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GalacticGuru

EDD approved UI based on harassment at new job but using my old employer's wages - confusing!

So I've been dealing with a really stressful situation at my current job (marketing agency) where my manager has been constantly harassing me for the past 3 months. Documentation, HR complaints, the whole nine yards didn't help at all. I finally couldn't take it anymore and quit last week. I applied for unemployment and surprisingly got approved quickly, but here's the weird part - my claim statement shows they're using wages from my previous employer (retail store) where I worked for 2 years before switching to this agency job 7 months ago. The EDD determination letter mentions "hostile work environment" as the reason for approval, but all the wage information is from my old job. Is this normal? Will this cause problems with my claim? I'm worried my previous employer might contest this since I left them voluntarily for better opportunities. Has anyone experienced EDD using a different employer's wages than the one you had issues with?

This is actually normal and how the system works. EDD uses what's called a "base period" to calculate your benefits, which typically looks at the first 4 of the last 5 completed calendar quarters before you filed. If you only worked at your current job for 7 months, a good portion of your base period would include wages from your previous employer. The important thing is you were approved based on the reason you left your CURRENT job (harassment). The wages they're using to calculate the benefit amount are separate from the eligibility determination. Your old employer can't contest your eligibility since they weren't the reason you're unemployed now.

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Thank you so much for explaining! That makes me feel a lot better. I was stressing about this because I couldn't understand why they were mixing the two employers. So my benefit amount is based on what I earned at both jobs combined during that base period? And my current employer (the one with harassment) can still contest the claim even though I was approved, right?

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happened 2 me last yr!! except mine was workplace safety not harrassment but same deal. edd used my old employer even tho i quit my NEW job. they told me on the phone its cuz of the "base period" thing. your fine just make sure u keep doing the bi-weekly certifications!!!

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Same here! I was so confused when I saw my old employer listed. Called EDD like 47 times before I got through and they explained it. So weird they don't make this clearer in their paperwork.

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Are you SURE you were approved? Don't want to be negative but I got a letter that LOOKED like approval but was actually just acknowledging my claim was processed. Then two weeks later got hit with a disqualification because my employer contested. Check your UI Online account and make sure it actually says "approved" and not just "processed" or something else. EDD is notorious for confusing paperwork!

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Oh no, now I'm worried. The letter specifically said I was eligible based on the hostile work environment determination, but I should probably check my UI Online account to be 100% sure. Thanks for the heads up.

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This is actually how the EDD system is designed to work. Your benefit eligibility is determined by your reason for separation from your most recent employer (in your case, harassment creating a hostile work environment). However, your benefit AMOUNT is calculated based on your highest earning quarters during the base period, which looks back at the last 12-18 months. Since you only worked at the marketing agency for 7 months, a significant portion of your base period includes wages from your retail job. Your previous employer cannot affect your eligibility - only your most recent employer can contest that part. They're only relevant for determining how much you receive. One important note: Make sure you've provided EDD with documentation of the harassment if possible, as your current employer might still contest the claim. Having evidence ready will help if you need to appeal.

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Thank you for the detailed explanation! I've kept all the emails and HR complaints documenting the harassment, so hopefully that will help if they contest it. Is there a way to proactively send this documentation to EDD or should I wait until they ask for it?

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Anyone else notice EDD is actually approving harassment claims faster now? I had a similar situation back in 2023 and it took MONTHS with phone interviews and appeals before I got approved. Seems like they're actually taking workplace harassment more seriously now...or maybe you just got lucky lol

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i think it depends who reviews ur claim tbh. my friend got denied for almost the EXACT same situation as me but different reviewer. edd is so random sometimes!!!

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If you need to contact EDD about this, good luck getting through on the phone. I spent two weeks trying to reach someone about my harassment-based claim. Finally used a service called Claimyr (claimyr.com) that got me through to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km They connected me with an EDD rep who explained the base period calculation and confirmed my eligibility was based on my most recent employment separation reason, even though my benefits were calculated using earlier employers. Totally worth it to get a clear answer directly from EDD.

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Thanks for the tip! I might need this if I have any issues. The phone system is so frustrating - I tried calling earlier this week and kept getting the "too many callers" message.

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I've worked for EDD (not anymore). What's happening is 100% normal. Separation issue = current employer. Benefit calculation = base period employers. Two completely separate things in the system. You're good as long as you weren't fired for misconduct or didn't just quit your retail job without good cause.

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Wait so if the current employer who harassed them contests the claim, can they still lose eligibility even though they were already approved? The system is so confusing!

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Yes, the current employer has 10 days to respond to the claim notice. If they contest it after initial approval, EDD may schedule a phone interview and could reverse the decision. That's why documentation of harassment is crucial.

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Update: I called EDD this morning (took forever to get through) and they confirmed what many of you said. The claim is based on my separation from the marketing job due to harassment, but the benefit amount uses wages from both employers during the base period. They also said my former marketing manager hasn't contested anything yet, but they have a few more days to respond. Crossing my fingers! Thanks everyone for your help clearing this up.

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Glad you got confirmation! Make sure you continue certifying every two weeks regardless of any pending issues. If they do contest it, you'll likely get a phone interview scheduled. Just present your documentation calmly and stick to the facts about the harassment.

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good news!! 🙏

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