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Nia Harris

Do EDD penalty weeks end with backpay? Job impacts on serving penalty weeks?

Hi everyone, I'm currently serving penalty weeks with EDD because I didn't report some side gig income last year (totally my fault). I've been certifying regularly for 4 weeks but showing $0 payments due to penalties. I have 3 big questions: 1. After I finish all my penalty weeks (7 total), will EDD automatically start paying me for future weeks? Or do I need to call them? 2. Will I ever receive back payment for these penalty weeks? Or is that money just gone forever? 3. I just got a job interview next week!! If I start working before finishing my penalty weeks, do those remaining penalty weeks just disappear? Or will they haunt me if I need unemployment again in the future? Certifying for nothing is depressing but at least there's a potential job on the horizon. Just trying to understand how this all works. Thanks for any help!

No, you definitely don't get backpay for penalty weeks - that's why they're called PENALTIES. The whole point is you don't get that money. After you serve them, you'll start getting regular payments if you're still eligible and certifying. If you find a job, those penalty weeks stay on your record and you'll have to serve any remaining ones if you file for unemployment again within 3 years. The EDD system is designed to punish people who don't report income properly!

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Oh that's rough... so even if I get a job next week, those remaining penalty weeks could come back to haunt me if I need to claim unemployment again within 3 years? That feels so harsh for a mistake 😔

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Let me clarify how penalty weeks actually work: 1. After you complete all your penalty weeks, EDD will automatically start paying your benefits for future weeks as long as you meet all other eligibility requirements. No need to call unless payments don't start. 2. No, you never receive payment for penalty weeks - these weeks count toward your benefit year but you receive no payment for them. 3. If you find a job before serving all your penalty weeks, any remaining penalty weeks will stay on your record. If you file another unemployment claim within 3 years, you'll need to serve those remaining penalty weeks before receiving any payment on the new claim. Keep certifying regularly, even during penalty weeks, as this maintains your claim and ensures you'll receive payments once penalties are completed.

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Thank you so much for the clear explanation! That makes sense even though it stinks. At least the penalty weeks don't affect my total claim amount, just delay when I can access it. Hoping this job interview goes well so I don't have to worry about it!

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I had 5 penalty weeks last yr...never got that $ back!!!! but after i served them the regular payments started showing up no prob. didnt have 2 call nobody or anything

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Thanks for sharing your experience! That's encouraging to hear the regular payments started automatically after your penalty period. I've been worried I'd need to call EDD to get things moving again (which seems impossible lately).

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I think ur rlly confused about how this works... penalty weeks are literally PENALTIES. You will NEVER get that money. Would be like expecting to get reimbursed for a speeding ticket lol. Once ur done with penalty weeks u start getting regular payments if ur still eligible. And ya if u get a job before finishing them, they stay on ur record. I had this happen 2 years ago - had 2 penalty weeks left when I found work. 8 months later got laid off & had to serve those 2 weeks before getting paid on my new claim. Total BS system but that's how it works.

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The speeding ticket analogy makes it really clear, thanks. Sorry to hear you had to deal with those leftover penalty weeks on your new claim. The system feels pretty unforgiving for mistakes.

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Hey there - I went through exactly this situation in 2023. Had 10 penalty weeks for misreporting wages (didn't understand I had to report gross not net income from my 1099 work). After my penalty weeks were over, payments automatically started - I didn't need to call EDD or do anything special. Just kept certifying every two weeks as normal. And yes, if you get a job before finishing all penalty weeks, the remaining ones will be applied to any future unemployment claim you file within 3 years. I found that out the hard way when I had to file again last December after a seasonal job ended - had to serve my last 2 remaining penalty weeks before getting paid. Hope the job interview goes well! That would definitely solve your immediate financial concerns.

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This is why EDD is such a mess. So many people don't understand the basic reporting requirements and then act surprised when they get penalties. They should make the instructions clearer!

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If ur having trouble reaching EDD to get clarification on your situation, try Claimyr. I was struggling for weeks trying to get thru to ask questions about my penalty weeks (had 4 for a similar reporting issue). Claimyr got me connected to an EDD rep in about 20 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and their website is claimyr.com. Saved me so much frustration!

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Thanks for the suggestion! I might need to try that if my remaining questions aren't answered. I've been trying to call EDD for weeks with no luck - either get the "too many callers" message or wait on hold forever just to get disconnected.

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wait im confused... so penalty weeks mean u get no money for those weeks? I thought it just meant reduced benefits?? how r people supposed to survive?? this system is so complicated!!!

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Penalty weeks and reduced benefits are two different types of penalties: 1. Penalty weeks: You receive $0 for those weeks while still using up weeks from your benefit year 2. False statement penalty: A 30% reduction in your weekly benefit amount for the remainder of your claim Depending on the violation, EDD may apply one or both penalties. You're right that it's complicated and can create real hardship - that's why it's so important to report accurately on certifications.

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good luck on that job interview!!!! crossing my fingers for u

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Thanks so much! Really hoping it works out - would solve all these unemployment headaches!

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Quick note about your question regarding whether you need to call EDD after serving penalty weeks - you definitely don't need to call them. The system automatically starts issuing payments once your penalty period is complete. Just keep certifying as normal every two weeks. I know several people who've gone through penalty weeks (it's more common than you might think), and in every case, the payments began automatically after the penalty period without any intervention required.

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That's really reassuring, thank you! I was worried I'd need to navigate their impossible phone system to get payments started again. I'll just keep certifying and hope for the best (or better yet, get this job).

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I went through penalty weeks about 6 months ago and can confirm what others have said - no backpay for those weeks, but payments do start automatically once you've served them all. The key thing is to keep certifying every two weeks even though you're getting $0. Don't skip certifications thinking "what's the point" because that can mess up your claim. One thing I wish someone had told me: if you do get that job, make sure to report your work status properly when you certify. The last thing you want is MORE penalty weeks down the road! Good luck with the interview - fingers crossed you won't have to worry about the remaining penalty weeks at all.

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