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Oliver Schmidt

Can I get unemployment if I get terminated from my job in California?

Got let go from my warehouse job last Friday and I'm in full panic mode trying to figure out what happens next. My supervisor said I was being terminated for 'performance issues' but honestly the whole thing felt really sudden and unfair - I had no written warnings, nothing. HR just called me in and that was it. So my main question is: can I get unemployment if I get terminated like this? I always thought you had to be laid off to qualify but a coworker told me that's not necessarily true. I filed online through myEDD (https://myedd.edd.ca.gov/) yesterday because I figured I should get the clock started, but now I'm sitting here wondering if EDD is just going to deny me automatically because my separation reason says 'terminated.' My last day was Friday and I had been there about two and a half years. Weekly wages were decent so I'm hoping the benefit amount won't be terrible if I do qualify. Has anyone been through a termination and still gotten approved? What actually happens after you file?

Terminated from my retail job back in spring and went through this exact situation. EDD doesn't automatically disqualify you just because you were fired - the key is whether the reason for the firing counts as 'misconduct' in EDD's eyes. And misconduct has a pretty specific meaning: your employer actually has to prove you did something that crossed a line, like intentionally breaking rules or being dishonest. 'Performance issues' with no written documentation is a rough case for an employer to make. File and let EDD sort it out through the interview process.

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The 'employer has to prove it' part is what I keep hearing but I didn't know if that was actually how it works or just wishful thinking. Good to know it's real.

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Came to say the same thing. My old manager tried claiming I had performance problems too and EDD ultimately decided in my favor. Document everything you remember about those last weeks while it's still fresh.

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Already writing things down. I want to have a clear picture of what happened in case I need to explain it.

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Termination claim going through adjudication right now - my last employer said misconduct, I said absolutely not, and EDD scheduled a phone interview to hear both sides. Used Claimyr (claimyr.com) to get through to an EDD agent first because I wanted to know what was actually in my file before that interview. The agent told me EDD had already contacted my former employer and was waiting on their response, and that my weeks would stay pending until after the interview. There's a video about reaching a live person at EDD by phone at https://youtu.be/JmuwXR7HA10 if the hold times are killing you. After the interview I just waited and eventually the payments posted for the weeks I'd certified.

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How long between the interview and finding out the decision? I'm trying to plan finances around this.

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Mine was about two and a half weeks before the payments showed up in UI Online. Keep certifying every two weeks no matter what - you need those certified weeks on record if EDD decides in your favor.

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Adjudication pending over here too. How exactly did you get the agent to tell you what was in your file? I didn't know you could ask that.

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Lot of people get confused about how terminations work with EDD so let me break it down simply. When you file and list 'terminated' as your reason, EDD flags it and schedules a phone interview with you. They also contact your old employer. The burden is on the employer to show there was real misconduct - not just poor performance, not just 'we didn't like how they were doing things,' but actual intentional wrongdoing. If the employer can't back that up with evidence, you generally get paid. Performance issues alone rarely meet the misconduct bar.

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wait so even if youre fired you can still get unemployment?? i always thought fired = no benefits. learned something new today

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Super common misconception. The word 'fired' doesn't decide it - what matters is whether there was real misconduct. Plenty of people get terminated and still collect.

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My HR literally told me I wouldn't qualify when they let me go. Turns out that wasn't their call to make at all. EDD makes the decision, not your former employer.

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DE 4800 - that's the form that comes in the mail once EDD schedules your phone interview. The date and time of the interview are on it, and that same time shows up on your UI Online homepage. When the interviewer calls at that time, pick up. If you miss it for some reason, phone EDD that same day because waiting can delay or even deny your claim. The interview is basically EDD asking you to explain your side of the termination so have your facts ready.

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So I should be watching my mail closely for that DE 4800. How fast does it usually arrive after filing?

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Usually within the first week or two in my experience, but the interview date itself was about three weeks after I filed. Just keep checking UI Online too because the date shows there as well.

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Mine showed up faster than I expected honestly. Keep your phone nearby that whole week the interview is scheduled because the interviewer calls right at the time listed.

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Got it, keeping the phone on me constantly once I know the date. Last thing I want is to miss that call.

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Something I wish someone had told me when I got terminated: start CalJOBS registration right away. EDD sends a Notice of Requirement to Register for Work (DE 8405) and you have 21 days from that date to get registered and post your resume on caljobs.ca.gov. Missing that deadline can pause your payments even if everything else is going fine with your claim. It tripped me up and I had to scramble to fix it.

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I had no idea about CalJOBS being part of this. So that's completely separate from the UI Online stuff?

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Yeah it's a different system entirely - CalJOBS is for job searching and EDD links your claim to it. UI Online is where you certify and check payment status. You need both going at the same time.

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Can confirm this tripped me up too. Got so focused on the EDD side that I totally forgot about CalJOBS and my payments paused for like two weeks while I sorted it out.

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okay i need to jump in because i was in a situation EXACTLY like this six months ago. performance termination, no warnings, complete shock. filed immediately, did the phone interview, employer gave their side, i gave mine. EDD sided with me and i got paid going back to week one. the whole thing took about five weeks start to finish. dont let the word 'terminated' scare you into not filing. worst case they deny you and you can appeal. best case you get paid

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Five weeks is helpful to know for planning purposes. Did your employer show up to the interview or was it just you talking to EDD?

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EDD does separate interviews - they call you at one time and your employer at a different time. You dont talk to your employer directly, just to the EDD interviewer. way less stressful than i expected

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wait they interview both sides separately?? i thought it was like a three way call or something. that makes way more sense

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The waiting week thing confused me when I first filed after being terminated. First week you're eligible is an unpaid waiting week - doesn't cost you any money from your total benefit amount, it's just the first week that isn't paid. So when you get your first certification it'll cover that waiting week plus usually one paid week. Don't freak out when you see that first week shows as not paid because that's normal.

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Okay that's genuinely helpful because I would have definitely panicked seeing an unpaid week. So the total amount I can collect isn't affected by it?

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Right, the maximum benefit amount stays the same. The waiting week just shifts when payment starts, it doesn't eat into your total.

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Lots of people think the waiting week means EDD denied them or something went wrong. It's just part of how every California UI claim works from the start.

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Two weeks ago I still didn't have my DE 429Z and was losing my mind wondering if the claim had even processed. That's the award notice that shows your weekly benefit amount - it comes in the mail and takes a couple weeks after you apply. If it has wrong information on it like wrong wages, appeal in writing within 30 days. Otherwise just sit tight and wait for the CalJOBS notice and the interview scheduling.

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How do I know what my weekly amount should be roughly? Is there a way to estimate it before the DE 429Z arrives?

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EDD has an Unemployment Benefit Calculator on their site at edd.ca.gov - plug in your quarterly wages and it gives you an estimate. It's not exact but close enough to plan around.

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The benefit amount comes from whatever your highest paid quarter was during your base period. If you had a good quarter at the warehouse that number is what EDD uses to calculate it.

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My termination claim got denied the first time and I had to appeal it. Wanted to share that so people know it's not always smooth. Got a Notice of Determination (DE 1080CZ) in the mail saying I was disqualified, but it also came with the Appeal Form (DE 1000M). Filed the appeal within 30 days, kept certifying the whole time, and an administrative law judge heard my case. Eventually got a written decision in my favor and EDD paid out all the weeks I had certified. Point is: a denial isn't the end.

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The fact that you can appeal is really reassuring. Did you represent yourself or get help for the hearing?

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Represented myself. The judge was fair and just asked me to walk through what happened. Having written notes from when I was actually terminated helped a lot - dates, what was said, who was there.

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appeals also remind me - keep certifying even during an appeal or you lose those weeks entirely. you can only get paid for weeks you actually certified

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genuinely asking - does it matter that he had been there 2.5 years? like does tenure help your case at all with EDD

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Tenure itself isn't really a factor in the eligibility decision - EDD cares about the reason for separation and whether misconduct happened, not how long you worked there. That said, a long employment history with no prior issues could matter if the employer tries to claim there was a pattern of misconduct.

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okay makes sense. i assumed longer = better but its really about why you got let go not how long you were there

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DE 1326C is the identity verification request - just flagging that because sometimes after filing you get one in the mail asking you to verify through ID.me before EDD will process anything. If that lands in your mailbox do it immediately, it holds up everything if you ignore it. Set up an ID.me account, take the photo, let it share with EDD. Takes maybe 20 minutes but clears that hurdle fast.

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Haven't gotten anything like that yet but I'm watching the mail carefully now. Added this to my mental checklist.

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ID.me stuff can also sometimes get stuck even after you do it. If your Claim History in UI Online still shows pending after a week or so, worth checking in with EDD to confirm they received the verification.

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That's a good point - I'll double check in UI Online a week after if I end up needing to do the ID.me step.

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Spent three days straight hitting redial trying to reach EDD after my termination because I had a question about which weeks were showing pending in Claim History. Never got through that way. Eventually tried Claimyr and ended up talking to an actual EDD agent who pulled up my account right there. Turned out two weeks were pending because the employer response hadn't come in yet, and the agent explained that those weeks would stay pending until after the phone interview. Helped me stop catastrophizing and just wait the process out.

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Did that work out for getting the pending weeks resolved eventually?

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Yes - once the interview happened and EDD made the decision, both pending weeks processed and payment posted within a few days.

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The pending weeks situation is exactly what I'm dreading. Good to know there's a way to actually get answers when you need them.

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Misconduct definition is something I see people get wrong all the time in these threads. Some say misconduct means anything your employer didn't like. That's not right. EDD's standard is about intentional behavior that breaks the rules of employment - your employer has to actually prove you deliberately did something wrong. Making mistakes, having a bad month, not meeting quotas - those generally don't clear the misconduct bar. Performance issues with zero written warnings is exactly the kind of case EDD often rules in the employee's favor.

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so like accidentally messing up at work isnt misconduct but intentionally doing something wrong is? that actually makes sense

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Basically yes. The intent element matters a lot. An honest mistake looks very different to EDD than something that looks deliberate.

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My former employer claimed I had performance issues and EDD asked them to send documentation. They couldn't produce anything because there was none, and that was pretty much the end of it.

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Payments go onto a Money Network debit card unless you switch it in myEDD to direct deposit or a paper check. Worth knowing before your first payment lands - check that you have the right payment method set up so money doesn't sit on a card you don't know to look for. Payment status updates daily in UI Online and you can also check by calling 1-866-333-4606 anytime.

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I didn't even think about the payment method setup. Going to log into myEDD right now and check what it's set to.

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Direct deposit was the fastest for me personally. Had payment in my account usually within 24 hours of certifying online.

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Honestly the CalJOBS requirement stresses me out more than the EDD stuff. Do you actually have to apply to jobs through CalJOBS or just register and post a resume? I never understood what 'registered' actually means for it.

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You register in CalJOBS and post your resume - that's the requirement EDD tracks. For the ongoing work search part, you need to be actively looking for work and able to work every week you certify, but EDD doesn't give a specific number of contacts you need to hit per week publicly. The CalJOBS registration is the specific thing with the 21-day deadline on that DE 8405 notice.

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okay so the resume part is the actual requirement not necessarily applying through CalJOBS itself. that clears it up

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Right, CalJOBS is more of a job search resource - resume help, job fairs, listings - but the EDD requirement is registering and posting the resume, not specifically using CalJOBS to apply to every job.

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Taxes on unemployment benefits caught me off guard last year. Federal income tax applies to what EDD pays you, but California state income tax doesn't. When you certify you can choose to have 10 percent withheld for federal taxes, which I wish I had done from the start. EDD mails a 1099G every January and it's also in UI Online under Payments.

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Hadn't even thought about the tax part yet. I'll set up the withholding from day one so I don't get hit with a surprise bill.

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Smart move. I skipped it thinking I'd deal with it later and then owed more than I expected at tax time.

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EDD makes the decision - not your former employer. People keep forgetting that. Your old workplace can say whatever they want to EDD, provide their version of events, all of that. But EDD is the one who decides whether you qualify. I had a supervisor who was absolutely convinced he could 'block' my unemployment claim and was bragging about it to coworkers. EDD approved me anyway once they heard my side.

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My HR implied something similar and I was so worried they had some kind of power to deny me directly. Good to hear that's not how it actually works.

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Employers responding to EDD and providing documentation is part of the process, but yeah - EDD is the one with the actual authority here, not the former employer.

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my old boss said the same thing lol. 'ill make sure you dont get it.' EDD approved me in like 4 weeks

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Question about the base period - does the last couple months I worked count toward what EDD uses to calculate my weekly amount? I got a raise at the warehouse about four months ago and I'm hoping that shows up.

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The standard base period EDD uses is the first four of the last five completed calendar quarters before your claim starts. So that most recent quarter might not be in there. If the standard base period doesn't give you enough wages to have a valid claim, EDD automatically switches to the alternate base period which uses your four most recent completed quarters. But the alternate only kicks in if the standard doesn't qualify you - it won't switch just to get you a higher weekly amount.

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So if the raise was recent it might fall outside the standard period entirely. That's kind of frustrating but at least I understand why now.

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EDD's benefit calculator on their site helps you figure out which quarter was your highest - if you plug in your earnings by quarter you can see what your weekly amount should work out to.

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Went through termination adjudication twice in my life and both times it came down to whether my employer had actual documented proof. First time they did have some paperwork and I got denied (but I did appeal and lose that one too, which was a rough couple months). Second time, years later, they had nothing and I got approved pretty fast. The documentation - or lack of it - matters a lot.

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Sorry to hear the first one didn't go your way. The second time around did you do anything differently to prepare for the interview?

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Had way more notes the second time. Wrote down everything I could remember about the last few months - performance reviews (or lack of them), any conversations with supervisors, dates I could recall. The interviewer asked some really specific questions and having a written record helped a lot.

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Notes are seriously underrated. I had bullet points of every incident in reverse chronological order and it made the interview feel so much less overwhelming.

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Certifying every two weeks is what keeps the claim active no matter what stage you're in - interview pending, adjudication open, appeal in progress. I see people pause certifying because they think they should wait until it's resolved and then they lose those weeks forever. Keep certifying consistently, every two weeks, through whatever EDD process is happening on your claim.

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I was actually going to wait until after the interview to certify because I didn't know if I should be doing it before the decision. Really glad someone said this.

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Nope - certify starting from the week you're eligible. The interview and adjudication process can run while you're certifying. EDD pays out the certified weeks once they decide in your favor.

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i made this mistake once and lost like 3 weeks of benefits i couldve had. certify every two weeks no matter what, cannot say this enough

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Benefits came through for me after a termination even though my manager kept saying I 'definitely wouldn't qualify.' Something I did that felt important: I didn't badmouth my employer in the interview, just stuck to the facts. What happened, when it happened, what documentation existed (none in my case), what I was told as the reason. EDD interviewers seem to respond better to clear timelines than to venting.

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That's good to hear about tone. I'm pretty frustrated honestly but I'll keep it factual in the interview.

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Completely understandable to be frustrated - I was too. But saving the venting for friends and keeping the EDD interview strictly to facts helped me stay focused and clear.

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Agreed on this. The interviewer is trying to establish facts about the separation, not hear about workplace drama. The cleaner your timeline, the easier it is for them to understand what happened.

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EDD's live chat is worth trying too if you have basic questions and don't want to call. It's available Monday through Friday from 9 a.m. to 2 p.m. through the Help button inside UI Online. I've had luck getting quick answers there for simple stuff - but for anything about adjudication or pending issues on your actual account, a phone call tends to be more useful because they can pull up your file.

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I didn't know live chat was an option inside UI Online. I'll try that for simpler questions and save the phone line for the bigger stuff.

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Live chat worked for me for a quick certification question but when I had the pending weeks issue from adjudication I needed someone who could actually see my account details. That's when I ended up using Claimyr to get a live EDD agent on the phone - the agent pulled up my file and walked me through exactly which weeks were flagged and why.

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Yeah that tracks - live chat has limitations when it's something specific to your account. Phone access is worth it for the adjudication stuff.

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The employer not responding thing is worth knowing about. If EDD sends your former workplace a Notice of Unemployment Insurance Claim Filed and they don't respond within about 10 days, they lose their chance to contest the claim and can't appeal EDD's decision. No documentation submitted, no appeal rights. So sometimes an employer who made a lot of noise about fighting your claim just... doesn't. EDD still makes their decision but without any employer input.

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I hadn't thought about the possibility the employer might just not respond. Does that automatically mean I get approved?

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Not automatically - EDD still evaluates the claim with the information they have. But with no employer documentation or response, there's nothing contradicting your version of events, which generally works in your favor.

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Happened to a friend of mine - employer talked tough but never actually responded to EDD. Friend got approved. Sometimes the loudest ones do the least.

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