EDD claim while dealing with unpaid wages - do I report income I haven't received yet?

Yes, you should report the dates you actually worked on your initial claim, regardless of whether you've been paid for those hours yet. Your claim will be based on when your employment ended (July 18th), not when you received your final paycheck. When you certify for benefits each week, you only report income for work performed during the weeks you're certifying for. If you receive those back wages later while on unemployment, you don't need to report them as they were earned before your unemployment period began. Make sure to keep detailed records of your unpaid wages situation in case EDD has questions. Also, good move filing with the Labor Commissioner - that's definitely the right step for wage theft issues.

i had kinda similar thing happen but mine was vacation pay they owed me for like 2 months after i got laid off. didnt cause any problems with my claim bc the work was done before i filed

MAKE SURE you keep DETAILED records of EVERYTHING!! When you worked, emails about not getting paid, EVERYTHING! The EDD system is designed to trip you up and then hit you with overpayment notices months later when you can't even remember what happened!! I had a similar issue where my employer paid me late and it caused a HUGE headache with EDD. They flagged my account because the employer reported wages for periods I said I wasn't working (because I was reporting based on when I WORKED not when I got PAID). Took me 6 MONTHS to sort it out!!!

I went through something similar last year. When filing your initial claim, you'll need to report your work history accurately (including the weeks you worked but haven't been paid for). EDD uses your work history to establish your base period and benefit amount, not when you received payment. For your weekly certifications, you only report work performed during those certification weeks. So when you eventually receive those back wages, you don't report them on your weekly certification because the work was performed before your unemployment period. The only tricky part is if your employer incorrectly reports when you earned those wages to EDD. If they report them as earned during your unemployment period instead of before your layoff date, it could create a discrepancy. If you get a notice about this from EDD, you'd need to appeal and explain the situation, showing your documentation that proves when you actually performed the work. BTW, if you're struggling to reach EDD about any of this, I recently used a service called Claimyr (claimyr.com) that got me through to an EDD rep in under 15 minutes after I'd been trying for days. They have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Saved me so much frustration.

wait so ur trying to get unemployment AND get paid for those weeks? isnt that like double dipping or something? just curious how that works

My cousin's husband had this exact problem!!! His employer was 2 months behind on payroll when they closed down completely. He filed for unemployment right away but then when he finally got those back wages like 3 months later he got in big trouble with EDD because they thought he was working during his claim!!! He had to appeal and it was a whole nightmare. Make sure you document EVERYTHING. Like seriously everything.

I'm an employment attorney in California (though this isn't legal advice). When filing for unemployment, you should always report work according to when it was performed, not paid. Your benefit eligibility begins after your last day of work (July 18th), regardless of payment timing. For your wage theft issue, in addition to the Labor Commissioner claim, you might want to file a DLSE-1 form (wage claim) if you haven't already. This creates a formal process for recovering those unpaid wages. Also, be prepared for your employer potentially challenging your unemployment claim. Some employers who commit wage theft also try to avoid unemployment insurance costs. If this happens, you'll need those detailed records to prove your employment ended through no fault of your own.

I'm dealing with something similar right now! My employer owes me about 6 weeks of pay and keeps giving me the runaround. Based on what I've learned from my research and talking to the Labor Commissioner's office: 1. Report your work history accurately when filing - include all weeks worked regardless of payment status 2. Your unemployment eligibility starts from your actual last day of work (July 18th) 3. When you eventually get those back wages, you DON'T report them during weekly certifications since the work was performed before your claim period One thing I'd add - make sure you have some kind of written record of your employer acknowledging they owe you wages. Even a text message helps. Also, the Labor Commissioner told me that unpaid wage cases like ours are pretty common right now, so don't feel alone in this. The whole situation is stressful enough without worrying about EDD complications. Hang in there and keep fighting for what you're owed!

I'm sorry you're dealing with this frustrating situation - wage theft is unfortunately way too common and adds so much stress on top of being unemployed. From what I understand (and others have confirmed), you're handling this correctly. Report your actual work dates when filing your initial claim, and when you eventually receive those back wages, don't report them during your weekly certifications since the work was performed before your unemployment period started. One thing I'd suggest - when you do your weekly certifications, there's usually a section for "additional information" or comments. You might want to briefly note something like "still awaiting payment for pre-layoff wages" just to create a paper trail in case any issues come up later. Also, since your employer is being sketchy about payroll, there's a chance they might mess up their reporting to EDD about when you earned those wages. If they report them as earned during your unemployment period instead of before July 18th, it could trigger flags in the system. Having all your documentation ready will be crucial if that happens. Good luck with the Labor Commissioner claim - hopefully you'll see some movement on that soon. In the meantime, don't let your employer's irresponsibility prevent you from getting the unemployment benefits you've earned!

This is such a messy situation but you're definitely not alone - I see posts about unpaid wages combined with unemployment claims pretty regularly here unfortunately. Just wanted to add one more thing that might be helpful: when you do eventually receive those back wages (fingers crossed!), make sure to keep the pay stub or documentation showing the pay period dates. If there's ever any confusion with EDD down the road, you'll want clear proof that the wages were for work performed before your layoff date, not during your unemployment claim period. Also, I've noticed some people mention that sketchy employers sometimes try to report wages to EDD incorrectly as a way to mess with former employees' unemployment claims. If your employer is already being shady about paying you, just be prepared for the possibility they might report things wrong to EDD too. Having all your documentation organized ahead of time will save you major headaches if that happens. Hope you get those wages soon and that your unemployment claim goes smoothly! The Labor Commissioner's office is usually pretty good at getting results, even if it takes a while.