California Unemployment

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EDD eligibility with mixed cash/on-the-books work history - can I file?

I've been working under the table (cash) for the past 3 years at various construction jobs. Before that, I had a regular W-2 job at a warehouse where they reported my income using my social security number for about 2 years. I recently got injured and can't do construction work anymore. Can I still file for unemployment based on those older W-2 jobs, or am I completely out of luck because of my recent cash-only work? I've never filed for unemployment before and don't really understand how the system determines eligibility. Will EDD even consider those older jobs or is there some kind of time limit?

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.

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While there's no harm in applying, it's important to be honest on the application. Gaps in work history are different from unreported cash work. EDD may investigate discrepancies, and misrepresenting employment history can lead to penalties.

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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.

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Can EDD approve unemployment for independent contractor in beauty industry after sudden termination?

So frustrated right now - I've been working as an independent contractor for Luxe Hair Products for almost 2 years, and yesterday they just terminated my contract with barely any notice. I was doing sales demos, training salon staff, and managing regional accounts for them. They said it was a 'business restructuring' but I know they just hired someone younger last month who's probably working for less money. I've always paid my self-employment taxes and have 1099 forms from them. Can I even apply for unemployment as an independent contractor? I've heard different things from different people and the EDD website is confusing me. Do I qualify for regular UI benefits or is there something else I should apply for? My rent is due in 3 weeks and I'm starting to panic.

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!!!!!

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Thanks for the encouragement! I'm filling out my application now and being super detailed about how they controlled my work. Fingers crossed!

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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.

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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?

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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.

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Success story: EDD claim resolved in 2 days with help from local Congressional office

After 3 months of pure EDD hell with my disability claim stuck in 'pending' status, I'm actually in shock right now. I called my US Representative's office yesterday (Congressman Megan Dahl's Sacramento office) completely desperate, and they had a district coordinator who helped me. TWO DAYS LATER my entire claim is processed and payment is on the way?! I had called EDD literally 97 times (I kept count), spent hours on hold when I did get through, and nothing ever changed. The congressional office has some kind of special hotline or connection to EDD that bypasses the regular channels. Their number is (916) 206-4954 if anyone else is dealing with an impossible situation. Just sharing because I wish someone had told me this months ago before I nearly lost my apartment waiting for benefits.

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

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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.

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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.

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So they can't actually override a disqualification? I was hoping they might be able to help with my appeal that's been pending for 10 weeks with no hearing date.

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Can EDD backdate my claim to March after medical delay in filing?

I got laid off on March 18th and haven't filed for unemployment yet due to some serious health issues. Ended up in the ER twice (April and May) and was hospitalized the second time. Between recovering and trying to gather all my employment history for the past 18 months, I'm only now ready to submit my claim. My question is: if I file my EDD claim today, will they backdate my benefits to my actual layoff date in March, or will the 26-week benefit period start from today's date? I'm worried I've lost nearly 3 months of potential benefits due to my medical situation. Does anyone know EDD's policy on backdating in situations like mine? Thanks for any info!

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.

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Good point! I did receive my final paycheck which included some unused PTO in late March. I'll make sure to report that correctly when certifying for that period. I definitely don't want any overpayment issues down the road.

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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.

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This is correct - always continue certifying for current weeks even while dealing with backdating issues or appeals. Your current eligibility is separate from the backdating decision. And yes, the appeal deadline is strictly enforced, so mark your calendar for 30 days from any denial notice.

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Must my husband report 4-hour mandatory meeting pay while on EDD partial benefits?

My husband works in construction and is currently collecting partial unemployment since he's on call (not enough work due to the rainy season). His company just told him there's a mandatory safety meeting this Friday that all employees have to attend, even those currently on reduced hours. They're paying everyone 4 hours for attending. We're confused about reporting - does he need to report these 4 paid hours when he certifies for benefits next time? Will those 4 hours mess up his claim or reduce his weekly benefit amount? This is our first time dealing with partial unemployment and I don't want us to get in trouble for not reporting correctly. Thanks for any help!

why is edd so confusng with there rules????? i swear they try 2 make it hard on purpose so people mess up and they can deny benefits smh

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One other important detail - when he certifies, make sure he answers "Yes" to the question "Did you work or earn money, WHETHER YOU WERE PAID OR NOT?" for the week containing that Friday meeting. Then he'll enter Friday's date, the number of hours (4), and the gross amount he'll be paid. The system will prompt him through all the necessary information.

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Thank you for the step-by-step guidance! This is exactly what I needed to know. Will make sure he follows these instructions when certification time comes around.

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