Does your previous employer have to approve unemployment in California EDD?

Oh wow that's such a relief. So my employer can fight it but they don't just automatically get to say no?

Exactly right. They can submit a protest or provide information, but EDD adjudicators review everything and make the call. The burden is actually often on the employer to prove you shouldn't receive benefits, especially in layoff situations.

This is correct. I worked in HR for years and dealt with EDD claims constantly. Employers have a limited window to respond and if they miss it the claim often proceeds without their input at all.

That makes me feel so much better. I was so scared my old boss was going to ruin this for me.

yep laid off = basically automatic approval in my experience. my old company tried to mess with my claim and EDD sided with me anyway because it was clearly a layoff situation

Wait so this actually gets you through to a real person at EDD? I've called like 8 times and just get the automated system saying to call back later.

Yeah that was exactly my situation. The regular EDD phone line is almost impossible to get through. Claimyr works differently and actually got me connected. The agent I spoke with was super helpful and walked me through the whole employer response process.

I've heard of this. My neighbor used it when her claim got stuck in adjudication. Said it saved her so much stress.

Adjudication doesn't necessarily mean your employer contested. There are lots of reasons a claim goes to adjudication - it could be questions about your reason for separation, your availability for work, income verification, all kinds of things. Don't panic yet.

okay but HOW do I find out which reason it is. this is so frustrating i just want to know what's happening

You should get a written notice from EDD explaining why your claim went to adjudication. Check your UI Online inbox and also your physical mail. EDD sends notices both ways sometimes.

Also if you can get through to an agent they can tell you exactly what issue triggered adjudication. That's honestly the fastest way to get a real answer.

10 days is actually a pretty short window. What if my employer responds after the 10 days?

Late responses can still be considered in some cases but they carry less weight. EDD has discretion there. Generally if an employer blows the deadline their protest gets less consideration.

My employer missed the response window when I filed and my claim just went straight through. Took about 3 weeks total.

That's kind of scary that employers might deliberately mislead people about this.

It happens. Some employers even have clauses in severance agreements trying to get employees to waive unemployment rights which is actually not enforceable in California. EDD benefits are a legal right, not a gift from your employer.

wow I did not know severance agreements couldn't take away unemployment rights. I signed something like that and was scared to file. filing right now.

This is really helpful context. I feel like I understand the whole system so much better now. Definitely glad I was laid off and not fired.

what counts as misconduct though? because i was fired and my old employer claimed misconduct but what I did was super minor

California has a fairly specific definition - misconduct has to be a substantial disregard of your employer's interests or your duties. Minor mistakes, poor performance, inability to do the job - those generally don't qualify as disqualifying misconduct. Intentional rule-breaking, dishonesty, or repeated violations after warnings are more likely to qualify. An EDD interviewer would investigate and make that determination.

And you can appeal if EDD initially sides with your employer. The appeals process is an important option that a lot of people don't use.

8 weeks is a long time but good to know it eventually worked out. Did you have to do an interview by phone?

yes phone interview with an EDD adjudicator. they called me at a scheduled time and asked me questions about the separation. I had documented everything on my end which helped a lot.

Always document everything, this is so important. Emails, texts, written notices - save all of it.

Not a dumb question at all. Yes, EDD should notify you if your employer contests and it triggers further review. You'd typically get a written notice explaining that your claim requires additional investigation. Check your UI Online message inbox and your physical mail carefully.

I checked UI Online and there's no messages there, just says pending. Does pending always mean something is being contested?

No, pending is just the default status while EDD is processing. Could be totally routine. Give it at least 3 weeks before getting too concerned, and make sure you keep certifying your weekly claims in the meantime regardless.

This is key - keep filing your weekly certifications even while your claim is pending or in adjudication. If you stop certifying and your claim eventually gets approved, you may not be able to get back payments for weeks you missed.

This is really tempting to try. I'm going on 2 weeks with just the pending status and it's making me anxious.

does it work for adjudication situations too or just pending claims

I've seen people in this thread mention using it for adjudication as well. Any time you need to actually speak with an EDD representative it can help - whether it's pending status, adjudication questions, or employer contest situations.

The date on the notice not the date received - that's a really important distinction. What happens if you miss the 30 day window?

Missing the appeal deadline is very serious. You can request a late appeal but you'd need to show good cause for why you missed it. It's much harder to get your appeal heard after the window closes. Another reason to stay on top of your mail and UI Online notices.

I missed an appeal deadline once and it was a nightmare to fix. Monitor your EDD correspondence obsessively, I cannot stress this enough.

This is exactly right and more people need to understand this. It's not always personal when an employer contests - it's sometimes just their HR department trying to manage costs. Still annoying but it's not necessarily your old boss being vindictive.

Interesting, I didn't know that's how the employer tax side worked. Makes more sense now why they might contest even a normal layoff.

That's terrifying that an employer can just lie to EDD. But good to know the appeals process caught it.

The appeals process through the California Unemployment Insurance Appeals Board is pretty thorough. They take testimony, review documents, the whole thing. It's more formal than dealing with regular EDD but it's a real opportunity to present your case.

Important to note you can also have representation at CUIAB hearings. If the stakes are high enough some people hire attorneys who specialize in unemployment appeals. There are also legal aid organizations that help with this for free.

3 months is a long time to be without income. Did she have any other support during that period?

it was really rough. she had to borrow from family. but the back pay when it finally came through was several thousand dollars so it was worth fighting.

Constructive discharge cases are actually some of the more complex unemployment situations. Good that she documented everything and persisted through the appeal. A lot of people give up after the first denial.

The notice shows your employer that you filed and asks them to verify or dispute the separation information and wages. It doesn't expose all your financial details but your wage history with that employer is part of what they'd be confirming.

ok that makes sense. was just making sure my old boss wasn't going to see like my bank account or something lol

Ha no nothing like that. EDD is just verifying the employment relationship and reason for separation. Your personal financial information beyond wages isn't something your employer sees.

I actually have my layoff letter saved and some emails. Going to put together a folder with everything now.

Perfect. Also screenshot or save your UI Online claim history pages periodically. Sometimes the portal updates in ways that are confusing and having a record of what it showed previously can be helpful.

Good advice. I'd also add: if EDD schedules a phone interview with you, treat it seriously. Write down your account of events beforehand so you're organized and clear when speaking with the adjudicator. Those interviews can feel casual but what you say matters.

The system is genuinely broken in a lot of ways. People pay into unemployment insurance their whole working lives and then when they actually need it the experience is this bureaucratic nightmare.

5 weeks of calling and getting nowhere. someone eventually told me about calling right when the office opens at 8am on certain days but even that only worked like 1 in 10 times. the whole thing is just exhausting.

That's exactly why I tried Claimyr when I was in a similar situation - claimyr.com - after spending weeks getting nowhere with the regular phone system. Getting connected to an actual agent who could explain my claim status made such a difference when I was already stressed and struggling financially.

Thank you for this. This whole thread has been incredibly reassuring. I came in terrified my bitter ex-boss could just snap his fingers and take my benefits away and now I understand the actual process so much better.

That's a really common misconception and it makes sense that your coworker believed it - employers often act like they have more power over this than they do. You have rights here. California EDD exists precisely to support workers in your situation.

Good luck with your claim OP. Come back and update us when it's approved - which it very likely will be!

I will! Thank you everyone. Going to go organize my documentation folder right now and stop panicking. This community is the best.