Can your previous employer deny unemployment in California EDD?

That's actually really helpful to know. The thing is I was definitely laid off - they eliminated my whole department. I don't understand what they'd even be disputing. Could they be claiming I was fired for cause instead?

It happens more than you'd think. Some employers try to reclassify layoffs as terminations for misconduct to avoid unemployment insurance rate increases. It's a financial thing for them - when former employees collect UI, it can affect the employer's tax rate. Document everything you have about the layoff - any emails, severance paperwork, WARN Act notices if applicable, anything that says 'position eliminated' or 'restructuring.

same thing happened to me last year my employer tried to say i quit when i was clearly laid off. california edd sided with me after i submitted my layoff paperwork

Wait this is real? I've literally been calling every morning and getting the 'we cannot take your call' message. I'll check out that video. At this point I just need to know what my employer even said.

claimyr worked for me too got connected to edd in like 3 hours after spending days trying on my own

Is this legit though? Sounds kind of too good to be true tbh

I was skeptical too but it's legit. The video at https://youtu.be/JmuwXR7HA10 shows how it works. claimyr.com - I wouldn't have known what was going on with my claim without finally getting through to someone.

Oh that's really good to know about the burden of proof. So they have to prove I did something wrong, I don't have to prove I didn't?

Correct. For a disqualification based on misconduct, California EDD requires the employer to show that you knowingly violated a reasonable company policy. A simple layoff where they eliminated positions doesn't meet that bar at all. Make sure you respond promptly to any questionnaires or interview requests from EDD during adjudication.

this is accurate. i work adjacent to HR and can confirm employers have to provide documentation not just say 'we fired them for cause' - edd actually scrutinizes these claims

5 weeks is so long. Did they backpay all the weeks you were waiting once they approved it?

Yes! That was the one saving grace. Once they approved my claim I got all the back weeks at once. Still had to scramble financially during the wait but at least it wasn't just gone forever. Keep filing your weekly certifications the whole time even while it's pending, because those weeks need to be certified to get paid.

The backpay thing is so important. I almost stopped filing weekly claims when mine was stuck in adjudication thinking there was no point. Glad I didn't because when it was approved I got like 7 weeks at once.

wait you have to keep filing even when its pending?? i stopped filing 2 weeks ago because i thought i had to wait till it was resolved. am i in trouble

omg ok calling right now. thank you

Good luck. If you can't get through by regular calling, look into Claimyr - it helped me get past the phone queue when I had an urgent issue with my claim. claimyr.com or search for the video demo. Useful when you actually need a human quickly.

got through finally!! they said i can certify for the missed weeks through the backdating process. so relieved

I really hope it doesn't come to that but good to know I have options. How long does the appeal process take if it comes to that?

Varies quite a bit. Could be 6-10 weeks from filing to hearing date depending on the backlog at your local CUIAB office. The good news is you can request interim benefits in some circumstances while the appeal is pending, though that can be complicated. An EDD agent can walk you through your options if you can reach one.

Appeals success rates are actually pretty decent for claimants who attend and come prepared. The problem is many people just don't show up or don't bring documentation. If you have a clear layoff case with paperwork, you're in a solid position.

Yes absolutely you can and SHOULD submit your side. California EDD will typically send you a questionnaire or letter asking for your version of the separation circumstances. Fill it out completely and attach supporting documents. Don't wait to be asked twice - submit everything relevant upfront. Emails showing layoff, any separation paperwork, communications from HR about position elimination, etc.

oh ok so theres a questionnaire coming. i havent gotten one yet but my claim only went into adjudication last week

That's interesting - how would I find out when EDD notified my employer exactly?

You'd probably have to call EDD to get that specific info. The dates aren't usually visible in UI Online. Another reason getting through to an agent actually matters for these contested claims.

The deadline is actually a bit more nuanced - late employer responses can still be accepted under certain circumstances but the timeliness definitely factors into how EDD weighs their submission. Early response from you can help establish the record first.

Thank you. It really does help to hear from people who've been through it and came out okay on the other side. I've been catastrophizing pretty hard.

That's completely understandable. The system is stressful even when you're in the right. Just stay organized, respond to everything EDD sends you promptly, and don't ignore any deadlines.

Did she have to wait long for the adjudication decision?

About 3.5 weeks she said. Not fast but not as bad as some people describe. She also mentioned calling edd was impossible but she found some service that helped her get through - i think it was claimyr or something like that? She was able to actually talk to someone and confirm they received her documentation which gave her some peace of mind at least

I keep seeing Claimyr mentioned. Going to try it today because I really just need to talk to someone at EDD and understand what's actually happening with my claim.

This is genuinely the most calming thing anyone has said in this thread. Thank you for the clarification.

This is correct. I panicked when I saw adjudication on mine and assumed the worst. It's a process, not a verdict.

Yeah i confused adjudication with disqualification when mine happened. Thought i was already denied. The terminology is confusing

Did the EDD agent seem helpful once you actually got through? I always worry they'll just rush you off the phone.

This one was actually pretty patient. She walked me through the adjudication timeline, confirmed what documentation to submit, and told me when to expect a decision. Way more useful than I expected honestly.

the agents vary a lot in my experience. some are great some just read you the same stuff thats on the website. but even a mediocre call beats never getting through at all

I'm going to try to get through today and ask specifically what the stated dispute is. That seems like the most logical first step.

Exactly. Knowing the specific claim they're making lets you gather the right counter-documentation. Going in blind is the worst position.

So glad that worked out! That's a relief. The 'keep filing during adjudication' thing is genuinely one of the most important tips in this whole thread.

fr. i almost lost those weeks permanently. the system really doesn't make this obvious enough

This should be pinned somewhere. So many people stop filing thinking there's no point. There is always a point.

Thank you for this summary. Saving this whole thread honestly.

Really well put. The system is frustrating and opaque but workers do have meaningful protections here.

Agreed. The anxiety of not knowing what's happening is often worse than the actual outcome. And getting accurate info by actually reaching an EDD agent can make a huge difference in understanding where you stand.

YES update - I tried Claimyr this morning and got connected to an EDD agent in about 2.5 hours. Turns out my employer checked 'voluntary quit' as the separation reason which is completely wrong since I have layoff paperwork. The agent told me to upload my separation notice, the company's layoff announcement email, and my final paystub to the UI Online document portal and flagged my case for expedited review given the clear documentation. Feeling so much better now that I actually know what I'm dealing with.

That's exactly the kind of thing you can only find out by actually talking to someone. Really glad that worked out - sounds like a strong case once they see that documentation.

Voluntary' quit when you have a layoff notice is one of the most clear-cut disputes to win. Submit that documentation ASAP and you should be in goodshape.