EDD eligibility after employer gave me 'change of relationship' paperwork - still qualify?
My employer just handed me a 'change of relationship' document yesterday stating I'm being moved from full-time to 'on-call' status with no guaranteed hours. They said it's not a termination, but I haven't been scheduled for next week at all. I've been working at this retail store for 3 years consistently 38-40 hours weekly. Can I file for unemployment with this weird status change? I'm worried they're doing this to avoid laying me off officially. Has anyone dealt with this before? Will EDD consider this a constructive dismissal or reduction in hours? I need to pay rent in 2 weeks and am freaking out!
18 comments
Ravi Sharma
sounds like they r trying to avoid paying unemployment by not firing u outright. apply anyway, EDD looks at ur actual hours not what they call ur position
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Isabella Santos
•Thanks, that makes sense. Do you know if I should wait until I actually don't get scheduled for a full week before applying? Or should I apply now since they already gave me the paperwork?
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Freya Larsen
This is called a "substantial reduction in hours" and YES, you qualify for unemployment! I went through something similar last year. My company reduced me from 40 to 12 hours weekly and called it a "schedule adjustment" but EDD approved my claim. Make sure to save that document they gave you - it's important evidence. When you file, select "still working but hours reduced" as your reason. EDD considers a substantial reduction in hours (usually more than 20%) as good cause for leaving. You'll need to certify each week based on any hours you actually work. Also, be prepared for your employer to potentially fight this claim. They may argue you're still employed, but EDD will look at actual earnings/hours, not just your employment status.
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Omar Hassan
•This advice is correct but slightly incomplete. While a substantial reduction in hours does qualify, the system can be confusing about this specific situation. When you file, you'll get prompted about whether you're still attached to an employer. Be very clear that your hours were involuntarily reduced to effectively zero. Use the exact phrase "involuntary reduction of hours" in any written explanations. Also, if they schedule you for even 1-2 hours in a week, make sure to report that exactly during certification. Underreporting hours can cause bigger problems than just being honest about the minimal hours they give you.
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Chloe Taylor
THEY'RE DEFINITELY TRYING TO SCREW YOU!! This is exactly what my company did to 6 people last year. They call it "on-call" so they don't have to officially lay you off but then NEVER CALL YOU FOR SHIFTS!!! Apply for EDD immediately! Don't wait! And when they ask why you're no longer working say "CONSTRUCTIVE DISCHARGE - HOURS REDUCED TO ZERO" in the explanation box!
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Isabella Santos
•Oh wow, that's so frustrating they do this! Did your coworkers who applied for EDD get approved right away or did they have to appeal?
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ShadowHunter
If your looking to reach EDD on the phone, I highly recommend using Claimyr. After trying to call EDD for 3 weeks with no luck (kept getting the "too many callers" message), I found this service that gets you through to an actual EDD rep. They called me back when they had an agent on the line. Saved me literally weeks of frustration. Check out their demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or go to claimyr.com. Totally worth it for situations like yours where you need answers fast.
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Diego Ramirez
•does this actually work?? i tried calling edd like 45 times yesterday and never got thru
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ShadowHunter
•Yes, it worked for me! I was able to talk to someone within a couple hours of using it. The EDD rep confirmed my situation with reduced hours did qualify as partial unemployment.
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Anastasia Sokolov
my cousin works at target and they did this to her last month... they call it "flexibility initiative" but its just a way to not schedule people and hope they quit instead of firing them. she got approved for eDD but had to wait 3 weeks. make sure u have ur last paystub to show ur normal hours vs zero now
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Omar Hassan
This is a common situation that definitely qualifies for UI benefits. Here's what you need to know: 1. California considers a reduction of hours by more than 20% as good cause for a UI claim 2. Your status change from full-time to on-call with no scheduled hours easily meets this threshold 3. File immediately - don't wait for more weeks without work 4. In the "reason for separation" section, choose "Still working but hours reduced" 5. In any explanation box, clearly state: "Employer changed status from full-time to on-call with no guaranteed hours, resulting in substantial reduction of work hours" 6. Upload or mail in a copy of that change of relationship document as evidence 7. Be prepared for a phone interview where an EDD representative may ask about the circumstances You should be eligible for benefits for any week where you earn less than your weekly benefit amount. When certifying, always report any hours/wages earned during the certification period, even if minimal.
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Isabella Santos
•This is incredibly helpful, thank you! I just started the application and was confused about which reason to select. I'll follow your advice about uploading the document too. Really appreciate the detailed steps!
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Diego Ramirez
i just want to ask has anyone else noticed that companies are doing this more now??? my roomate got the same thing but they called it a "flexible scheduling arrangement" and then gave her 4 hours a week instead of 30. feels like theres a trend of doing this to avoid layoff costs????
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Chloe Taylor
•YES!! It's happening EVERYWHERE!! My friend at a hotel got put "on call" but they haven't called him in 5 WEEKS!! Companies think they're so clever but EDD knows exactly what they're doing. It's just a way to make the unemployment numbers look better while basically laying people off!
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Freya Larsen
One more important tip: When you certify every two weeks, make sure you answer "Yes" to the question asking if you looked for work, and document at least 3 job search activities per week. With the current work search requirements, you need to be actively looking for work even while technically still employed with reduced hours. This trips up a lot of people in similar situations.
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Isabella Santos
•Thank you! I wasn't sure about that since I'm technically still employed. Should I be looking for full-time work elsewhere even though they might call me back? I'm worried they'll get upset if they find out I'm job searching.
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Freya Larsen
•Yes, absolutely look for other full-time work. Your employer has effectively cut your income dramatically - you have every right to seek stable employment elsewhere. EDD requires work search activities regardless of whether your employer might theoretically call you back. Your financial stability comes first!
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Ravi Sharma
oh also if they do give u a few hours make sure u report the exact earnings when u certify. if u make under a certain amount u still get partial unemployment for that week
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