Can uber drivers get unemployment in California? EDD gig worker question

No W-2 work at all during that stretch. I had a regular job before Uber but that was more than 18 months ago at this point, so I don't think it falls in the base period.

That's the problem for most gig workers in California - the base period looks back at reported wages and if the only thing in there is 1099 income from Uber, EDD basically sees nothing to calculate a benefit from. It's a rough situation.

So does that mean the claim just gets denied outright or do they even do an interview first?

That's what I was afraid of. I did have one part-time retail job like two years ago but I think that quarter might be just outside the standard base period window.

The alternate base period might help in some situations but only when the standard one doesn't give you a valid claim - EDD switches to it automatically if needed, it's the most recent four completed quarters. Worth knowing your timeline exactly before giving up.

Right, and the threshold to even have a valid claim is at least $1,300 in a single quarter, so if that retail job had decent wages in the right quarter it could matter.

$95 is better than zero honestly. Did EDD ever ask about the delivery app income during your interview or was it just about the warehouse wages?

The phone interview focused on the warehouse job - why I was no longer working those shifts, availability, all of that. The delivery app stuff didn't really come up because my claim was based on the W-2 wages only.

How long did it take to actually get through to someone at EDD? I've been calling 1-800-300-5616 for three days and keep hitting the high call volume message.

The service handled the hold time so I didn't have to sit there redial after redial - I just ended up talking to an agent. The agent was actually pretty helpful once I got there.

Wait the appeal window starts from when though? Like when you get the letter or when EDD makes the decision?

It's 30 calendar days from the mailing date printed on the Notice of Determination - that date is right on the letter, not when you receive it, so don't sit on it.

If I do get a denial I'd want to appeal, but I'm not sure what I'd even argue if the problem is literally no wages on record.

That's actually really encouraging to hear. My retail job paid around $14 an hour and I worked 30-ish hours a week there for about seven months - wondering if that could be enough.

Seven months at 30 hours is probably around $12,000-$15,000 total depending on how it breaks across quarters. Run it through the Unemployment Benefit Calculator on EDD's site to get an estimate before you get the DE 429Z.

Yeah the calculator on edd.ca.gov is actually pretty accurate in my experience. It showed me within $10 of what my actual weekly amount came out to.

For a standard unemployment claim the reason matters a lot when you're a W-2 employee - EDD basically asks whether you quit, got fired for misconduct, or were laid off. But for a contractor whose wages aren't even in the base period, the reason for deactivation might be secondary to the bigger issue of whether a valid claim can even be established.

So the contractor classification problem comes before the deactivation reason question even gets asked, got it.

Technically yes, but EDD still might ask about the circumstances during the phone interview - they're doing a full picture of your work situation.

The quick version: gig workers with W-2 jobs on the side can collect on those wages. Pure independent contractors with zero payroll wages in the base period can't form a valid claim. It's not that gig workers are categorically excluded, it's that the income source has to show up in the system.

That makes way more sense than the blanket 'you can't get it' answer I kept hearing.

For purposes of filing a claim with EDD right now, the classification that matters is what shows up in the wage records. If Uber is reporting you as a contractor and not submitting UI taxes on your behalf, the base period wages just won't be there regardless of the ongoing legal debates.

Agreed - the legal fight is a separate track from the practical question of whether your specific claim will be valid.

I wish the legal stuff had gone differently, but yeah I need to deal with what the situation actually is right now.

An appeal in that situation would be challenging because the denial isn't based on a judgment call EDD made about your circumstances - it's based on the mathematical fact of what's in the wage records. Unless you have wages that weren't captured, an appeal wouldn't change the outcome.

That's what I figured but it's hard to accept. 30 days from the mailing date so I'm watching the calendar.

If you do appeal, you'd use the DE 1000M form or just write a letter and mail it to the address on the notice. Even if the odds aren't great it doesn't hurt to try if you have any argument to make.

EDD schedules it when there's something to look into - someone who quit, got fired, or has an open eligibility question. The notice they send is called a DE 4800 and it lists the date, the time, and what topics they're likely to ask about. The interviewer phones at that time so you need to keep your phone nearby. It's just a conversation, not an interrogation.

So I don't go anywhere, I just wait at home for the call at the scheduled time?

Exactly. The time is also shown on your UI Online homepage so you can double-check it there. If you need to change the time, contact EDD at least a day before.

Has anyone had their interview be specifically about the contractor versus employee classification question? Wondering what those questions sound like.

No downside to filing - worst case you get a denial notice and you can either appeal or move on. The claim doesn't negatively affect you. The main cost is just the time to fill out the application.

Okay good, I was worried it would mess up future claims or something.

Doesn't affect future claims either. Each claim year is its own thing based on whatever wages are in the base period at that time.

Exactly right - the alternate base period is a fallback for validity only, not a tool for getting a higher weekly amount. If your standard base period already makes a valid claim, EDD uses that and the alternate doesn't come into play.

Wish I'd known that before I spent two weeks convinced I was going to get a higher payment once EDD 'recalculated.' The DE 429Z showed exactly what I expected from the standard base period.

The Unemployment Benefit Calculator on EDD's site helped me understand why my number was what it was before I even got the DE 429Z. It made the amount less surprising.

The live chat through the Help button in UI Online runs Monday to Friday, 9 a.m. to 2 p.m. - you have to already be logged into your account to access it. It's hit or miss on wait times but sometimes faster than the phone line.

I keep forgetting the hours are way shorter than the phone line. 9 to 2 is not a lot of window for people with other obligations.

Tried live chat twice this week - both times it said no agents available. Phone at 1-800-300-5616 is the same story. Genuinely don't know how people get answers.

Good to know - I hadn't even thought about that step yet. Is the CalJOBS site separate from UI Online?

Completely separate. UI Online is at myEDD at https://myedd.edd.ca.gov/ and CalJOBS is at caljobs.ca.gov. You'll need to create an account on CalJOBS and get your resume posted there within that 21-day window.

I didn't do the CalJOBS thing in time last year and my payments did stop - had to call EDD to get it sorted out. Do not skip this step.

Every week you certify, you need to be able to work, available for work, and looking for work - that's the core requirement. EDD's rules don't specify that the jobs you apply to have to be traditional W-2 positions, but you do need to be genuinely pursuing work. Keeping track of where you've applied is a smart habit.

Okay so actively applying to anything counts, makes sense.

The key is you have to actually be available and looking - if EDD asked you'd want to be able to describe your search activities for any given week.

Unemployment benefits are taxable at the federal level but not for California state income tax. EDD gives you the option to have 10 percent withheld for federal taxes each time you certify, which a lot of people choose to avoid a surprise at tax time. EDD mails a Form 1099G in January, and it's also in UI Online under Payments.

The option to withhold as you go is good to know, I'd rather not deal with a big bill in April.

I did the 10 percent withholding and it worked out pretty well - basically zeroed out what I owed on the benefits when I filed.

Every claim has a one-week unpaid waiting period that you serve on your first eligible week. The first time you certify it usually covers that waiting week plus one paid week, so you'll see one week paid and one week at zero in your Claim History. It doesn't change how much your claim can pay total, it's just a one-time thing at the start.

Okay so it's not like you lose a week of benefits permanently, it's just delayed. That makes more sense.

I did not know there was a waiting week at all, glad someone asked this.

ID.me showing complete on your end but not on EDD's end is a nightmare I've heard about multiple times. How did you even know that was the issue?

Completely blind until I talked to the agent - nothing in UI Online told me anything was wrong with the identity verification, it just showed Pending on every week with no explanation.

Glad you got it sorted. I'm going to try that approach for my pending weeks situation - been staring at Pending for 10 days now with no clue what's holding it up.

Both certify the same claim - Tele-Cert at 1-866-333-4606 (option 2) and UI Online get the same information to EDD. UI Online tends to process fastest but both are valid options. No rule says Tele-Cert is only for people without internet access, it's just a choice.

Good to know the processing difference exists - I'll stick to UI Online then.

Tele-Cert saved me once when UI Online was having a glitch. Good to have as a backup.

This is basically my situation summarized. I'm going to call EDD before I make any assumptions about whether my old retail job wages are findable. Fingers crossed.

Really helpful summary for people in gig work situations - this thread answered questions I didn't even know I had.

And use the Unemployment Benefit Calculator on EDD's site first to get an estimate if you know roughly what you earned by quarter - saves a lot of uncertainty.

That's actually really useful - I was assuming any work at all would stop the benefits entirely.

A lot of people assume that and it keeps them from working part-time when they don't have to. Full-time work does end eligibility for that specific week, but part-time is fine as long as you report it accurately.

The report when earned, not when paid rule is the one I always forget. Good reminder.

Genuinely didn't know any of this. The EDD system is more flexible than people think for part-time work situations.

The DE 429Z that EDD mails shows your weekly benefit amount and how it was calculated. If something looks wrong - like a quarter of wages is missing or the numbers don't match what you actually earned - you can appeal in writing within 30 days of the mailing date on that notice. The Appeal Form DE 1000M works or just a letter mailed to the address on the notice.

So the 30-day window applies to the award notice too, not just denials. I didn't realize that.

The 30-day clock runs on most EDD notices. When a document comes in the mail from EDD it's worth reading the date on it immediately and noting the deadline, whatever the notice is about.

EDD switched to Money Network a while back - no more Bank of America. If you want direct deposit instead of the card you can change it in myEDD. Payment information updates daily in UI Online and also on 1-866-333-4606 which is available 24 hours a day if you just want to check a balance.

Didn't know about the 24-hour phone line for payment info, that's actually way easier than logging in every time.

The 24-hour line is underrated. Quick press of option 2 and you can check your balance or payment status without needing to open UI Online.

Really appreciate hearing a full timeline like that. Six weeks from filing to payments is about what I was expecting, good to have it confirmed.

The only hiccup was the CalJOBS registration - almost missed the 21-day window because I didn't notice the DE 8405 in my mail pile. Set a reminder as soon as that notice arrives.

The DE 8405 is easy to overlook because it doesn't look urgent from the outside. Good call flagging it.

Keep certifying every two weeks during the appeal - EDD can only pay back weeks if they were certified. The CalJOBS requirement is based on the DE 8405 notice, so if EDD sent that to you the 21-day clock is running regardless of an ongoing appeal. EDD's rules don't pause the CalJOBS requirement while an appeal is pending.

So you have to do both at the same time - keep certifying and stay on top of CalJOBS - even while you're waiting on an appeal decision. That's a lot of plates to keep spinning.

My appeal is pending right now and I've been certifying every two weeks. Good to hear that's the right move.