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Ava Martinez

EDD claim with foreign employer office - misclassified as contractor - how to file?

I'm in a weird situation with filing for unemployment and could use some advice. I recently worked for a multinational tech company that I believe misclassified me as an independent contractor (I met all the criteria for regular employment - they controlled my schedule, provided equipment, etc.). I know EDD says to file anyway and they'll determine my status, but here's the tricky part: Even though the company has offices in San Francisco, I was hired through their London headquarters and all my payments came via wire transfer from the UK office. When I try filing online, there's no way to enter a foreign address for the employer, and I'm not sure if I should: 1. File online using their San Francisco address and explain the UK situation later? 2. Submit a paper application so I can write in the UK address? 3. Something else entirely? I have no physical paystubs since everything was electronic, just bank statements showing the wire transfers. Has anyone dealt with an international employer situation while being misclassified? I really need these benefits but don't want to mess up the application.

Miguel Ramos

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You're definitely in a unique situation, but not an impossible one! In cases of misclassification with international complications, I recommend: 1. File online using their California office address 2. When you get to the phone interview (and you will since this is complicated), explain the full situation about the UK payments 3. Gather ALL your evidence: contracts, emails about work expectations, bank statements showing payments, any assignment instructions The key thing EDD looks at for misclassification is control - did they control how/when you worked? Did they provide tools/equipment? Were you integrated into their business? Document everything that shows you were treated as an employee. You might face a longer approval process, but I've seen people in similar situations eventually get approved.

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Ava Martinez

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Thank you for the detailed response! They absolutely controlled my schedule (9-5 Pacific time), provided all the software, and I had to attend team meetings. I'm just worried about the phone interview part - I've been trying to reach EDD for a different question and can't get through at all. Is there a special number for these interviews or do they call you?

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QuantumQuasar

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i had somewhat similar thing happen but with canda office. just put the US address and when they call you to verify details explian the situation. thats what i did and it worked fine

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Ava Martinez

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That's encouraging to hear! Did they actually call you pretty quickly after you filed? I keep hearing horror stories about waiting months for any contact.

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Zainab Omar

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Just to be clear about misclassification - this is VERY common and you're right to file. Use the AB5 test (or ABC test) to determine if you were truly an independent contractor: A) Were you free from company control? B) Was the work outside the company's main business? C) Do you have an independent established trade/business doing this type of work? If you answer NO to any of these, you were likely misclassified. For your specific situation with the international aspect, file using the California address since that's where you physically performed the work (I assume), then be prepared for additional documentation requests. When EDD investigates, they'll contact the employer for wage information, and this is where you'll need your evidence ready.

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Ava Martinez

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Yes, I definitely fail that test - I was completely under their control, doing core business activities (software development), and wasn't running my own business. I'm just nervous about them contacting the employer since they might only reach the California office who might not have my records since I was technically hired through London. But I guess that's EDD's problem to sort out, not mine.

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GOOD LUCK getting EDD to actually call you for an interview!!! I waited 11 WEEKS for my phone interview about a similar issue (though not international). The online system is absolutely BROKEN and nobody answers the phones. I called 47 TIMES in one day and couldn't get through!!! Document EVERYTHING. Save every email, every piece of correspondence. Take screenshots of your bank transfers. You'll need it all because they'll make you PROVE you were an employee not a contractor.

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Ava Martinez

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Oh god, 11 weeks?? I can't wait that long. Did you eventually get approved? I'm already behind on rent waiting for this to get sorted out.

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Yeah I got approved EVENTUALLY but it was a nightmare. And they backpaid everything but that doesn't help when you're about to be evicted RIGHT NOW. The system is completely broken.

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Yara Sayegh

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have you tried just calling the uk office and asking them to send you documentation? might be easier than dealing with edd honestly

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Ava Martinez

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I've emailed them asking for documentation but haven't heard back yet. The company wasn't exactly thrilled when I left (I raised concerns about the misclassification) so they're not being super helpful. Trying to figure out my options if they don't respond.

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I was stuck in a similar situation last year trying to reach EDD about a complicated claim. After weeks of frustration, I found this service called Claimyr (claimyr.com) that actually got me through to an EDD representative in under 20 minutes when I'd been trying for days on my own. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km In your situation with the international aspect, I think speaking directly with a knowledgeable EDD rep would be really helpful rather than guessing at the application. They can tell you exactly how to handle the international employer situation and what documentation you'll need.

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Ava Martinez

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That's extremely helpful, thank you! I'll check out the video. At this point I'd try anything to actually speak to a human at EDD. Did they actually give you helpful information when you got through?

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Yes! The key is that you get through to actual EDD employees, not some third-party service. So I got the same help I would've gotten if I'd managed to get through on my own - they answered all my questions, could see my specific claim, and helped me fix several issues that were causing delays. Definitely worth it in complicated situations like yours.

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Paolo Longo

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wait i'm confused... if you were paid from UK, wouldn't you need to file for unemployment in the UK not in california?? just wondering.

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Zainab Omar

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That's not how it works. Unemployment is based on where you performed the work, not where the company is headquartered or where the payment comes from. If OP was physically working in California, they file in California regardless of where the employer is based or where the money came from.

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Miguel Ramos

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One more thing to consider - make sure you have documentation of your immigration/work status since this involves a foreign employer. EDD might request this information even if you're a US citizen/resident. Also, when you file, use the employer's Federal Employer Identification Number (FEIN) if you have it - this helps EDD match your claim to the correct employer. If you don't have it, use the California office's information and explain the situation in any text fields available during the application.

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Ava Martinez

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I'm a US citizen so that part shouldn't be an issue, but I definitely don't have their FEIN. I'll use the California information as suggested and hope for the best.

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