EDD eligibility interview after quitting job that refused to pay me - constructive discharge?
I'm so stressed about my upcoming EDD phone interview this Friday! I left my restaurant management position after 3 months because the owners literally never paid me a single paycheck despite working 50+ hours weekly. Every payday was a new excuse - 'system issues,' 'waiting on investors,' 'accounting errors.' I sent multiple formal requests for my wages via email and text (which I saved). When I finally told them I couldn't continue working without pay, they basically shrugged and said 'sorry to hear that.' I filed a wage claim with the labor board, refused their insulting $650 settlement offer (I was owed over $8,500), and eventually got an attorney who helped me recover most of my unpaid wages. Now EDD is calling for an eligibility interview and I'm terrified I'll be denied benefits because I technically quit. How should I explain this situation during my phone interview? Is there some kind of exception for when an employer forces you to quit by not paying you? I feel like this shouldn't count as a voluntary quit when they weren't fulfilling their basic legal obligation to pay me!
22 comments
CosmicCruiser
You should be fine. This situation falls under what's called 'constructive discharge' or 'good cause' for leaving employment. When your employer fails to pay you, that's considered a material breach of the employment agreement. Be sure to explain clearly that you quit BECAUSE they repeatedly failed to pay you despite multiple requests. Have documentation ready during your interview - copies of your wage claim filing, any emails requesting payment, text messages, etc. The EDD interviewer will likely ask if you took reasonable steps to resolve the situation before quitting, so emphasize that you repeatedly asked for your wages before leaving. This type of situation is actually specifically covered under EDD regulations as good cause for voluntary quit.
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Mateo Hernandez
•Thank you so much! 'Constructive discharge' - that's exactly what I needed to know. I have all my payment requests saved plus documentation from my wage claim and settlement. I'll make sure to emphasize I tried to resolve it multiple times before giving up. This makes me feel so much better going into Friday's interview!
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Aisha Khan
omg this EXACT same thing happened to me at a startup last year!!! they kept promising the 'funding round was almost closed' but never paid me for 6 weeks. i quit and got denied benefits initialy but won on appeal. make sure u mention u had no choice and it was THEM who broke the employment contract not u. good luck!!
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Ethan Taylor
•This is terrible advice. EDD doesn't care about 'employment contracts' - California is an at-will state. The only thing that matters is if you had good cause to quit, not some made-up contract breach argument. Stick to the facts about non-payment.
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Aisha Khan
•um excuse me but that's literally what I meant? not being paid IS good cause. and the EDD judge at my appeal hearing specifically used the phrase 'breach of employment agreement' so maybe check ur facts before being rude
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Yuki Ito
During your interview, focus on three key points: 1) You made multiple attempts to get paid before quitting, 2) Working without pay made continuing employment impossible, and 3) You took proper legal channels afterward (wage claim, attorney). This clearly qualifies as "good cause" under EDD regulations. Have you been certifying for benefits while waiting for this interview? Make sure you're completing your bi-weekly certifications even before your eligibility is determined. Also, make sure you're meeting work search requirements by applying to at least 3 jobs per week while collecting benefits.
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Mateo Hernandez
•Yes, I've been certifying regularly since filing my claim about 3 weeks ago. Everything shows as pending right now. I'm definitely meeting the work search requirements too - applying to at least 5 jobs weekly and keeping detailed records. Thanks for the structure on what to focus on during the interview!
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Carmen Lopez
this is why I always tell ppl NEVER QUIT just let them fire u... smh
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CosmicCruiser
•This is actually harmful advice in situations like this. Working without pay is illegal and no one should continue working for an employer violating labor laws. The EDD recognizes certain situations where quitting is justified, and non-payment of wages is one of the clearest examples of good cause.
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Andre Dupont
Try calling EDD before your interview to see if you can get an agent to note your account with the details of your situation. Getting through to EDD is nearly impossible though - I spent 2 weeks calling constantly and never got through. I finally found a service called Claimyr that got me connected to an EDD rep within 15 minutes. They have a demo video of how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Their website is claimyr.com. I was skeptical but it actually worked and saved me days of frustration. Might be worth it to talk to someone before your interview to understand exactly what they're looking for.
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Mateo Hernandez
•I've been trying to call EDD all week with no luck! Constant busy signals or the "we're experiencing high call volume" message. I'll check out that service - at this point I'd try anything to get some clarity before Friday.
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Aisha Khan
•i used this too! totally worth it to avoid the phone nightmare
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Ethan Taylor
Print out Section 1256-30 of the California Unemployment Insurance Code and have it ready during your interview. It specifically addresses constructive discharge situations including cases where an employer fails to pay wages. The relevant part states that when an employer fails to pay agreed-upon wages, this constitutes a substantial breach of the employment agreement sufficient to establish good cause for leaving. Highlight this section and reference it directly when they ask why you left. Being specific about the regulation will show you've done your homework.
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Mateo Hernandez
•This is incredibly helpful! I just looked up that section and it describes my situation perfectly. Having the specific regulation to reference will definitely make me more confident during the interview. Thank you!
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QuantumQuasar
The EDD system is COMPLETELY RIGGED against workers!!! I bet they'll still try to deny your claim even though it's OBVIOUS you had good cause. They denied mine when my boss was literally screaming at me daily and throwing things at employees!!! Had to fight for 3 months to get benefits I deserved. The system is designed to reject first and make you appeal. DOCUMENT EVERYTHING and don't take NO for an answer!!!!!
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Yuki Ito
•While the EDD system can be frustrating, they do follow specific guidelines for determining eligibility. Non-payment of wages is one of the clearer cases of good cause, unlike workplace environment issues which can be more subjective. The key is understanding what documentation they need and how to frame your explanation.
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QuantumQuasar
•Oh please! Tell that to all the people posting in here about being wrongfully denied every day! The whole system is broken and EVERYONE knows it. They AUTOMATICALLY reject claims to save money hoping people don't appeal.
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Carmen Lopez
wut industry was this? just curious cuz sounds like my friends restaurant situation
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Mateo Hernandez
•It was a new upscale restaurant/bar that had just opened. The owners had other businesses but this was their first restaurant venture. From what I've heard since leaving, they've had a revolving door of managers because of the payment issues.
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CosmicCruiser
One more important tip: when the interviewer asks why you left your job, start your answer with "I left because my employer failed to pay me for 3 months despite multiple requests." Be direct and clear from the start. Don't begin with "I quit because..." or "I resigned because..." as that language can sometimes trigger automatic disqualification flags in their system. Focus on the employer's action (failure to pay) rather than your response (quitting). This framing matters in how they code your case.
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Mateo Hernandez
•Thank you for this advice! I'll definitely be careful with my wording and emphasize their failure to pay rather than my quitting. Would it help to mention the successful wage claim outcome as evidence that the state already determined they were in the wrong regarding my pay?
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CosmicCruiser
•Absolutely! The successful wage claim is excellent supporting evidence that the state has already recognized your employer was at fault. Definitely mention this and have the case number ready.
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