EDD reporting requirements for infrequent W2 work - on-call or terminated?
I'm having trouble figuring out how to correctly report my employment status to EDD. I work for a company that only gives me occasional jobs (I'm W2, not independent contractor). For example, I worked 11 hours the week of 11/17, but I'm not scheduled again until 9/9. When certifying, should I say I'm still employed (on-call) or that I no longer work for this employer? I typically only get 2-3 jobs per month max, sometimes nothing for weeks. I'm worried about making a mistake that could affect my benefits or trigger an eligibility interview. Has anyone dealt with this irregular W2 work situation?
17 comments
Charity Cohan
I had the exact same issue last year with my event staffing job! You should report that you're still employed but on-call or part-time. On your certification, report the hours/wages during weeks you actually work, and when it asks if you're still working, select YES. Even if you only work occasionally, you're still technically employed. Just make sure to report ANY earnings for the weeks you do work - don't try to average it out or anything.
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Jean Claude
•Thanks for the advice! So even though there's literally months between assignments sometimes, I should still say I'm employed? Just want to make sure I don't mess up my certification.
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Josef Tearle
ur overthinking this. just mark still employed and report when u work. they only care about the $ u made during each specific week ur certifying for. dont mark terminated unless they actually fired u or told u theres no more work.
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Shelby Bauman
•^^^^ this is correct advice! I work seasonal and do EXACTLY this. EDD understands on-call and variable work schedules.
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Quinn Herbert
This is actually a common situation with EDD claims. The correct approach is to indicate you are still employed but working reduced hours. Here's specifically what to do when certifying: 1. Answer "Yes" to the question about still working for an employer 2. Report any wages ONLY for the weeks you actually performed work 3. When asked about your work status, select "Part-time" or "On-call" 4. Make sure you're available for full-time work in case EDD offers job search assistance This situation isn't considered job separation, so you shouldn't report that you no longer work for them unless they formally terminate you or tell you there's no more work available.
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Jean Claude
•This is really helpful - thank you! One more question: if I take a job with the same employer in September, do I still need to report looking for work for all the weeks in between when I have no assignments?
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Salim Nasir
BEWARE!! I had this same situation & marked 'still employed' but then got hit with an eligibility interview because my employer reported I was terminated after my last assignment!!! Now I'm fighting an overpayment notice for $4,280!!! Make SURE you know exactly how your employer classifies you!!!
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Jean Claude
•Oh no, that's exactly what I'm afraid of! Did you end up getting it resolved? Should I just call my employer and ask them directly how they classify me?
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Charity Cohan
@OP - Yes, definitely call your employer and ask how they classify you! That's the safest approach. And @angrycat - if you're fighting an overpayment, have you been able to get through to EDD? I had a similar issue and tried calling for WEEKS with no luck, kept getting the "we're experiencing high call volume" message.
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Salim Nasir
•I used a service called Claimyr (claimyr.com) that got me through to an EDD agent in about 20 mins after trying on my own for days. They have this video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It was the only way I could actually talk to a human at EDD who could explain the overpayment notice and start my appeal process.
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Hazel Garcia
This is precisely why California's unemployment system needs major updates to accommodate modern work arrangements. To answer your question directly: You should report as "still employed" with reduced hours if you have a reasonable expectation of continued work with this employer, even if sporadically scheduled. However, you should also document everything. Keep emails or text messages about assignments, take screenshots of your work schedule when it's published, and ask your employer for written clarification about your employment status. This will protect you if there's ever a discrepancy between what you report and what your employer reports to EDD.
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Jean Claude
•Thank you! I just emailed my supervisor asking for written clarification on my employment status. You're right about documenting everything - better safe than sorry.
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Laila Fury
I'm in almost the identical situation! Event tech work, sometimes 20hrs a week, sometimes nothing for a month or more. My employer considers me "active" in their system as long as I take at least one shift every 90 days, so that's how I report it to EDD. Maybe your company has a similar policy? Worth asking HR.
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Jean Claude
•That's actually really helpful to know! I think my company might have something similar. I'll definitely check with HR about any specific policies they have for irregular workers like me.
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Shelby Bauman
just remembr to report ANY wages during the weeks u actually work. even if its just 1 hour. edd matches ur reported earnings w/ what employer reports so thats where ppl get in trouble, not the employment status part
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Quinn Herbert
One additional thing to remember - you still need to meet the work search requirements for each week you certify, even during weeks when you have no assignments from this employer. Make sure you're doing and documenting your work search activities (applying to jobs, networking, etc.) so you don't run into eligibility issues later.
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Jean Claude
•Good point! I've been keeping a spreadsheet of all my job applications just to be safe. Thanks for the reminder!
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