickly. I'll update once I hear anything!

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Good luck with your application! You're absolutely doing the right thing by documenting everything and applying for partial unemployment. Your situation definitely qualifies - an 80% reduction in hours is huge. Just a heads up from my experience: when you certify for benefits each week, you'll need to report your exact earnings from that one shift. EDD will calculate your partial benefit amount based on what you earn versus what you used to make. Also, keep applying for other jobs and document your job search activities since that's required to maintain eligibility. Your boss sounds awful and what he's doing is likely illegal on multiple fronts. Stay strong and don't let him intimidate you out of claiming the benefits you're entitled to!

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Three days is still within normal processing time. ID.me sends the verification to EDD, but EDD still needs to process it on their end. If nothing changes after 7-10 business days, that's when you should follow up. In the meantime, make sure you continue to certify for benefits every two weeks even if your claim is still pending. Once your claim is approved, you'll receive all eligible back payments for the weeks you've certified.

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That's a relief! I'll keep certifying and give them the full 10 business days before I start worrying again. Thanks for all the help everyone!

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I'm in almost the exact same situation! Filed 3 weeks ago, missed the ID.me verification initially, and had my phone interview on March 15th. The rep didn't mention the missing verification either during our call. I completed the ID.me verification yesterday after reading through all these comments and got the confirmation email. My claim is still pending too. It's such a relief to know I'm not the only one who missed this step initially. Hopefully we'll both see our claims move forward soon! Thanks to everyone who shared their experiences and advice here.

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Hey OP, what state are you in? The process can vary a lot depending on location.

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I'm in California. Dealing with the EDD has been a nightmare so far.

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Oof, California EDD is notoriously bad. Buckle up, you're in for a wild ride. 🎢

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I went through the exact same thing with CA EDD last year. My denial was also for "insufficient earnings" even though I had worked consistently. Here's what worked for me: 1) Request your wage records from EDD to see what they have on file - sometimes employers don't report correctly, 2) Get copies of all your pay stubs and tax documents, 3) File the appeal online through your EDD portal within 30 days, and 4) In your appeal letter, be very specific about your work history and attach all proof. The hearing was done over the phone and took about 45 minutes. The judge was actually pretty fair and I won my case. Don't let them intimidate you - you have rights! Also check out the CA unemployment advocates group on Facebook for more support.

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One more thing I forgot to mention - the hearing process itself is actually pretty straightforward once you finally get a date. The Administrative Law Judge (ALJ) will review your case first, then ask questions about your specific situation. They're generally fair and will listen to your explanation about the miscalculated earnings. Make sure you can clearly explain: 1. Why you believe the calculation is wrong 2. What evidence you have to prove your actual earnings 3. How you reported your income during certifications The hearings typically last 30-45 minutes. You'll receive the judge's decision by mail within 2-3 weeks after the hearing. Hang in there - the waiting is definitely the hardest part of the whole process.

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This is really helpful to know what to expect. I've been stressing about the hearing itself. Sounds less intimidating than I imagined. I can definitely explain the calculation error - they counted the same earnings twice for two different weeks. I have pay stubs showing exactly when I was paid and for which work periods.

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I'm going through something similar right now - been waiting since January for my appeal hearing date on a $4,200 overpayment. The stress is real! Reading through all these responses is actually making me feel better knowing I'm not alone in this nightmare. One thing that helped me cope with the waiting is setting up a separate savings account specifically for this potential debt. Even if I can only put $50-100 a month in there, it makes me feel like I'm doing something proactive instead of just panicking. If I win the appeal, great - I have extra savings. If I lose, at least I have something to work with. Also, document EVERYTHING during this process - every phone call, every letter, every attempt to contact them. If this drags on much longer, you might need that paper trail. The whole system is designed to be overwhelming, but you've got this! Your evidence sounds solid with the pay stubs showing the double-counting error.

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