EDD eligibility confusion with W-2 job loss while having 1099 contracts - interview scheduled
I'm in a tricky situation and have an EDD interview coming up in a few days. I was laid off from my full-time W-2 position last month after working there for over 6 years. This job covered my mortgage and main living expenses. The problem is that I also have two small 1099 contract gigs that I didn't mention in my initial EDD application. I honestly didn't think about including them since they're very minor compared to my main income (like 15% of what I was making at my main job combined). Now I'm freaking out about the upcoming eligibility interview. Will they disqualify me completely because of these side contracts? Should I come clean during the interview? I definitely don't want to commit fraud, but I'm also desperate since my main source of income is gone and these small gigs barely cover groceries, let alone my mortgage payment. Does anyone know how EDD handles partial unemployment with 1099 income? Will I have to pay everything back if I start reporting the 1099 work now?
22 comments


Salim Nasir
OMG same thing hapnd to me but in reverse!! i had 1099 then got part time w2. the interview is scary but just TELL THEM EVERYTHING dont hide ANYTHING they will find out anyways
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Quinn Herbert
•Did they reduce your benefits a lot because of the part-time work? That's what I'm worried about... these contract gigs are barely anything but I'm afraid they'll use it as an excuse to deny me completely.
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Hazel Garcia
You need to report ALL income to EDD, including your 1099 work. During the eligibility interview, be upfront about the contract work. This is not necessarily going to disqualify you - it's called "partial unemployment." Each week when you certify, you'll report any income earned from your 1099 contracts, and they'll reduce your weekly benefit amount accordingly. You should definitely clarify this during your interview. Better to address it now than have them discover it later through tax records matching, which could result in an overpayment determination or worse, potential fraud penalties.
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Quinn Herbert
•Thank you for this explanation. Do you happen to know how they calculate the reduction? Like if my weekly benefit would be $450 without the 1099 work, and I make $200 in a week from my contracts, would they just subtract that amount?
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Laila Fury
Be 100% honest in your interview! I made the mistake of not reporting all my income right away and ended up with a NIGHTMARE overpayment situation plus a 5-week penalty assessment. EDD has access to tax records and they WILL cross-check your income eventually. For partial unemployment with 1099 work, you report your gross earnings (before expenses) for the week you performed the work, not when you get paid. They'll reduce your benefit by subtracting part of your earnings. You can earn up to $25 or 25% of your weekly benefit (whichever is higher) with no reduction. After that, they subtract dollar for dollar.
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Quinn Herbert
•Oh wow, I didn't know about the 25% rule. So if my benefit is $450, I could earn up to $112.50 before they start reducing my benefit? That's actually more generous than I expected.
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Geoff Richards
u dont have to worry so much. my cousin had same thing and still got approved. EDD just wants to know your current situation. they might lower your payment a little but at least you still get something instead of nothing
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Simon White
You're dealing with what's officially called "partial unemployment" in EDD terms. Here's what will happen during your interview: 1. You'll need to explain when you started these 1099 contracts (before or after your W-2 job loss) 2. They'll ask about the hours and income from these contracts 3. You'll need to report your gross earnings when certifying The formula is: They subtract 25% of your weekly benefit amount from your earnings, then subtract that result from your weekly benefit amount. So if your WBA is $450 and you earn $200, they subtract $112.50 from $200 = $87.50, then subtract that from $450, giving you $362.50 for that week. Be honest in the interview, bring documentation of both your job loss and your 1099 work, and you should be fine. The system is designed to help people in your exact situation.
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Hugo Kass
•This is WRONG! EDD subtracts dollar for dollar after the first 25% of your benefit amount! They don't give you some magical deduction on your earnings. I learned this the hard way and had weeks where I earned just over the threshold and got almost nothing from EDD. The system is NOT designed to help - it's designed to pay as little as possible!!
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Simon White
•You're absolutely right - I apologize for the error. Let me clarify: You can earn 25% of your WBA without reduction. After that, benefits are reduced dollar-for-dollar. So in the example with a $450 WBA, you could earn up to $112.50 with no reduction. If you earn $200, your benefit would be reduced by $87.50 ($200-$112.50), resulting in a $362.50 payment for that week. Thanks for the correction.
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Nasira Ibanez
My brother went through something similar except he had 3 different 1099 gigs when he lost his main job. He said they just wanted proof of when he started each contract and how much he was making. As long as you're honest about everything now, I think you'll be fine. Just don't go in acting super nervous like you did something wrong because that might make them suspicious.
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Khalil Urso
Has anyone tried using Claimyr to reach EDD for this type of situation? I had a somewhat similar situation and was getting nowhere trying to call EDD directly - always got the "we're experiencing high call volume" message. I used Claimyr.com and got through to an agent in about 20 minutes who explained everything about partial unemployment and 1099 reporting. They have a video demo if you want to see how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep told me that as long as I was upfront about the 1099 work going forward, they wouldn't penalize me for an honest mistake on the initial application. They just adjusted my benefit amount accordingly.
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Quinn Herbert
•I've been trying to call EDD for days with no luck. Does this Claimyr thing really work? I'm desperate to talk to someone before my interview so I can understand exactly what I need to bring and how to explain my situation.
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Khalil Urso
•Yeah, it actually works. I was skeptical too but I got through in less than half an hour. The rep I talked to was really helpful and explained exactly how partial unemployment works with multiple income sources. Definitely worth it to get clarity before your interview.
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Hazel Garcia
One important thing to note: make sure you're reporting your 1099 earnings correctly during certification. You need to report the gross amount (before expenses or taxes) for the week you PERFORMED the work, not when you got paid. This is different from W-2 income reporting. Also, bring documentation to your interview showing when you started these contracts and how much you typically earn. The more prepared you are, the smoother it will go. And remember that the EDD interviewer is just trying to determine your proper benefit amount - they're not looking to "catch" you unless they suspect intentional fraud.
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Quinn Herbert
•That's really helpful, thanks. One of my contracts pays very irregularly (sometimes 45-60 days after I submit my work), so I'll be sure to track when I actually do the work rather than when I get paid.
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Hugo Kass
THE SYSTEM IS BROKEN! I had almost identical situation - lost my main job but had a tiny 1099 gig. EDD flagged my entire claim, put me through TWO interviews, made me wait 8 WEEKS with no income, and then reduced my benefit by more than what I was actually making from the contract work. They use a weird calculation that penalizes you for working at all!!! I literally would have been better off turning down the contract work entirely! Be prepared for a LONG wait and ZERO income during this process. They don't care if you can't pay your mortgage!!!
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Simon White
•I'm sorry you had such a difficult experience. The calculation isn't supposed to penalize you for working - it's supposed to encourage part-time work while on unemployment. The formula allows you to keep the first 25% of your weekly benefit amount in earnings with no reduction. It sounds like there might have been other issues with your claim beyond just the 1099 work that caused the extensive delays.
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Hugo Kass
•That's what everyone SAYS but it's not how it ACTUALLY WORKS! My sister had the exact same experience. The 25% thing sounds nice in theory but they always find ways to pay you less. And the DELAYS are ridiculous! Even if they eventually approve you, how are you supposed to survive for 2+ months with NO INCOME???
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Laila Fury
Update us after your interview! I'm curious how it goes because I'm in a similar situation. My understanding is that as long as you're honest going forward and explain that you didn't realize you needed to report the 1099 work initially, you should be okay. They might reduce your weekly benefit amount based on what you earn from the contracts, but you should still qualify for something if your main job was providing most of your income.
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Quinn Herbert
•I definitely will! My interview is scheduled for Thursday. I'm gathering all my documentation now - termination letter from my main job, 1099 contracts, recent payment information for the contract work, etc. Really hoping this goes smoothly.
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Jamal Brown
I went through almost the exact same situation last year! Lost my full-time W-2 job but had been doing some freelance graphic design work on the side that I initially forgot to mention. I was terrified about the interview too, but honestly being upfront about it was the best decision. Here's what helped me: I prepared a simple timeline showing when I started each 1099 contract (both were before my job loss), brought copies of the contracts, and had a rough estimate of monthly earnings from each. The interviewer was actually really understanding when I explained that I didn't think to include them initially because they were such a small part of my income. They did reduce my weekly benefit amount, but I still qualified and have been receiving partial unemployment for months now. The key is being honest and showing that you're actively looking for full-time work to replace your main income source. Good luck with your interview - you've got this!
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