EDD eligibility after rescinding resignation but employer still letting me go in May?
So I'm in a weird situation with my current job and need advice about unemployment eligibility. Last week I gave my two weeks notice because I felt underpaid ($22/hr for specialized maintenance work). My boss counter-offered with a $2/hr raise, but I declined. Yesterday I reconsidered and told him I wanted to stay after all - but he said he already decided to bring in someone who's 'more engaged' and that I could only stay until the end of May. Technically I withdrew my resignation before my last day, but now he's forcing me out anyway. Would EDD consider this a layoff or a voluntary quit? Can I qualify for unemployment since I tried to keep my job but am being terminated anyway? Really need to know before May hits and I'm without income.
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Diego Castillo
This is actually a pretty common situation! Based on what you've described, you should qualify for unemployment because your employer essentially rejected your withdrawal of resignation. Since you tried to rescind your notice before your last day and your employer is now forcing you to leave, EDD would likely consider this an involuntary separation (layoff). When you file your claim, make sure to clearly explain that you withdrew your resignation but your employer refused to keep you on permanently. Be prepared to provide details about the timeline and any communications regarding this situation during your eligibility interview.
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Ruby Knight
•Thanks for this! Do you think I should get something in writing from my boss confirming that he's letting me go, even though I asked to stay? I'm worried he might tell EDD I quit when they contact him.
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Logan Stewart
i had the EXACT same thing happen to me last fall lol. gave notice, changed my mind, boss was like 'nah too late' and then i got let go. EDD approved me but i had to do the phone interview thing first where they ask u a bunch of questions. just be honest about everything
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Ruby Knight
•That's good to hear they approved you! How long did the phone interview process take? I'm really nervous about having a gap in income.
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Mikayla Brown
You QUIT!!! It doesn't matter if you changed your mind, you still initiated the separation. I went through this EXACT situation in 2023 and EDD denied my claim because I was the one who started the process. They don't care if you tried to stay. Once you gave notice YOU broke the employment relationship. I had to appeal and still lost even with a lawyer. Don't waste your time!!!
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Diego Castillo
•Actually, that's not entirely correct. EDD considers the final action that led to the separation, not just who initiated it first. If the employee genuinely withdraws their resignation before the effective date, and the employer rejects that withdrawal and proceeds with termination, it's typically considered a discharge rather than a voluntary quit. Your situation may have had different specific circumstances that led to the denial.
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Sean Matthews
I work in HR and deal with EDD claims regularly. This is considered a "voluntary quit with good cause" situation in many cases. Since you withdrew your resignation before the effective date, and your employer is now forcing you out, EDD will likely consider this as the employer initiating the final separation. During your eligibility interview, emphasize that you attempted to continue employment but were denied. Document everything - dates you gave notice, when you withdrew it, and your employer's response. Don't use the word "quit" when describing your situation to EDD - frame it as "I withdrew my resignation but my employer chose to terminate my employment effective May."
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Ruby Knight
•This is really helpful, thank you! Should I ask my employer to provide a separation letter stating the reason for termination? Would that help my case?
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Ali Anderson
When you file, make sure to explain this EXACTLY as it happened. The timing matters a lot. When EDD calls your employer to verify (and they will), if your story doesn't match what your employer says, it can delay your claim for weeks while they investigate. I had a similar situation last year and couldn't get through to anyone at EDD for 2 months! I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD agent in about 20 minutes. They have a video demo here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Saved me tons of frustration trying to get someone to review my claim details.
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Ruby Knight
•Thanks for the tip! I've heard the EDD phone lines are nearly impossible to get through. If I run into issues I'll definitely check out that service.
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Zadie Patel
hey not to get off topic but is $24/hr really that low for maintenance work?? im making $19.50 and my boss acts like hes doing me a favor lol. maybe i need a new job too
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Ruby Knight
•Depends on your area and experience honestly. I'm in Southern California with 8 years experience and specialized HVAC certification, so yeah $22 was definitely below market. But $19.50 might be okay depending on where you are and what specific maintenance you do.
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A Man D Mortal
When u file ur claim theres a section where u can explain the situation. Make sure u write down EXACTLY what happened with dates!! i had to go thru 3 eligibility interviews when i applied last month cuz my boss kept saying different things to edd than what actually happened. bring any texts or emails showing u tried to stay that will help!!!!!
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Sean Matthews
•This is excellent advice. Documentation is crucial in these cases. Save all emails, text messages, or any written communication about your resignation and withdrawal. If conversations happened in person, send a follow-up email summarizing what was discussed to create a paper trail. EDD puts substantial weight on documentation during disputed separations.
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Mikayla Brown
Wait until the end of May to file your claim! If you file now they'll deny you because you're still working. And get EVERYTHING in writing from your boss about them not accepting your withdrawal of resignation. Without proof they'll side with the employer every time!!! The system is rigged against workers!!
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Diego Castillo
•You're right about waiting until after the separation occurs to file - you can't claim benefits while still employed. However, EDD doesn't automatically side with employers. They gather facts from both parties and make determinations based on unemployment insurance laws. Documentation definitely helps, but even without written proof, a claimant's consistent and detailed verbal account can be sufficient in many cases.
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Logan Stewart
also dont forget about the waiting week thing, u wont get paid for the first week after u file so plan for that
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Ruby Knight
•Oh yeah, I forgot about the waiting week. Thanks for the reminder! I'll make sure to have some savings to cover that period.
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Sean Matthews
One more important point: make sure you meet the earnings requirement to qualify for UI. You need to have earned at least $1,300 in your highest-earning quarter during your base period, or at least $900 in your highest quarter and 1.25 times that amount across the entire base period. Based on your hourly wage, you should easily qualify if you've been working consistently, but it's something to be aware of. Also, start your work search requirements immediately after filing - EDD requires three work search activities per week for most claimants now.
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Ruby Knight
•I've been at this job for 3 years full-time, so I should definitely meet the earnings requirement. The work search activities - does applying for jobs online count? Or do I need to do in-person applications too?
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