Can I still get backpay if I find a job while waiting for my EDD appeal hearing?

Yes, if your appeal is successful, you should receive backpay for all the weeks you properly certified for and were eligible during that period - regardless of whether you're employed by the time the appeal hearing happens. Just make sure you're maintaining detailed records of your job search activities for each certification period. The key is that you're continuing to certify properly while unemployed.

I WENT THRU THIS EXACT THING last year!!!! My boss said I was fired for misconduct when I was actually laid off with 5 other people. EDD sided with him at first (OF COURSE) & I had to appeal. Keep certifying for every week you're unemployed, save ALL your job search records. When I won my appeal 3 months later, they paid me for all those weeks I certified even tho I had a new job by then. THE SYSTEM IS RIGGED but if you stay on top of it you'll get your $$$

Make sure u keep good records of all ur job applications! When I had my appeal they asked for specific details about where I applied. If u get a job b4 the hearing just let them know at the hearing. As long as u certified correctly for the weeks u were unemployed u should get paid for those weeks if u win.

Just went through a similar situation. Waiting for appeals can take anywhere from 8-12 weeks right now based on my experience. If you're struggling to get updates on your appeal status, I recommend using Claimyr (claimyr.com). They got me connected to an actual EDD rep who could see my appeal status in their system. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km But yes, to answer your question - if you win your appeal, you'll get backpay for all properly certified weeks when you were eligible, even if you're working by the hearing date. I won my appeal and got paid for 9 weeks of certifications even though I had already started a new job 3 weeks before the hearing.

my cousin had something like this happen last summer and he got a job while waiting for appeal but ended up winning and got all the back weeks paid to him. just make sure ur certifying right and not making mistakes on those forms!!! they look for ANY reason to deny u

From my understanding, what matters is your eligibility status during each week you certified. If your appeal determines you were eligible for those weeks, you should receive payment for them regardless of your current employment status. Just be prepared to explain your job search efforts during the appeal hearing.

wait im confused. if u get a job do u have to tell edd right away or can u wait until after appeal??? i dont want to get in trouble for fraud or something

To clarify something important: when you do get a job, you must report it on your bi-weekly certification for that period. Report your hours worked and wages earned truthfully. If your wages are below your weekly benefit amount, you might still get partial benefits. Once you're fully employed, you'll stop being eligible going forward, but that has no effect on your past weeks. For your appeal hearing, bring as much documentation as possible: emails about the layoff, any communication showing it was a company restructuring, names of other employees who were laid off at the same time, performance reviews if they were positive, etc. The more evidence you have contradicting your employer's claim that you quit, the better your chances.

Hey did u ever get ur appeal date yet? Mine took almost 3 months to get scheduled! The waiting is the worst part

One more IMPORTANT thing!!! When you do get a job, make sure you report it on your certification CORRECTLY. If you report it wrong, they might try to hit you with an overpayment later! And they'll want ALL that money back, plus they might even add penalties!!! EDD is ALWAYS looking for ways to take money back from us!!

When you do get your appeal date, be prepared and organized. Bring a timeline of events, any documentation supporting your case (emails about the layoff, etc.), and your job search records. In my hearing, the judge asked very detailed questions about my separation from employment. Your former employer will likely participate, so be ready to counter their claims professionally. And yes, winning means you'll get backpay for all those certified weeks - usually within 7-10 days after the favorable decision. It will come all at once, which was actually a nice lump sum for me after months of financial stress.

Having those coworkers who were also laid off in the same restructuring is HUGE for your case! If possible, try to get written statements from them confirming the circumstances of the layoff - even just a simple email or text screenshot saying "yeah, we were all laid off together during the company restructuring on [date]" can be powerful evidence. The more witnesses you have to contradict your employer's "quit" story, the stronger your position. Also, if your company sent out any official communications about the restructuring (even internal memos or announcements), those would be gold for your hearing. Don't stress too much about the waiting - appeals are taking forever right now, but you're doing everything right by continuing to certify and job search!

I went through almost the exact same situation about a year ago! My employer claimed I was terminated for performance issues when I was actually part of a department closure. The appeal process took about 10 weeks, and I did find a job about 3 weeks before my hearing date. Here's what I learned: 1) Keep certifying religiously until you get that new job - missing even one certification can mess up your backpay, 2) When you do find work, report it honestly on your next certification, 3) If you win your appeal (which sounds likely given you have coworkers who can back up the restructuring story), you'll get paid for ALL those weeks you certified while unemployed, even though you're working by then. The backpay came about 5 days after I won my hearing. Also, definitely get those written statements from your coworkers - I had two former colleagues write simple one-paragraph statements confirming we were all laid off together, and the judge referenced them multiple times during the hearing. You're doing everything right, just hang in there!

I'm new to this community but going through something similar right now! My employer also contested my claim saying I was fired for cause when I was actually laid off due to budget cuts. Filed my appeal 4 weeks ago and still waiting. Reading all these responses gives me so much hope - especially hearing that multiple people got their backpay even after finding new jobs. I've been stressing about whether to keep job searching aggressively or wait for the appeal, but it sounds like I should definitely keep applying while maintaining those detailed job search records. Thanks everyone for sharing your experiences, this is exactly the kind of real-world advice I needed to hear!