EDD claim after quitting hostile workplace that illegally docked 30 mins from timecard - can I qualify?
I just quit my job last week after dealing with a super toxic environment for almost 8 months. My manager started retaliating against me after I raised concerns about some questionable practices, including the company automatically deducting 30 minutes from EVERYONE'S timecards daily (regardless if we took breaks or not). The hostility got so bad I was having panic attacks before shifts and couldn't continue working there. I've never filed for unemployment before but I'm wondering two things: 1. Can I qualify for EDD benefits even though I quit? I've heard you normally don't qualify if you leave voluntarily, but this situation felt forced. 2. How do I report the illegal time clock deductions? That's wage theft, right? Should I contact the labor board first or include this in my EDD application? Really need guidance here as my savings won't last long. Thanks in advance to anyone who can help!
17 comments
Liam McConnell
Yes, you can potentially qualify for EDD benefits even after quitting! This would fall under "good cause" to leave employment. When you file your claim, make sure to be very specific about the hostile work environment and retaliation you experienced. Document everything - dates, incidents, who was involved, etc. As for the timecard issue, that's a separate wage claim issue with the Division of Labor Standards Enforcement (DLSE). You should file a wage claim with them for the unpaid time. Here's what to do: 1. File your EDD claim first, being detailed about why you quit 2. Separately file a wage claim with the DLSE for the illegal 30-min deductions 3. Be prepared for your eligibility interview with EDD (they'll schedule one since you quit) 4. Gather any evidence of the hostile environment (emails, texts, witness contact info) The key is showing that any reasonable person would have quit under those circumstances.
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Mei Zhang
•Thank you so much for this detailed response! I wasn't sure if the hostile work environment would count since it wasn't discrimination based on a protected class (more like general bullying and isolation). I've started documenting everything I can remember, but didn't save many emails before I left. Will my former coworkers' statements help if they're willing to confirm what happened?
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Amara Oluwaseyi
hate to be the bearer of bad news but EDD usually sides with employers on these kinda claims. i quit my toxic restaurant job last year and got DENIED even with proof of crazy schedules and manager yelling at me. the 30 min deduction thing is definitely illegal tho!! def report that to labor board but dont hold ur breath on unemployment... they made me pay back benefits when i lost my appeal :
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Mei Zhang
•Ugh, that's what I was afraid of. Did you have an eligibility interview? I'm wondering if there's something specific I should say or avoid saying during that process to improve my chances.
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Amara Oluwaseyi
•ya i had the interview and thought it went good but they still denied me! they kept saying i should have tried harder to "resolve the situation" before quitting. like what was i supposed to do when my boss was the problem?? anyway good luck hope u have better luck than me
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CosmicCaptain
I successfully got EDD benefits after quitting a hostile work environment last year. The KEY is how you frame things in your application and interview. DO NOT just say "I quit because of a hostile work environment" - that's too vague. Instead, explain specifically how the retaliation affected your health (mention your panic attacks), how you attempted to resolve it through proper channels, and why continuing to work there was impossible. Also, be ready to explain why you didn't formally report the issues to HR or upper management before quitting (if that's the case). About the timecard issue - file a separate wage claim with the DLSE and ALSO report it to the Labor Commissioner's Office. You have 3 years from the violation to file wage claims in California. Don't get discouraged by negative stories - every case is different!
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Giovanni Rossi
•thissss!!! presentation is EVERYTHING with EDD. i got approved after quiting but my friend with almost identical situation got denied. difference was how we talked about it in interview. also dont mention looking for a better job or anything about pay or benefits being bad, focus 100% on health impacts and safety issues
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Fatima Al-Maktoum
The 30-minute deduction issue is completely separate from your EDD claim. That's a wage theft issue that you should file with the DLSE. You can calculate how much they owe you (30 mins × days worked × hourly rate). For your EDD claim, here's what matters: Did you try to resolve the issues before quitting? Did you speak to HR, use internal processes, or notify management about the retaliation? EDD will ask this during your interview. If you quit without trying to resolve the issues, they often rule it was without "good cause." IMPORTANT: Don't mention being fired or laid off if you actually quit. Be truthful but strategic in how you explain your situation.
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Mei Zhang
•I did email HR twice about the retaliation but never got a response beyond "we'll look into it." The company is pretty small (about 25 employees) and HR is basically one person who's best friends with my manager. Should I still emphasize that I tried to go through proper channels even though nothing came of it?
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Fatima Al-Maktoum
•YES! Those emails to HR are GOLD for your case. Make copies right now if you still have them. This proves you tried to resolve the situation through proper channels before quitting. Mention this specifically in your eligibility interview. The fact that HR was ineffective or conflicted actually strengthens your case that you had no reasonable alternative but to quit. Small company dynamics like that are recognized by EDD adjudicators.
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Dylan Mitchell
U actually HAVE to report the 30 min thing to the labor commission!!! my cousin works in hr and says its super illegal. i think u can even get backpay for all those stolen hours so definitely do that part first. dunno about the edd stuff tho, never had to quit before
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Sofia Gutierrez
Trying to reach EDD right now is IMPOSSIBLE. I've been trying for TWO WEEKS to get someone on the phone about my claim that's been pending forever. Keep getting the "we're experiencing high call volume" message and then they hang up! How is anyone supposed to get help?? I finally used this service called Claimyr that got me through to a real EDD agent in about 45 minutes. You might want to check it out at claimyr.com when you need to talk to someone about your claim. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Especially since your situation is complicated with quitting and the hostile work stuff, you'll probably need to actually speak to someone at some point. Just my two cents from someone stuck in EDD hell right now.
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Mei Zhang
•Thanks for the tip! I was wondering how impossible it would be to get through. Has your pending issue been resolved since you got through to someone?
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Sofia Gutierrez
•Yes! Finally got it fixed. Turned out there was a simple flag on my account they needed to remove. Would have been stuck for who knows how long if I hadn't gotten through. The whole system is so frustrating.
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Liam McConnell
I've been helping people with EDD claims for years, and I want to emphasize something important: the difference between regular wage claims and EDD qualification comes down to DOCUMENTATION. For your EDD interview, prepare a clear timeline showing: 1. When the hostile behavior began 2. Specific incidents with dates 3. All attempts to resolve the issue internally 4. How it affected your health/wellbeing (get a doctor's note if possible) 5. Why continuing to work was not feasible For the wage theft issue (30 min deductions), calculate EXACTLY how much you're owed and gather: - Pay stubs - Time records if you have them - Employee handbook sections about breaks - Any communications about the policy File the wage claim with DLSE here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm Final tip: In your EDD interview, focus on how the environment affected your HEALTH and SAFETY, not just that it was unpleasant or unfair.
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Mei Zhang
•This is incredibly helpful, thank you. Should I submit the wage theft documentation with my EDD claim as well, or keep those processes completely separate? I'm worried about making my EDD claim too complicated.
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Liam McConnell
•Keep them completely separate. The EDD claim is specifically about why you had good cause to quit (hostile environment, retaliation). The wage theft is a completely different process through DLSE. Mixing them could actually confuse your EDD claim. However, you CAN mention in your EDD interview that one of the forms of retaliation/hostile environment was the illegal wage practice, and that you're pursuing that separately with DLSE. This shows you're being proactive and responsible, which looks good to EDD adjudicators.
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