Can S corp owner collect unemployment in California EDD?
So I've been running a small marketing consultancy as an S corp for about six years, paid myself a reasonable salary as the sole shareholder-employee, had the CASDI deductions taken out of every paycheck just like any W-2 worker. The company lost its two biggest clients back-to-back this past spring and I had to shut everything down in September. Zero revenue, dissolved the corporation, final payroll was processed, done. Now I'm sitting here wondering if I can actually file for California unemployment benefits or if S corp owners are just automatically locked out. I did pay into SDI this whole time through my wages, but I know unemployment is funded differently by the employer side. My accountant says maybe, my attorney says probably not, and I can't get a straight answer anywhere. Has anyone actually been through this and filed a California EDD claim as an S corp owner-employee? Did it work?
84 comments

Malia Ponder
Filing as an S corp shareholder-employee is genuinely one of the more complicated unemployment situations out there. The core question EDD looks at is whether you were truly an employee who paid UI taxes through your wages, or whether you were essentially self-employed running your own show. As an S corp owner, your corporation was the employer and paid UI payroll taxes on your salary to EDD, so the tax side of it is real. What gets complicated is the control question — EDD will want to understand whether you controlled your own employment and whether the separation was truly involuntary. Shutting down a corporation you owned and controlled is different from being laid off by an outside employer. That said, I've seen people in this situation get approved. The key is that your employer (the corporation) paid the UI taxes, so you do have a legitimate wage record. File and let EDD make the determination — don't let your attorney's guess stop you from applying.
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Holly Lascelles
AuthorThe UI taxes point is what I keep coming back to. The corporation paid into EDD's system on my wages every quarter for six years. It feels wrong that those contributions would just evaporate.
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Kyle Wallace
your attorney saying probably not sounds like they're being cautious but that doesn't mean file and see what happens is bad advice, EDD decides not them
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Malia Ponder
Exactly — EDD has its own determination process and your attorney isn't EDD. The worst that happens is they deny it and you appeal or move on. Apply online through myEDD and get your base period wages in front of EDD.
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Ryder Ross
Had my employer shut down last year, completely different situation from yours but the base period piece matters a lot here. The standard base period looks at the first four of the last five completed calendar quarters before your claim starts, so your wages from those quarters are what EDD uses to figure out if your claim is valid and what your weekly benefit amount would be. You need at least $1,300 in one quarter, or $900 in your highest quarter with total base period wages adding up to 1.25 times that. If you paid yourself a decent salary, you're almost certainly over that threshold. The weekly amount comes from your highest quarter and maxes out at $450. Have your W-2s ready when you apply.
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Holly Lascelles
AuthorPaid myself $72,000 a year so the wage threshold isn't the problem. It's really the eligibility question — will they treat me as an employee who was laid off or as a business owner who wound down their own company.
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Gianni Serpent
that exact question is why they do the phone interview i think, they want to hear both sides and figure out the control thing
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Ryder Ross
Right, the interview is where the nuance gets sorted out. Be ready to explain the timeline of the dissolution and that the decision to close was driven by losing the revenue, not just a choice to stop working.
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Henry Delgado
Dissolution paperwork being filed on my own S corp was what finally pushed me to try reaching EDD directly instead of guessing from forums. Used Claimyr (claimyr.com) to get through on the phone — it holds in the queue so you end up talking to a live EDD agent. There's a short video showing how reaching a live person at EDD works: https://youtu.be/JmuwXR7HA10. The agent I got pulled up my wage record and confirmed my wages were on file from the corporation's quarterly reports. She said the control and separation issues would go to adjudication after I filed, and that a phone interview would be scheduled on the DE 4800 to let me explain the client losses and dissolution. She didn't promise anything but said the wage record itself was solid. I went ahead and filed online through myEDD that same afternoon.
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Holly Lascelles
AuthorThat's exactly the kind of direct answer I needed. So the wage record was actually there in EDD's system from the corporation's quarterly filings — that's reassuring. Did your adjudication resolve in your favor?
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Henry Delgado
Mine did eventually, yes. Got a Notice of Determination after the phone interview and it went through. The interview is at the date and time on the DE 4800 notice — make sure your phone is on and nearby at that exact window.
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Olivia Kay
The quarterly UI reports the corporation filed are what create the wage record — good to know an agent actually confirmed that shows up on their end.
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Joshua Hellan
The control question is what trips up most S corp owners in this situation. EDD's adjudication on a shareholder-employee claim basically comes down to: did you control the terms of your own employment to such a degree that the separation wasn't truly involuntary? Losing clients and dissolving because the business became non-viable is actually a decent argument for involuntary separation — you didn't choose to stop working, the economic reality forced it. Where people run into trouble is when they voluntarily reduced their own salary, gradually wound down, or could have kept the business going but chose not to. Document everything — the client loss dates, final revenue figures, the dissolution filing date. All of that tells a coherent story at the phone interview.
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Holly Lascelles
AuthorThe two client losses happened in March and June, final revenue came in July, and I processed the last payroll in mid-September before filing dissolution papers. That timeline is pretty clean.
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Joshua Hellan
That's a strong factual narrative. Bring those dates and amounts to the interview. The interviewer will ask about the last day worked, why the business closed, and whether you had any control over preventing it.
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Jibriel Kohn
documenting the client losses with emails or contracts ending helps too, something concrete showing it wasn't just your decision to close up shop
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Edison Estevez
wait so you paid CASDI out of your paycheck the whole time? i thought that was for disability, does that also count for unemployment? i always mix those two up
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Malia Ponder
The CASDI deduction on a paycheck covers State Disability Insurance and Paid Family Leave — those are the worker-paid parts. Unemployment insurance is actually paid by the employer side, not taken from the worker's check. So the S corp was paying UI taxes as the employer every quarter, separate from the CASDI on the salary.
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Edison Estevez
ohh okay so totally separate pools of money, makes sense now
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Holly Lascelles
AuthorYeah I had the same initial confusion. My CASDI deductions paid into SDI, but the UI taxes came out of the corporation's employer account. Both are real contributions, just for different programs.
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Emily Nguyen-Smith
Applied for California EDD benefits after winding down my own LLC taxed as an S corp about 18 months ago and it did go to adjudication pretty quickly. The pending status in UI Online Claim History stayed for about three weeks while EDD worked through the control question. The phone interview notice came on the DE 4800 and I got my chance to explain the whole situation. My advice: be specific about why you couldn't just find new clients and keep going. EDD is trying to figure out if the shutdown was genuine or if you're a self-employed person calling yourself unemployed.
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Holly Lascelles
AuthorThree weeks in adjudication — that's the kind of real timeline that helps me plan. Did you keep certifying during that whole pending period?
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Emily Nguyen-Smith
Certify every two weeks no matter what, even when everything shows pending. EDD can only pay certified weeks once they decide, so stopping would mean losing those weeks entirely.
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James Johnson
this is the most important point in this thread honestly, don't stop certifying just because adjudication is dragging
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Sophia Rodriguez
For the actual filing process — when you go into myEDD to apply, you'll put the S corporation as your last employer, give the full corporate address, the final payroll date, and select that you were laid off or the business closed. Don't select that you quit, because you didn't — the corporation ceased operations. The separation reason framing matters. Have your corporate EIN handy because you may need it, and have the last few quarters of your W-2 wages ready to reference. EDD will cross-check against the quarterly wage reports the corporation filed, so your numbers need to match what your accountant reported.
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Holly Lascelles
AuthorThe EIN piece is a good reminder — I'll pull the corporate documents before I start the application. And definitely marking it as business closure rather than a quit, that's an important distinction.
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Joshua Hellan
Agreed on the separation reason. Selecting quit would trigger a whole different set of questions about whether you had a good reason, which is not the argument you want to be making here.
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Kyle Wallace
also keep a copy of your dissolution filing handy, that date is a concrete piece of evidence that the business actually ended
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Mia Green
MY SITUATION WAS SIMILAR AND EDD DENIED ME THE FIRST TIME because they said I had substantial control over my own employment. I appealed it and WON at the hearing in front of the administrative law judge. The key thing that turned it around was showing financials proving the business had no revenue and couldn't have continued. If you get denied don't just accept it — appeal within 30 days of the date on the Notice of Determination using the DE 1000M form or a written letter to the address on the notice.
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Holly Lascelles
AuthorThat's genuinely encouraging — knowing there's a real appeals path with an actual hearing makes me less nervous about whatever the initial determination says.
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Mia Green
The appeals process is real and the administrative law judge is independent. Bring documentation, tell your story clearly, and don't let a first denial be the end of it.
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Jibriel Kohn
the hearing is testimony under oath so treat it seriously, you can represent yourself but make sure your financials and dissolution docs are organized
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James Johnson
Does CalJOBS registration apply to someone in this situation? Like if EDD approves the claim, are you still required to post a resume and do the work search requirements even if you're trying to start a new business rather than find a job?
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Malia Ponder
CalJOBS registration is required for most claimants — EDD sends a Notice of Requirement to Register for Work (DE 8405) and you generally have 21 days from that date to register and post a resume. Missing it can stop payments. As for starting a new business, that gets complicated: every week you certify you need to be genuinely able and available for work. EDD decides those questions on a week-by-week basis.
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James Johnson
okay so you can't just say you're available for work while exclusively working on starting a new company, EDD would want you to actually be open to employment
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Emily Nguyen-Smith
Exactly, the able and available requirement is a real one for each certified week, not just a checkbox. Someone trying to build a new business full-time probably shouldn't be certifying unless they're genuinely open to taking employment.
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Emma Bianchi
Just filed last week in a pretty similar setup — sole shareholder-employee, corporation paid UI taxes on my W-2 wages for four years, company dissolved in October due to losing our anchor contract. I honestly wasn't sure if applying was even worth it but figured the worst answer is a denial I can appeal. Status is showing pending in Claim History right now. The DE 4800 for my phone interview came in the mail yesterday so that's moving at least.
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Holly Lascelles
AuthorReally glad you chimed in with a current experience. Pending with an interview notice already scheduled sounds like EDD is actually working it rather than just sitting on it.
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Emma Bianchi
Yeah the interview date and time are on the DE 4800 and also showing on my UI Online homepage. I've got my client contract termination emails and the dissolution filing ready to reference.
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Joshua Hellan
You're in a solid position going into that interview. The contract termination emails are exactly the kind of contemporaneous evidence that supports the involuntary nature of the closure.
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Jibriel Kohn
One thing I want to flag about the weekly benefit calculation — your highest calendar quarter wages are what drive the amount, not your annual salary divided by four. So if your salary was spread evenly, one quarter would be roughly $18,000 of your $72k annual, which would put your weekly benefit amount well above the midpoint of the $40 to $450 range. The exact figure will be on the Notice of Unemployment Insurance Award (DE 429Z) that EDD mails after processing your application.
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Holly Lascelles
AuthorSo the DE 429Z is the first real paperwork I'd see confirming what the weekly amount would be — not an approval of the claim itself, just the award schedule?
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Jibriel Kohn
Correct, the DE 429Z shows what the claim could pay based on your wages, not that EDD has cleared you for benefits. Eligibility is a separate determination that comes after the phone interview and adjudication process.
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Sophia Rodriguez
And if anything on the DE 429Z looks wrong — wrong quarter wages, wrong employer — appeal it in writing within 30 days of the mailing date. Don't assume EDD will catch their own errors.
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Gianni Serpent
kinda random but can you even get CalFresh while waiting for unemployment to come through? like during the pending adjudication period with no income at all
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Malia Ponder
CalFresh eligibility is based on income and household size and is administered by your county, not EDD. Someone with no current income can apply regardless of whether their unemployment claim is pending — once approved, the unemployment benefits would count as income for CalFresh purposes. Apply at BenefitsCal or call 1-877-847-3663. The county figures out your eligibility, not EDD.
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Gianni Serpent
oh okay so you don't have to wait for unemployment to clear before applying for food assistance, good to know
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James Johnson
also 2-1-1 is worth calling if you need help finding other local resources during a gap like this
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Kyle Wallace
Taxes on these benefits — if the claim gets approved, unemployment income is federally taxable. You can choose to have 10 percent withheld each time you certify so there's no surprise at year-end. California doesn't tax unemployment benefits at the state level, so you'd only be dealing with federal. Worth setting that withholding from the start rather than getting a bill in April.
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Holly Lascelles
AuthorFederal taxable, California exempt — that's the cleaner version of what my accountant kind of gestured at. And the 10 percent withholding option is built right into the certification process?
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Kyle Wallace
You choose it during each certification, yes. EDD also sends a Form 1099G each January for the federal side, and it's available in UI Online under Payments too.
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Ryder Ross
For someone who was paying themselves a corporate salary, the tax picture at least simplifies a bit when you're on benefits — no self-employment taxes, just the regular income tax piece on the federal side.
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Olivia Kay
Something that tripped up my cousin — wait, actually I went through something adjacent myself. After my own company downsized and I filed, I found out someone had filed a fraudulent EDD claim under my name before I even applied. Had to report it through Ask EDD before I could get my own claim sorted. If anything looks off when you log into myEDD — a claim already open that you didn't file — report it immediately through Ask EDD or at 1-866-401-2849. Don't try to verify identity for a claim you never filed.
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Holly Lascelles
AuthorThat sounds like a nightmare on top of an already stressful situation. Good warning — I'll check my myEDD account carefully before submitting anything.
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Olivia Kay
Worth doing a clean check first, yes. If everything looks blank and no prior claim is open, you're fine to proceed normally.
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Lucas Kowalski
Couple of people upthread mentioned the phone interview like it's just a formality — it really isn't for shareholder-employee situations. The interviewer goes through specific questions about your role, decision-making authority, whether you could have kept paying yourself, whether you actively looked for new clients. Answer directly and factually. If you don't know something, say so. The interviewer is building a record, and your answers become part of what EDD uses to decide.
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Holly Lascelles
AuthorTreating it as a formal proceeding rather than a casual conversation — that's the right mindset. I'll prepare notes with dates, revenue figures, and the client timeline so I'm not fumbling.
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Lucas Kowalski
Notes are fine to have nearby. What matters is that your account is consistent and factually grounded. The control question is what EDD is really probing.
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Joshua Hellan
And remember the interview is at the exact time shown on the DE 4800 — the interviewer phones at that scheduled time, so have your notes and documents within reach beforehand.
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Olivia Martinez
My S corp had two shareholders, me and a silent investor who had no day-to-day role. Does the multi-shareholder piece change anything for EDD, or is it really just about whether the person filing was controlling their own employment?
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Malia Ponder
EDD's focus is on the individual claimant's relationship to the employment — specifically whether you as the person filing had substantial control over your own wages, hours and job continuation. A silent investor who had no operational role doesn't necessarily change that analysis. But EDD decides those fact-specific questions through the adjudication process, not through general rules. File and let them work through your specific situation.
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Olivia Martinez
Okay that makes sense — the question is about my individual control, not the ownership structure as a whole. I'll document that the investor was hands-off operationally.
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Henry Delgado
Reached EDD again last month when my adjudication went into week four with no update — the wage record on my account was showing but the status was just sitting at pending with no explanation in Claim History. Used claimyr.com again and got through to an agent who confirmed the interview notes had been received and that a determination was being processed. I filed a message through Ask EDD as a backup but the phone call is what actually got me the status update.
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Emma Bianchi
Good to know that works for status checks too, not just initial filing questions. Week four of pending with no news would stress me out completely.
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Holly Lascelles
AuthorThat's a useful data point — having a way to actually reach someone when adjudication goes quiet is worth knowing about.
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Ryder Ross
For anyone worried about the CalJOBS timeline — the 21-day window to register and post a resume runs from the date on the DE 8405 notice EDD mails. Don't wait for your claim to get out of adjudication before dealing with that. The notice might arrive while everything is still pending, and missing that 21-day deadline can stop payments even if you eventually get approved. Register at caljobs.ca.gov as soon as you get the notice.
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James Johnson
didn't realize the CalJOBS clock starts from the notice date not from when benefits start paying, that's an easy one to miss
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Ryder Ross
Exactly — treat it as an independent requirement that runs on its own timeline alongside the adjudication. Knock it out the day the DE 8405 arrives.
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Emily Nguyen-Smith
Also make sure the resume you post is actually complete and searchable, not just a skeleton. I don't know if EDD checks the content but it's worth doing it right.
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Charlie Yang
Nobody told me when I first filed that you can reopen an existing claim if you find work and then lose that job before the benefit year ends. If you get approved, land contract work or a part-time role, and then that ends — you reopen the existing claim through myEDD rather than starting over. That was news to me and saved a lot of paperwork stress.
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Holly Lascelles
AuthorThat's a good thing to file away for later. If I do get approved and pick up some consulting work in the meantime, knowing there's a path back is reassuring.
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Charlie Yang
Right, and during any weeks you're doing part-time work, report those wages on your certification for the week they were earned. The first $25 or 25 percent of weekly gross wages, whichever is larger, isn't counted against your benefit that week.
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Jibriel Kohn
the partial benefit calculation is worth understanding before you take any consulting or freelance work during a claim — it's not dollar for dollar reduction, there's that earnings buffer built in
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Grace Patel
Coming at this from the employer side — my business partner is winding down our S corp right now and asked me whether the quarterly UI tax payments we made actually protect him as an employee when he files. The answer I got from our payroll company is yes, the wage record exists, but EDD still runs its own eligibility determination separately from the tax record. The taxes being paid just means the wages are there to base a claim on — they don't guarantee approval.
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Joshua Hellan
That's the right framing. The UI tax payments establish the wage base for calculating potential benefits. Whether the shareholder-employee actually qualifies is a separate question EDD answers through adjudication.
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Grace Patel
Makes sense. The taxes being paid is a necessary condition, not a sufficient one. Your partner should still file and go through the process rather than assuming either way.
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ApolloJackson
Went through California EDD adjudication as a shareholder-employee last year and the determination came out in my favor. What I think helped most was that I hadn't reduced my own salary in the period leading up to dissolution — my W-2 wages were consistent right up to the final payroll. EDD seemed to focus on whether I had been artificially managing my employment to position myself for benefits. Consistent salary history told a clean story.
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Holly Lascelles
AuthorConsistent salary history — that's something I do have. No self-dealing or last-minute compensation changes. I paid myself the same amount every quarter for years.
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ApolloJackson
That consistency is genuinely meaningful evidence. It shows the employment relationship was real and operating normally up until the business closed for external reasons.
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Lucas Kowalski
Also, having the CASDI deductions taken from every paycheck throughout reinforces that the W-2 employment was legitimate and not just a tax structure on paper.
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Gianni Serpent
random question but if EDD denies the claim and you appeal, do you keep certifying during the appeal? or is there no point since nothing is getting paid anyway
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Malia Ponder
Keep certifying through the entire appeal process without stopping. EDD can only issue payment for weeks that were actually certified — if you stop certifying because nothing is paying, you permanently lose those weeks even if you win the appeal. The Appeal Form is DE 1000M, filed within 30 days of the mailing date on the Notice of Determination.
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Gianni Serpent
oh wow okay so you could win the appeal and still get nothing if you stopped certifying during it, that's a rough catch
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Mia Green
Learned that the hard way before someone corrected me. Certify every single two-week period no matter what is showing in your account. The pending or denied status doesn't stop your obligation to certify if you're still within your benefit year.
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