EDD base period eligibility after self-employment - can husband claim UI 10 months after layoff?
Looking for advice on a somewhat complex situation with my husband's unemployment eligibility. He was laid off from his tech job in April 2024 (he received a decent severance package) and has been working as an independent contractor on a project since May. That project is wrapping up next month and he's weighing his options. We're trying to figure out if he can file for unemployment in February 2025, which would be about 10 months after his original layoff. The EDD website mentions something about a 'base period' for calculating benefits that looks at previous W-2 earnings, but I'm confused about the timeframes. If he files in February 2025, would his W-2 earnings from his former employer still count in the base period calculation? Or is he out of luck because he's been self-employed for several months? I read somewhere that the base period can extend back quite a ways, but I'm not 100% clear if he'd still qualify this far out. Also - does working as a contractor affect his eligibility at all? He hasn't been paying into UI during this self-employment period. Any insights appreciated!
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Zainab Omar
Yes, he should still qualify! The base period for UI claims is the first 4 of the last 5 completed calendar quarters before filing. So if he files in February 2025, his base period would include October 2023 through September 2024. If he had W-2 wages during any part of that period (which it sounds like he did from January-April 2024), those earnings count toward his eligibility and benefit amount. The self-employment won't contribute to his UI eligibility (as you noted, he's not paying into UI during that time), but it also doesn't prevent him from collecting benefits based on his previous W-2 employment.
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Miguel Ortiz
•Thank you for explaining this! So if I understand correctly, even though his layoff was 10 months prior, the W-2 wages during the base period are what matter, not when the actual job loss occurred? That makes me feel much better about his options.
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Connor Murphy
my sister did something like this but it got complicated fast. EDD thought she was still working for her old company and it took FOREVER to sort out. make sure he keeps all paperwork from when he got laid off!!
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Miguel Ortiz
•That's really good to know - we'll definitely gather all his termination documents and severance paperwork. Did your sister eventually get her benefits sorted out?
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Connor Murphy
•yeah but it took like 6 weeks and she had to get on the phone with them 3 different times. total nightmare. just be super organized with dates and stuff
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Yara Sayegh
One thing to consider - when your husband files, he'll need to be available for full-time work and actively looking for work. This means he can't still be doing his contractor job while collecting benefits. I made this mistake and ended up with an overpayment notice because I was still doing occasional freelance work while on UI. Also, the EDD base period can be confusing. The normal base period doesn't include the most recent completed quarter. So if he files in February 2025, it would use Oct 2023-Sept 2024 wages, NOT the Oct-Dec 2024 quarter (which might actually be better for him if he wasn't earning W-2 wages during that time).
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Miguel Ortiz
•That's a really important point about the work search requirements. He'll definitely be completely done with the contract work before filing. His industry is specialized so I'm a bit concerned about how quickly he'll find something new, which is why we're exploring the UI option as a backup plan.
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NebulaNova
When was his official last day on payroll with his W-2 employer? That's critical info for determining his base period. Also, keep in mind that his benefit amount will be calculated based ONLY on the W-2 wages during the base period quarters. And FYI - having trouble getting through to EDD about this? I recently discovered a service called Claimyr (claimyr.com) that helped me get through to an EDD rep when I was stuck in a similar situation regarding base period eligibility. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Much better than wasting days trying to get through on your own!
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Miguel Ortiz
•His last official day on payroll was April 18, 2024, though his severance was paid out over 3 months after that. Does severance count as wages for the base period or just his regular salary? And thanks for the Claimyr tip! We'll definitely keep that in mind if we run into problems getting answers directly from EDD.
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NebulaNova
•Severance generally doesn't count as wages for UI purposes. It's considered compensation for your past work, not ongoing employment. So only his regular wages through April 18 would count toward the base period. That said, those 3.5 months of wages in 2024 plus whatever he earned in late 2023 should still give him a qualifying claim.
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Keisha Williams
I think ur overthinking this. as long as he worked n paid taxes at somepoint in the base period he can get UI. its rly not that complicated til u have to actually TALK to someone at EDD lol
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Miguel Ortiz
•Haha, you're probably right! I tend to worry too much about these things. But I've heard so many horror stories about claims getting stuck or denied for technical reasons that I wanted to make sure we understand the rules before he applies.
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Paolo Conti
The EDD system is DESIGNED to be confusing! They make it complicated ON PURPOSE so fewer people collect benefits. I got laid off last year and waited too long to file because I was confused about the rules. By the time I filed, I lost out on 3 months of potential benefits that I could have been collecting!!! DON'T WAIT if he's eligible now!!!
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Zainab Omar
•Just to clarify, there's no advantage to filing early in this specific situation. Since the husband is currently working as a contractor and that project doesn't end until next month, he wouldn't be considered unemployed right now. He should file when he actually becomes unemployed, which sounds like it will be February 2025 in this case.
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Paolo Conti
•OK fair enough but my point stands about EDD making everything confusing on purpose! They have terrible communication.
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Amina Diallo
I went through almost this exact situation last year! Here's what happened to me: - Laid off from full-time job in May - Did contract work June-December - Filed for UI in January I qualified based on my W-2 wages from the base period, but here's what tripped me up: when I filed, they asked for details about my most recent employer. Since my most recent work was self-employment, I had to explain the situation carefully. They initially flagged my claim for an eligibility interview because they thought I might have quit my W-2 job to do self-employment (which would have disqualified me). Make sure your husband clearly explains that he was laid off (not quit) from his W-2 job, and that his subsequent self-employment has now ended. It worked out for me but took about 3 weeks to resolve with an eligibility interview phone call.
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Miguel Ortiz
•Thank you so much for sharing your experience! This is super helpful. So it sounds like we should be prepared for an eligibility interview and have documentation ready to show that he was laid off rather than quitting. Did they require any specific proof from you about the layoff or the end of your contract work?
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Amina Diallo
•Yes! Have these documents ready: 1. Layoff notice/termination letter from the W-2 employer 2. Final pay stub showing separation 3. Something showing the contract work has ended (email confirming project completion, etc.) I had all these ready during my phone interview and it made the process much smoother. The interviewer basically just wanted to verify that I was truly laid off and not voluntarily unemployed.
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Yara Sayegh
One more thing that might be relevant - EDD has something called an "alternate base period" that can be used if you don't qualify under the standard base period. It uses more recent quarters. But from what you've described, the standard base period should work for your husband's situation as long as he had enough W-2 earnings during those quarters.
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Miguel Ortiz
•I hadn't heard about the alternate base period! I'll look into that as a backup option, though it sounds like the standard period should work in our case. Thank you!
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Connor Murphy
when he files make sure he says hes ABLE and AVAILABLE for fulltime work each week when he certifies. they denied my husband for 2 weeks bc he said he wasn't available one day when he had a doctors appointment. so annoying
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Miguel Ortiz
•That's a great tip! I'll make sure he understands how to answer those certification questions correctly. The whole system seems like a minefield of potential mistakes.
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