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I think you should just file anyway and see what happens. The worst they can say is no, right? My cousin's boyfriend got approved even though he had some gaps in his work history. Everyone's situation is different.
Thanks everyone for the responses. I think I'll try to get through to EDD directly to ask about my specific situation, and also look into the general assistance programs that were suggested. Seems like regular unemployment probably won't work out, but at least I have some other options to explore now.
Just wanted to say I'm going thru something similar right now with EDD after working for a fitness company as a "contractor" but they controlled EVERYTHING. The key is to be super detailed in your application about how they treated you like an employee. And dont get discouraged if u get denied at first - appeal appeal appeal!!!!!
To add some important information: when you file your UI claim, you'll need to list your former company as an employer even though they paid you as a contractor. During the subsequent EDD interview, be prepared to explain specifically how they controlled your work (schedule, methods, tools provided, training requirements, etc.). Under California law, the company must prove ALL THREE parts of the ABC test to classify you as a contractor: A) You were free from their control and direction B) Your work was outside their usual business C) You were customarily engaged in an independently established trade or business If they fail ANY of these tests, you should be classified as an employee. Based on what you've shared, it sounds like they fail at least part A, possibly others. Expect the company to contest this, as they'll be liable for unemployment taxes if EDD rules in your favor. Document everything and be consistent in your statements.
Thank you so much for breaking it down like this! I just submitted my claim and made sure to include all the details about how they controlled my schedule, required me to attend their trainings, and prohibited me from working with competitors. Now I guess I just wait for the interview?
Yes, now you wait for the phone interview. Make sure your phone is accepting calls from unknown numbers during this period. The EDD representative will ask you detailed questions about your work arrangement. Answer truthfully but be clear about the control elements. If they determine you were misclassified, you'll begin receiving benefits (though your former company may appeal). If initially denied, you have the right to appeal within 30 days.
ive heard about this before but thought it was just rumors. do u have to provide them with personal info? like how do they kno your not just making up a problem
Yes, they need your personal info to help - name, address, claim number, last 4 of SSN, and details about your specific issue. They can't just call EDD without identifying whose claim they're asking about. But they're official government staff who handle sensitive info all the time. They also had me sign a privacy release form before they could contact EDD on my behalf.
This is excellent advice! I'm a former EDD employee, and I can confirm that congressional inquiries receive priority handling through special units at EDD. When a representative's office contacts EDD, it typically gets routed to the Legislative Liaison Unit rather than regular claims processing. Just remember that they can't change EDD's determination on eligibility - they can only help push through claims that are stuck in processing limbo or escalate issues that aren't getting proper attention through normal channels. Make sure to prepare all your documentation before contacting them: claim number, dates of contact with EDD, any relevant paperwork, and a clear explanation of the issue.
One more thing - when you do get approved and have to certify for all those back weeks, make sure you report any income accurately if you had any sick pay or PTO payout after your layoff. EDD will cross-check with your employer and it can cause major headaches if the numbers don't match up.
If they deny your backdate request (which happens ALOT) immediately appeal it!! You only have 30 days to appeal a denial. And make sure to keep certifying for current weeks while waiting for backdating decision. They won't tell you this but you can lose current benefits if you miss certifications while dealing with backdating issues.
TommyKapitz
anyone else notice that EDD always seems to find these "overpayments" whenever the state budget is tight?? just saying...
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Summer Green
•While the timing can seem suspicious, these audit processes typically run on regular schedules regardless of budget conditions. The current wave of overpayment notices is primarily due to completed cross-matching of employer wage reports with benefit payments, which takes time to process.
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Louisa Ramirez
UPDATE: We were able to log into the UI Online account and found several messages from the past 3 months that we never knew about (they didn't email notifications). Looks like they did try to contact us but we had no idea we needed to check this account years after benefits ended. Going to request an appeal tomorrow and gather all our documentation. Thanks everyone for your help!
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Angel Campbell
•Glad you found those messages! Make sure to mention in your appeal that you never received proper notification. While they can claim the UI Online messages were sufficient, a good argument can be made that a reasonable person wouldn't check an account for a service they no longer use. Keep us posted on how it goes!
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