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Since you're dealing with a misconduct disqualification, make sure your appeal letter specifically addresses these key points: 1. The emergency nature of the situation 2. Any policies or precedents that support your decision 3. Your history of following proper procedures in non-emergency situations 4. Any communication with supervisors about the incident 5. How your actions were in the company's best interest despite not following protocol The legal standard for misconduct requires that your actions showed a "substantial disregard of your employer's interests" - emergency situations often create exceptions to normal rules. You should also request a copy of your claim file using an EDD Request for Records form (DE 8330). This will let you see exactly what your employer told EDD.
One more tip that really helped me: after you mail your appeal, call the CUIAB office directly (not regular EDD) to confirm they received it. Their number is 916-263-6777. They're usually much easier to reach than regular EDD. Ask for your appeal case number and write it down somewhere safe. You'll need it for all future communications. And when you eventually get your hearing notice, call and request all documents your employer has submitted for the hearing - you have a legal right to see them before the hearing date.
Quick question related to this - I'm in the opposite situation where I had high-paying work when I first filed but then had to take a lower-paying job before getting laid off again. Am I stuck with the high calculation even though I can't find anything paying that much now?
Thanks everyone for the responses. Looks like I'm stuck with my current WBA until my benefit year ends in November 2025. I'm still going to try calling EDD using that Claimyr service just to see if there are any exceptions or if I'm missing something. Really wish there was a way to file a new claim based on my recent higher earnings, but it sounds like that's not how the system works. I'll just have to budget accordingly with the lower benefit amount until I can find another good job.
UPDATE: I emailed my W2 to UI_ASSIST@edd.ca.gov yesterday with all my info in the subject line like suggested. Got an auto-reply saying they received it, and this morning my UI Online account status changed from "Pending Identity Verification" to "Processing Payment"! Thank you everyone for your help!
To answer your follow-up question - I would recommend being completely honest about your working arrangement when you apply, but focus on the facts rather than making legal claims about misclassification. Describe exactly how your work is structured: who sets your schedule, how assignments are determined, whether you can accept/reject specific placements, if you have multiple clients or just work through this one agency, etc. EDD will evaluate whether you're truly an independent contractor or an employee based on the ABC test under California law. If they determine you're actually an employee who's been misclassified, they'll handle that with the agency directly - you won't have to be the one making that claim.
One more thing I forgot to mention - make sure you certify for benefits every two weeks even if your initial application gets denied! If you win on appeal later, they can only pay you for weeks you properly certified for. I learned this the hard way and lost out on almost a month of potential benefits during my educational contractor case.
Andre Dupont
I don't have advice for speeding up EDD (good luck with that!) but for temp work - have you tried substitute teaching? With your master's degree you'd qualify in most districts. Pay is usually $150-200/day and you can pick and choose which days you work around your main job. The platform
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MoonlightSonata
That's a great suggestion! I actually did some substitute teaching years ago before moving into administration. I forgot about Swing Education - will definitely check that out. The flexibility would work well with my current schedule. Thank you!
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