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Mei Zhang

Does 1099 affect unemployment? Trying to figure out California EDD rules

Okay so I've been doing freelance graphic design work for the past couple years, all 1099 income, no W-2 employer. My main client basically stopped sending me projects starting in October and I haven't had steady work since. I'm trying to figure out if I even qualify for California EDD unemployment or if the 1099 situation automatically disqualifies me. I've heard conflicting things from people - some say you can collect, some say 1099 workers can't get regular UI at all. I checked edd.ca.gov but honestly the language is confusing. My situation is I had one main client that accounted for about 80% of my income and they just... stopped. Does anyone know how 1099 income affects a California EDD unemployment claim or whether I'm even eligible?

1099 income and California EDD eligibility is a genuinely complicated area. The core thing to understand is that regular UI through California EDD is based on wages reported to EDD by employers who pay into the UI tax system. When you're classified as an independent contractor and paid on a 1099, your client isn't paying UI taxes on your behalf, which means those earnings typically don't count as covered wages for a regular UI claim. So unfortunately, if all your income was 1099 contract work and no employer was paying UI taxes on those wages, you likely won't have a valid California EDD claim based on that income alone. The key is whether you have any W-2 wages from the last 18 months mixed in. Even a part-time job or any employment where taxes were withheld could change things. I'd check the Unemployment Benefit Calculator on EDD's site to see what base period wages you can actually count.

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Mei Zhang

Author

That's what I was afraid of. I did have a part time retail job back in early 2025 for about 4 months before I went full freelance. Would those W-2 wages from that job count even though it was over a year ago?

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Those wages from early 2025 could absolutely fall within your base period depending on exactly when you're filing. The standard base period covers the first four of the last five completed calendar quarters before your claim starts. So file sooner rather than later if those wages are still inside that window.

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the calculator on EDD's site is actually pretty helpful for this, plug in what you made each quarter and it'll give you an estimate

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Fourteen months of 1099-only work before things dried up, and I had the exact same question when my contract ended last spring. Used Claimyr (claimyr.com) to get through to an EDD agent because I could not get anyone on the phone after trying for days. The agent pulled up my wage records and told me the 1099 contract income wasn't showing up as covered wages at all, but I'd had a W-2 job through most of late 2024, and those wages were enough to make my claim valid. She confirmed my weekly benefit amount would be based on that highest quarter and explained that my claim year had already started from the Sunday I applied. There's a Claimyr video specifically about reaching a live person at EDD if you need it: https://youtu.be/JmuwXR7HA10. The agent also said to go ahead and certify for the weeks since I applied even while the claim was processing.

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Mei Zhang

Author

Wait so the agent was actually able to look at your wage history right there on the call? That's really helpful to know. I genuinely have no idea how much W-2 income I had in those 4 months but I'm guessing it's around $6,000 total for that stretch.

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She pulled it up pretty quickly once she verified who I was. And $6,000 in one quarter could actually be enough depending on how it breaks down - EDD needs at least $1,300 in your highest quarter for a valid claim, but the weekly amount goes higher the more you earned.

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glad someone finally got actual info from an agent. the hold times when you try calling directly are brutal

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Something people mix up constantly - 1099 income isn't automatically "self employment" in EDD's eyes, technically the question is whether UI taxes were paid on those wages. Some workers get 1099s but their client was actually supposed to classify them as employees under California law (AB5 and all that). If you think you were misclassified, that's a whole separate thing you could raise with EDD, though it complicates the claim significantly. Not saying that's your situation, just flagging it because a lot of freelancers don't realize it's even a possibility.

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Mei Zhang

Author

I hadn't even thought about the misclassification angle. My main client did give me very specific direction on projects, deadlines, used me exclusively for certain work. Is that something I would bring up when I apply or after?

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Honestly that's something worth asking EDD directly because misclassification claims have their own process. When you apply, just report your income and work history as it actually was. The misclassification question would be separate. An employment attorney could also give you a free consult on whether it's worth pursuing.

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AB5 cases are real but they take forever and don't guarantee anything. if you have any W-2 wages at all just focus on those for the EDD claim first

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FOUR TIMES I tried calling EDD to ask this same exact question and got hung up on or just endless hold music. Eventually sent a message through Ask EDD and got a generic response two weeks later that didn't answer anything. The 1099 situation for freelancers is so poorly explained on their website it's almost like they don't want you to know. What I found out eventually is that it basically comes down to whether anyone reported wages to EDD on your behalf. 1099 means they didn't. W-2 means they did. That's the whole thing.

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Mei Zhang

Author

Ugh, the generic Ask EDD responses are so frustrating. So if I have zero W-2 wages in the base period it's just a no?

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Pretty much, for regular UI yeah. There used to be pandemic programs that covered contract workers but those ended years ago. Regular California EDD UI requires covered wages from an employer in the system.

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the ask edd responses are absolutely useless I agree, got the same copy paste thing when I had a question about my claim last year

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Just ran through the base period math for my own situation recently so I can help clarify this. Right now in late 2026, if you file a claim, your standard base period would be April 2025 through March 2026 (the first four of the last five completed quarters). If your retail W-2 job was in early 2025 like January through April, some of those wages might be in Q1 2025 which could fall right at the edge of the base period. The alternate base period (last four completed quarters) only kicks in automatically if the standard one doesn't give you a valid claim, so EDD handles that piece on their own if needed.

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Mei Zhang

Author

Okay this is actually super helpful. My retail job was January through early May 2025, so Q1 2025 wages are definitely there and probably Q2 2025 wages too from May. That could work right?

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That Q1 and Q2 2025 earnings would likely fall in your standard base period if you're filing now, yes. Apply and let EDD calculate it officially with the DE 429Z they mail you. That document shows your actual weekly benefit amount once they process things.

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wait the alternate base period thing is automatic? I thought you had to ask for it separately, I definitely asked for mine manually when I filed last year lol

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Nope, EDD runs it automatically if the standard base period doesn't produce a valid claim. You don't need to request it. If you asked separately it probably didn't hurt anything but it's not required.

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My cousin told me that 1099 workers can just claim they were employees and EDD won't check. Please do not do this. EDD does verify wage records against what employers reported. Giving false information to get benefits is fraud and comes with a 30 percent penalty on top of having to repay everything, plus potential false statement disqualification and it can be a felony. Just report things honestly and let EDD sort out what qualifies.

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Mei Zhang

Author

Oh I would never do that. I want to report everything accurately, I just want to understand what actually counts before I apply.

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Totally fair, applying and being honest is always the right move. EDD figures out the wage calculation - you just need to give them your accurate work history and let them run the numbers.

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yeah the fraud penalties are no joke, seen people on this forum post about getting overpayment notices for way less than actually misreporting wages

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Does 1099 affect unemployment eligibility is probably one of the most searched California EDD questions and the answer honestly keeps tripping people up because it feels backwards. You'd think earning money means you built up some credit toward benefits, but it's specifically about whether UI taxes were paid into the system on your earnings. No UI taxes paid in means no covered wages, means no regular UI benefit based on that income. The system wasn't built with the gig economy in mind.

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Mei Zhang

Author

It really does feel backwards. I was earning good money for two years and contributing to the economy and now when I actually need help there's nothing there because of how I was classified.

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Frustrating doesn't cover it. The retail job wages might be your lifeline here though so definitely apply and see what EDD calculates.

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this is exactly why the whole gig worker classification thing matters so much, workers lose out on benefits they don't even realize they're not building up

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Applying was way less confusing than I expected once I actually did it. Through myEDD at https://myedd.edd.ca.gov/ you just enter your employers and wages for the past 18 months. For your situation I'd put in the retail job with the W-2 wages and then list your freelance clients separately since EDD asks about all work in the last 18 months. EDD sorts out what's covered. The application itself only takes like 20-30 minutes if you have your info ready. Have your Social Security number, any employer addresses, your dates of work, and roughly what you earned each quarter.

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Mei Zhang

Author

Good to know it's not too complicated to actually fill out. Do I list the freelance clients as employers even though they paid me on 1099?

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Yes list everyone you worked for, EDD asks about all work. Just note the relationship accurately. EDD figures out from there what qualifies as covered wages.

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the online application is definitely the fastest way, I tried calling to do mine over the phone and it took way longer

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My EDD claim got super delayed because I didn't register in CalJOBS right away after applying. The notice I got (DE 8405 I think, or maybe the other one about CalJOBS) said I had 21 days to register and post a resume on caljobs.ca.gov or payments could be held up. Worth knowing about before you get deep into the process - even if your claim gets approved, missing that CalJOBS step can stop things cold.

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Mei Zhang

Author

Oh wow I didn't even know CalJOBS was a thing. Is that required for everyone or just some people?

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EDD tells you whether you need to on your notice. Most claimants do have to register. You'll get a DE 8405 that makes it clear if you're required. 21 days from that notice date is the window.

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EDD does tell you in writing if you don't need to do the CalJOBS registration, so if you get the DE 8405 that says you do, take it seriously and don't wait on it

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Spent three weeks thinking my claim was just processing normally only to find out there was a phone interview scheduled that I completely missed because I hadn't checked UI Online in a few days. The DE 4800 notice with the interview date was sitting in my mail and the date had already passed. Had to phone EDD that same day to explain I'd missed it. Don't make my mistake - once you apply, check UI Online and your physical mail every single day.

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Mei Zhang

Author

That sounds really stressful. So the phone interview is for people who quit or got fired, right? Since I'm technically a freelancer whose work dried up would I even have one?

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The interview happens when there's any question about your eligibility. If the nature of your work and how it ended is unusual or unclear to EDD, they might schedule one to understand the situation better. Just watch for that DE 4800 in the mail.

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And if you do get a DE 4800, the interview time is also on your UI Online homepage so you can see it without waiting for mail. The interviewer phones at that time so keep your phone nearby.

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The question of does 1099 affect unemployment keeps coming up because there's a persistent myth that taxes automatically get withheld from 1099 payments. They don't - 1099 means the client paid you the full amount and you handle your own taxes. So no CASDI deduction, no UI tax paid by the client, no covered wages built up. The CASDI deduction that funds disability and paid family leave also isn't there, which matters if you ever need SDI or PFL down the road.

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Mei Zhang

Author

I did always notice no deductions on my 1099 payments and I just handled my own quarterly taxes. Didn't realize it also meant I had zero disability coverage built up either. That's a pretty significant gap.

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Huge gap honestly. A lot of freelancers don't realize it until they need one of those programs. It's one of the trade-offs of the 1099 structure.

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yeah I learned this the hard way when I tried to file for disability and had nothing because all my income was contract work for two years

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Unemployment for 1099 workers really depends entirely on the wage history situation. I had a mix of W-2 and 1099 income and when I filed my California EDD claim, only the W-2 quarters showed up in my benefit calculation. The 1099 quarters were invisible to the system. My weekly benefit amount ended up being lower than I expected because a lot of my higher-earning periods were 1099. Something to mentally prepare for.

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Mei Zhang

Author

So even if EDD approves a claim based on W-2 wages, the weekly amount would only reflect those W-2 quarters and not the 1099 income at all?

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Exactly. The DE 429Z they mail you shows the weekly benefit amount and it's based only on the covered wages in your base period. My 1099 months just didn't factor in.

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Same experience here - the agent I spoke with confirmed my weekly amount came only from the W-2 quarters, the contract earnings weren't in the wage records EDD had at all

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Look at this from EDD's side for a second: they can only pay out benefits from money employers paid into the UI system. If no employer paid UI taxes on your earnings, there's no fund tied to your work to draw from. It's not that EDD is being harsh about 1099 work, it's literally that the money isn't there. The retail job wages matter because that employer was paying into the system the whole time you worked there.

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Makes sense when you put it that way but it still feels like the system was designed for a workforce that doesn't really exist the same way anymore

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Completely agree. The structure hasn't kept up with how many people work now. Doesn't change the rules but it's a valid frustration.

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Fourteen months of freelance with one main client and that client stopping work - that specific situation could potentially be worth looking into the AB5 angle the person above raised. California's worker classification rules are strict. If that client was directing your work closely, you worked exclusively for them in certain areas, and they were your primary income, there's at least a conversation to have with EDD or a labor attorney about whether you should have been classified as an employee. Not a guarantee of anything but it's real.

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Mei Zhang

Author

I keep coming back to that AB5 point. The client did control a lot - approved every design direction, required me to use their templates, had me on weekly check-in calls. That sounds more like employment than contracting honestly.

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Those details do sound more like employee direction than independent contracting. Worth at minimum getting a free consult from an employment attorney before you just accept the answer that your 1099 work doesn't count for UI.

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even if the misclassification argument has merit it could take a long time to resolve, file for UI based on whatever W-2 wages you do have while you explore the other option in parallel

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The CalJOBS registration thing someone mentioned above - there's another piece to this. After you're approved and certifying, you're required to be actively looking for work each week you claim benefits. EDD doesn't publish a specific number of contacts you need to make, but keeping your own notes on where you applied and when is just smart in case there's ever any question about your work search.

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Mei Zhang

Author

Makes sense. I'd probably be applying for design jobs regularly anyway so that part feels manageable. Does freelance work-finding count as a work search activity?

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Honestly that's one I'd ask EDD about directly since the work search rules can depend on your situation. Better to have it confirmed than guess.

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the work search requirement is real but EDD doesn't specify exactly what counts in a written rule you can look up - asking EDD through Ask EDD or the live chat in UI Online is the best move for your specific situation

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Fees from two clients plus a retail W-2 job is basically my exact situation and I filed a California EDD claim back in September. The W-2 wages were enough to make my claim valid. Right now I'm on week six of certifying through UI Online. What nobody told me upfront is that the first certification usually covers the waiting week (unpaid) and one actual paid week, so the first payment is smaller than the ones after. Don't panic when that first deposit looks low.

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Mei Zhang

Author

Oh that's really good to know about the waiting week. I would have definitely panicked seeing a smaller first payment without that context.

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Every claim has that one unpaid waiting week at the start. It doesn't come off the total amount your claim can pay, it's just the first week is always unpaid. After that the full weekly amount comes through.

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certifying through UI Online is so much faster than mailing the form or using Tele-Cert, definitely do it online if you can

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Had a pretty similar question when my contract dried up last year and I ended up on the phone with an EDD agent after using Claimyr to get through. The agent looked at my claim and told me I had a pending issue on three weeks from October because the wage report I'd submitted through UI Online showed income those weeks. She walked me through what the deduction calculation would look like for weeks where I still had some part-time freelance coming in - basically the first $25 or 25 percent of weekly gross earnings whichever is bigger doesn't get counted, and the rest reduces my weekly benefit amount. I hadn't understood how the partial week earnings worked at all before that call.

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Mei Zhang

Author

Wait so if I do get approved and I pick up any small freelance jobs while collecting, I report those earnings but I don't automatically lose all my benefits for that week?

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Right, it's not all or nothing for part time work. You report what you earned for the week it was earned (not when you got paid), EDD runs the calculation, and if you're not working full time you usually still get something. Full time work cuts off that week's benefit entirely though.

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reporting all earnings honestly while certifying is crucial - the formula the person above described is exactly right, and EDD cross-checks what you report

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For what it's worth I went through a version of this question last year where most of my income was 1099 consulting but I had a brief W-2 stint. Filed the California EDD claim, got the DE 429Z in the mail about two weeks later showing my weekly benefit amount based on the W-2 quarters. The number was lower than my actual income during my consulting period but it was something. Used Claimyr to reach EDD when I had a question about why one of my certified weeks was showing pending in Claim History, and the agent told me there was a wages issue for that specific week that had been flagged - turned out I'd reported my earnings in the wrong week (I went by when I got paid instead of when I did the work). Got it corrected through UI Online's Report Wages section and the week cleared.

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Mei Zhang

Author

Okay the reporting timing thing is something I would definitely have gotten wrong - I would have reported when the invoice got paid not when I did the work. Good heads up.

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Super easy mistake to make. The rule is the week you performed the work is when you report it, regardless of when you actually see the money. If you've already certified and reported it wrong, you contact EDD through your UI Online account to correct it - you can't fix a past week through the Report Wages tool.

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made this exact mistake once and it caused a pending week for like three weeks, definitely report by when the work happened not the payment date

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Just want to circle back on something from earlier in this thread that could save someone a headache. The person who said the alternate base period needs to be manually requested - that was incorrect. EDD automatically uses the alternate base period (the four most recently completed quarters) if your standard base period wages don't add up to a valid claim. You don't need to ask, EDD does it on their own. The only time you'd need to bring it up is if you think they forgot to, which you'd appeal on the DE 429Z if the award didn't reflect it.

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Okay so when I filed last year and asked the rep about the alternate base period, they just said yes we're using it - they had already switched to it automatically without me even requesting it, that tracks now

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Exactly, they'd already made that determination. Your asking didn't trigger it, they'd done it when they saw your standard base period wasn't going to work.

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good to have that clarified, I had also heard you needed to request it and was planning to tell anyone who asked to do that

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The bigger picture question beyond does 1099 affect unemployment is what to do if your California EDD claim comes back denied because you don't have enough covered wages. If the W-2 wages turn out to be too low or outside the base period, you have options. The Notice of Determination (DE 1080CZ) comes with an Appeal Form (DE 1000M) and you have 30 calendar days from the mailing date to file the appeal. A lot of people don't realize the appeal is a real hearing before an administrative law judge where you can present your side. Worth doing if you have any argument that your wages should count differently or that your work situation was different than EDD classified it.

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Mei Zhang

Author

If I get denied I'll definitely appeal. The misclassification angle alone seems worth raising at a hearing if that's an option.

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A hearing is exactly the right venue for the misclassification argument. You'd present the specifics of how the work relationship actually functioned and the judge weighs it. Keep records of anything that shows how the client directed your work.

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and while your appeal is going keep certifying - EDD can only pay back weeks you actually certified for, so don't stop just because there's a pending appeal

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