Can I claim EDD benefits after 70% salary cut and forced 1099 status while working two jobs?
I'm in a really tough spot right now. I've been working two W2 jobs to make ends meet in this crazy housing market. My main job is in retail, but I've had this second remote position for about 18 months that's been helping me stay afloat. Yesterday I got a shocking email from my remote employer saying they're cutting my salary by over 70% AND converting me from W2 to 1099 contractor status for the remainder of 2025. They also hinted the position will likely be eliminated completely by early 2026. This feels like constructive dismissal to me, but I'm confused about my options since I still have my other W2 job. Can I file for partial unemployment? Has anyone dealt with a W2-to-1099 forced conversion and successfully claimed benefits? I'm freaking out because this remote job income is what I use to pay my rent.
22 comments
Ravi Sharma
Yes, you might qualify for partial unemployment benefits! This situation is called a "reduction in hours/wages" claim. Since your income was reduced by more than 20% (yours is a massive 70% cut), you could be eligible. The W2 to 1099 conversion is actually a form of termination from your W2 position - they're essentially ending your employment and offering you a completely different arrangement. You should apply online through UI Online ASAP and make sure to explain both the pay cut AND the status change. Just be aware you'll need to report all earnings from both jobs during certification.
0 coins
Isabella Ferreira
•Thank you so much! Do you know if I need to wait until the actual pay cut takes effect before applying, or can I apply now with the notification letter as proof? Also, will my other W2 job disqualify me?
0 coins
NebulaNomad
omg they did the exact same thing to me last year!! except mine was a 50% cut. seriously the whole W2 to 1099 thing is their sneaky way of avoiding unemployment claims. i didnt even try to file cause i assumed i wouldnt qualify with my other job. following this to see what happens with yours
0 coins
Freya Thomsen
•This is a classic cost-cutting tactic that companies are using more frequently. They know EXACTLY what they're doing by switching you to 1099 - avoiding payroll taxes, benefits, and unemployment responsibility. It's disgusting and should be illegal. You should both file complaints with the EDD about potential misclassification AS WELL AS applying for UI benefits. The system is RIGGED against workers!!
0 coins
Omar Fawaz
The key here is whether your total earnings from your remaining W2 job are less than your weekly benefit amount would be. If your other job pays less than what your weekly UI benefit would be, you might get partial benefits to make up some of the difference. You gotta report all your income during certification tho
0 coins
Isabella Ferreira
•That makes sense. My retail job is only about 20 hours a week, so the income is definitely less than what a full UI benefit would be. This gives me hope!
0 coins
Chloe Martin
I think the better question here is whether that 1099 conversion is even legal? They can't just decide to change your employment classification unless your actual work arrangement changes. If they're still controlling when/how you work, they might be misclassifying you.
0 coins
Omar Fawaz
•This is a realllly good point. California has super strict laws about who can be classified as a 1099 contractor (AB5). If they're just changing your status but expecting the same work arrangement, that's potentially illegal misclassification.
0 coins
Diego Rojas
When you apply for UI benefits, make sure to explain that you were essentially terminated from your W2 position and offered a vastly different arrangement. The combination of a 70% pay cut AND change to 1099 status amounts to constructive dismissal in most cases. You'll need to report all earnings from both your retail job and the new 1099 work during your bi-weekly certification process. The EDD formula works like this: If your weekly earnings are less than your weekly benefit amount, you'll receive partial benefits equaling the difference. For instance, if your weekly benefit amount would be $450, and your current retail job pays $250/week, you'd receive $200 in UI benefits. Also worth noting that as a 1099 contractor, you're now responsible for paying your own Social Security and Medicare taxes, which is an additional 15.3% tax burden. This effectively makes your pay cut even more severe.
0 coins
Isabella Ferreira
•Thank you for the detailed explanation! I hadn't even considered the additional tax burden. This is all so overwhelming.
0 coins
Anastasia Sokolov
hav u tried calling EDD to ask? might be faster than waiting for forum responses? i tried 2 get thru last month and gave up after like 30 calls lol
0 coins
StarSeeker
•I finally got through to EDD last week using Claimyr! I was in the exact same boat - calling for DAYS with no luck. Claimyr.com got me connected to an EDD agent in about 20 minutes. They have this video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was totally worth it because the agent was able to fix my pending payments that had been stuck for weeks. Definitely better than the endless redial game.
0 coins
Freya Thomsen
Your employer is CLEARLY trying to avoid paying unemployment! This happens ALL THE TIME. They make your situation so unbearable with massive pay cuts that you quit "voluntarily" OR they shift you to 1099 so they aren't responsible when they eventually cut you loose completely. It's a SCAM that companies pull to avoid their obligations. I went through something similar in 2024 and had to FIGHT the EDD determination initially because my employer lied about the circumstances.
0 coins
Chloe Martin
•Quick question - did you win your case with EDD? Was there a hearing? Curious how these situations typically resolve.
0 coins
Freya Thomsen
•YES I did win but it took TWO MONTHS and an appeal hearing. I had to gather emails proving the drastic changes to my employment terms. The judge ruled it was constructive dismissal. DOCUMENT EVERYTHING!
0 coins
Ravi Sharma
One more important thing to consider: when you file your claim, the EDD will need to determine which job separation to base your claim on. If you're still working your retail job, they'll likely base the claim on the job with the significant reduction (your remote job). Make sure to clearly document the notification about the pay cut and status change - save that email! You'll need to provide the exact date when this change goes into effect.
0 coins
Isabella Ferreira
•I've saved everything, including the email and the new 1099 contract they want me to sign. The changes take effect starting next month. Should I wait until then to file or do it now?
0 coins
Ravi Sharma
•File your claim after the actual change takes effect - so the first day you work under the new reduced pay rate and 1099 status. If you file now, they'll just see you're still fully employed with your current pay rate. Remember you can backdate a claim by up to 30 days if needed.
0 coins
Omar Fawaz
i think what sucks most about these situations is most ppl dont even know they can get partial unemployment so they just accept the crappy new terms. make sure to tell ur coworkers if others are getting hit with the same changes
0 coins
Isabella Ferreira
•Yes, they're doing this to my whole department - about 15 of us. I'll definitely share what I learn here. We're all pretty shell-shocked right now.
0 coins
Diego Rojas
Based on your responses, it sounds like this is affecting multiple employees. That's actually helpful for your case as it demonstrates a clear business decision rather than performance-based action. When you file, you'll want to: 1. Wait until the actual change takes effect 2. Apply online through UI Online (faster than paper application) 3. Select "Still working but had hours reduced" as your reason 4. Clearly explain the 70% pay cut AND status change in the additional details section 5. Be prepared for EDD to contact both employers to verify details 6. Report ALL earnings accurately during certification If your application is initially denied, don't panic - many complex cases require an appeal. The appeal process gives you an opportunity to explain your situation to a judge who better understands employment law nuances.
0 coins
Isabella Ferreira
•This is incredibly helpful. I'll follow these steps exactly. Thank you for taking the time to lay it all out so clearly. It's giving me some hope that I might be able to get through this financially.
0 coins