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Kirsuktow DarkBlade

Does my employer actually pay for my California EDD unemployment benefits?

So I've been going back and forth on whether to even file for unemployment after getting laid off last month and my coworker told me something that made me hesitate - she said our employer would have to 'pay out of pocket' for my benefits and that filing would basically hurt the company. I genuinely don't know if that's true and it's been stopping me from filing. Does employer pay for unemployment benefits or is it something the government just covers? I worked at a mid-size logistics company in Sacramento for about 4 years before the layoff. I'm trying to understand if there's any truth to what my coworker said before I decide whether to file or not. Don't want to screw over people who still work there but also obviously need the money.

Your coworker has it partially right but mostly wrong in a way that's probably scaring you unnecessarily. Here's how California unemployment actually works: employers pay into a state fund called the UI Trust Fund through payroll taxes. These taxes are collected by California EDD and go into a pooled fund. When you file for unemployment, your benefits are paid out of that fund - not directly from your employer's bank account. So your former employer isn't cutting a check every time you certify for your weekly claim. What DOES happen is that employers with a higher history of layoffs can see their tax rate go up over time - it's called an 'experience rating.' But that's a long-term adjustment to their tax rate, not an immediate direct payment. Filing is absolutely your right and you've been contributing to this system through your employment there.

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Okay this is really helpful. So they paid into a fund the whole time I was there and that fund is what pays me? That actually makes me feel way better about filing.

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this is correct. the experience rating thing is real but it's spread across all employers not just yours and the rate changes are pretty minor especially for one separated employee

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To add some specifics - in California, employers pay State Unemployment Insurance (SUI) taxes on the first $7,000 of each employee's wages per year. The tax RATE varies depending on the employer's history of claims, ranging from about 1.5% to 6.2% for most employers. New employers start at a standard rate. So your 4 years of employment there means your former employer was paying into this system the entire time you were there. Those payments built up in the California EDD fund specifically to cover situations exactly like yours - legitimate layoffs. You earned this benefit by working there. File your claim.

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Wait so the rate can go up for them if I file? Is that the part my coworker meant?

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Yes but here's the thing - that rate adjustment happens because of ALL claims filed against them, not just yours. If you're one of many laid off employees, the rate effect is distributed. And honestly the adjustment is marginal. This should not factor into your decision at all. You were legitimately laid off.

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also worth noting california edd determines your eligibility not the employer. even if your employer wanted to 'fight' your claim they can only respond to the separation notice edd sends them

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Honestly I went through something similar - I was worried about filing because a manager I liked still worked there and I didn't want it to come back on the company somehow. Finally just called California EDD to ask directly and they basically told me what everyone here is saying. The UI system is specifically designed so workers don't have to worry about this. The taxes employers pay are literally insurance premiums - it's in the name, Unemployment INSURANCE. While I had them on the phone I also asked a few other questions about my claim and honestly just getting through to a live agent made everything clearer. If you're having trouble getting through to EDD to ask questions, I ended up using a service called Claimyr (claimyr.com) to get connected to an actual EDD agent without waiting on hold for hours. They have a video showing how it works at https://youtu.be/JmuwXR7HA10 - totally worth it if you have specific questions about your claim situation.

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Oh I hadn't even thought about calling EDD directly to ask. Does anyone know if they can actually answer questions like this or do they only deal with active claims?

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They can absolutely answer general questions. Once you file a claim you'll have a claim number and can ask about anything related to your specific situation too.

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seconding the Claimyr thing - I used it when my claim was in adjudication and couldn't get through for weeks. connected me to someone who actually fixed the issue same day

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ok so I'm jumping in here bc I literally just went through this 2 months ago. my whole department got laid off and half of us were nervous about filing for the exact same reason - someone told us the company would get 'penalized.' We all eventually filed and every single one of us got approved. the company didn't contact any of us about it, no drama, nothing. just file already lol

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Ha okay this is reassuring. Did you all get approved pretty quickly?

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most of us yeah, a couple had adjudication holds for a week or two but eventually went through. make sure you have your last day of work and reason for separation ready when you file

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i just want to make sure im understanding this right bc i might be in a similar situation soon... so the employer pays taxes that go into a fund, and THAT fund pays unemployment? so the employer has already technically paid into it before anyone even files? like its already been paid?

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Exactly right. Think of it like how car insurance works - you pay premiums into a pool and if you have an accident the insurance fund pays out. The employer has been paying their 'premiums' into the UI fund the whole time. Your claim draws from that pooled fund.

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okay that makes SO much more sense. i was picturing them like writing a check directly to the employee every week which would be crazy

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One thing I want to add that's technically accurate - while the general fund explanation is correct, California does have something called 'reimbursable employers' which are usually government entities and certain nonprofits. These employers actually DO reimburse California EDD dollar-for-dollar for claims rather than paying into the tax fund. So for those types of employers, your claim does more directly affect them. However - if you worked at a logistics company in Sacramento, you almost certainly weren't working for a reimbursable employer. This only applies to a small subset of employers and doesn't change your right to file at all.

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Interesting, didn't know that distinction existed. But you're right it definitely doesn't apply to my situation.

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good clarification. state agencies, counties, certain large nonprofits are the main ones that go the reimbursable route

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SAME SITUATION happened to me!!! A coworker literally told me filing would 'come out of the company's pocket' and I waited THREE MONTHS before filing because of it. Lost thousands of dollars in benefits because of bad information. PLEASE do not make the same mistake I did. File immediately. Your benefits are backdated only to when you file, not when you were laid off. Every day you wait is money you're leaving behind. California EDD is not going to penalize your old employer in any way that should concern you.

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Oh no wait - you can't backdate to your last day of work? I've already been laid off for a month...

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You can request to backdate your claim to your first week of unemployment when you file, but you need to have a valid reason for the delay. A month out is still okay to claim but you'll need to explain the delay. Do it TODAY.

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This is correct - when you file, there's an option to request backdating and you'll explain the circumstances. Being given incorrect information from a coworker should qualify as a valid reason for the delay. File now and explain the situation honestly.

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just to confirm what everyone's saying - i work in HR and can tell you from that side of things, when an employee files for unemployment after a legitimate layoff, we respond to the EDD notice confirming the separation and that's basically it. there's no emergency meeting, no panic about costs, nobody even mentions it usually. the payroll taxes are just part of operating costs and get handled automatically. your former coworkers probably won't even know you filed.

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This perspective is really helpful, thank you. Coming from HR that's reassuring to hear.

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yeah this matches my experience from the employee side too, nothing dramatic happened when we all filed

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Let's also address the job search requirements so you're prepared when you do file. California requires you to conduct work search activities each week you certify for benefits - you need to make at least three employer contacts per week and keep a job search log. The contacts can be applications, interviews, career fairs, etc. You'll certify to this when you submit your biweekly claim through UI Online. Make sure you're actually keeping track of your job search activities because EDD can audit this.

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Oh I didn't realize there were ongoing requirements once you're approved. So I need to be actively applying places?

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Yes - you need to be able and available to work, actively looking, and making at least 3 job search contacts per week. Keep a detailed log with employer names, dates, contact methods, and positions. If EDD audits your claim they'll want to see this documentation.

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does this apply even if you already have a job lined up and are just waiting for a start date?

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to answer the person asking about having a job lined up - if you have a definite return to work date within a few weeks, you may qualify for 'standby status' which waives the active job search requirement. you'd need to request this when you file and explain you have confirmed future employment. california edd grants standby for a limited number of weeks so it doesn't work if your start date is months away

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oh interesting, didn't know standby was a thing. my situation is i got a verbal offer but no official start date yet

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with just a verbal offer and no confirmed start date, you'd probably need to do the regular job search requirements for now. once you have something in writing with a date, you could potentially request standby status.

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For what it's worth, when I had my adjudication issue resolved through that EDD call I mentioned earlier, the agent was also really helpful in answering all my 'dumb questions' about how the system works - like exactly the kind of thing OP is asking. They confirmed that does employer pay for unemployment benefits through taxes not direct payment, and also walked me through exactly what to expect week by week. If you want that kind of detailed walkthrough for your specific situation, getting a live agent on the phone is the best option. Claimyr at claimyr.com really does make that possible without the nightmare hold times - there's a demo at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it.

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I'm definitely going to try filing online first and see how it goes. If I run into issues I'll look into Claimyr.

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that's a good plan - the online filing through UI Online is pretty straightforward for a basic layoff claim. you'll probably be fine without needing to call

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Quick note - when you file make sure you have your employer's EDD tax ID number if possible (it should be on your W-2 from last year), your last day worked, and your reason for separation ready. For a layoff you'll select 'lack of work' as the reason. The whole online application through UI Online takes maybe 30-45 minutes if you have everything ready. California EDD will then send a notice to your former employer asking them to confirm or dispute the separation - for a legitimate layoff this is usually just a formality.

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I don't have a W-2 yet since it's early in the year - is there another way to find the employer tax ID?

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You can use your most recent pay stub which sometimes has the EDD employer account number on it. If not, you can still file and just fill in what you know - the employer name and address at minimum. EDD has ways to locate the employer information in their system.

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something nobody has mentioned - even if your employer DID try to dispute your claim, you have the right to appeal any denial. california edd gives you 30 days from the date of a denial notice to file an appeal. so even in the worst case scenario where your former employer responds and tries to say you were fired for cause or something, you have due process rights. for a legitimate layoff this shouldn't come up but it's good to know you have options

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That's good to know. What counts as 'cause' that would let them dispute it?

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They'd have to claim you were fired for misconduct or that you voluntarily quit. For a layoff due to lack of work, there's really nothing valid they can dispute. They can respond to confirm the separation details but they can't just 'refuse' to pay - it's not their money anyway.

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Correct - the burden of proof for misconduct is on the employer and it has to meet a specific legal standard under California UI code. A company saying 'we don't want to pay' isn't a valid basis for disqualification.

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I got laid off in January and had the same exact concern. My sister works at the company and said the manager was actually relieved when people filed for unemployment because it meant they weren't scrambling to find money to pay severance. The company had already been paying into the UI fund and filing claims is literally what the system is designed for. Everyone I know who filed got approved within 2-3 weeks. Don't overthink it.

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2-3 weeks seems reasonable. I was scared it would take months.

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It can if there's an adjudication issue but for a clean layoff claim it's usually pretty fast. The first week is always a non-payable waiting week in California but after that payments start coming.

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the waiting week thing is important to understand - california has a mandatory one-week waiting period for every new claim. you still have to certify for that first week but you won't get paid for it. your first actual payment will be for the second week of your benefit year. just so you're not confused when you see your first week shows $0

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Oh wow I didn't know that. So I lose one week of benefits automatically?

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yes its built into the system, everyone goes through it. the waiting week is served once per benefit year not once per episode of unemployment

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THIS catches so many people off guard. yes you lose one week, it's frustrating but it's standard california EDD policy

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ok real talk I spent like 6 weeks worrying about the same thing and reading stuff online that made it more confusing. finally just filed and heard back within 10 days. the whole 'employer pays directly' myth is SO common it should be on the EDD website front page. just file. the worst they can say is no and even then you can appeal

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Yeah I think I've been way overthinking this. Going to file tonight.

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good!!! let us know how it goes. UI Online is the way to go, don't try to do it by phone if you can help it

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One more thing I want to mention since OP is worried about the employer - California EDD does notify your former employer when you file, and they have 10 days to respond. For a layoff this is routine. But here's something people don't realize: if your employer DOESN'T respond within that window, EDD generally proceeds with the information you provided. So even if your coworker was somehow right and the company didn't want you to collect (which, to be clear, isn't how it works), their inaction would still result in your claim being processed.

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Interesting - so the process moves forward regardless. That's good to know.

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Right, and for a legitimate layoff the employer response is usually just confirming your last day and that it was lack of work. nothing adversarial about it at all.

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Had to jump in because I almost didn't file for the same reason and now I'm kicking myself. I waited 6 weeks listening to bad advice and only got backdating approved for 2 of those weeks. Do not wait. The longer you wait the harder it is to backdate and the more you have to prove. California EDD takes the backdating requests seriously but you need a legitimate reason and documentation. File now and deal with questions as they come up rather than waiting until you have all the answers.

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I keep getting this same advice from everyone - just file now. I think I needed to hear it multiple times. Thank you.

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We've all been there with the anxiety around it. The system is confusing and poorly explained. But for a straightforward layoff it's really much simpler than it seems.

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And if you do run into anything confusing during the process, remember you can always call EDD to ask - and Claimyr (claimyr.com) makes getting through to a live agent actually manageable. Don't let phone frustrations stop you from resolving anything that comes up.

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just checking back to see if OP filed yet - any update??

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I filed last night! Used UI Online and it took about 40 minutes. I selected 'lack of work' as my separation reason, entered everything I could find, and submitted. It says my claim is being processed and I should expect a determination within 2-3 weeks. I also requested backdating to my actual last day of work and explained the reason for delay. Fingers crossed.

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YES!! so glad you did it. good luck, rooting for you

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Great news! Keep certifying on your scheduled days even while you wait for the determination - missing certifications can complicate things. And start keeping your job search log now so you're ready when benefits kick in.

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Thank you all so much seriously. This community answered every question I had and got me off the fence. I'll update when I hear back.

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