EDD says I was 'available to return to work' as a teacher's aide - now facing 2021 overpayment after interview

OMG YES appeal THIS notice right away!!! Don't wait for an overpayment notice. The determination notice you got is what establishes your ineligibility, and that's what you need to appeal. You only have 30 days from the mail date on that notice to file your appeal. If you wait for an overpayment notice, it might be too late to challenge the underlying determination. I work in a similar situation (school cafeteria) and fought this same battle. EDD has this rule about "reasonable assurance" for school employees - basically if your employer says you had assurance of returning next term, they try to deny benefits during breaks. But during COVID when schools were completely closed, this shouldn't have applied! In my case, I won my appeal by showing documentation that proved no one had any idea when/if schools would reopen normally.

the reasonable assurance rule is specificaly for the summer break not for whne schools actually close down permannetly or for indefinite time. ur case is differnt bc covid closed everything. but yeah FILE THE APPEAL NOW don't wait for anything else!!!

Appeal the notice you received immediately. The determination notice establishes your disqualification from benefits, and that's what will lead to any overpayment. You have a limited time to appeal (30 days from the mail date on the notice). The issue you're facing relates to California Education Code sections and how they interact with unemployment eligibility. School employees often face unique challenges with unemployment due to the "reasonable assurance" provisions. However, during COVID-19 school closures, many of these determinations were handled incorrectly because the circumstances were unprecedented. When you appeal, focus on these key points: 1. The lack of definitive return date during COVID closures 2. The uncertainty that existed regarding when/if schools would reopen 3. Any documentation showing the district's uncertainty (emails, announcements, news articles) 4. The difference between typical summer/holiday breaks and the COVID emergency closure Be prepared to demonstrate that you had no reasonable assurance of returning to the same position with the same hours and pay. Don't wait for the overpayment notice - by then you might miss the appeal deadline for the underlying determination.

Just gonna throw in my 2 cents - EDD messed up my claim too last year (not school related tho). I spent WEEKS trying to reach someone by phone and kept getting that stupid message saying too many callers, call back later. Super frustrating!!! Finally my cousin told me about this service called Claimyr that got me through to a real EDD agent in like 20 minutes. Definitely worth checking out at claimyr.com - they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Might be worth talking to someone at EDD directly before your appeal to see exactly what their reasoning was. Sometimes the notices don't explain everything clearly.

CAREFUL!!!! EDD is notorious for changing their minds and making horrible decisions. I'd definitely appeal but get an advocate if possible. When I worked at an afterschool program they tried to say the same thing to me about "reasonable assurance" during covid but that's absurd because NOTHING was assured during the pandemic!! The whole point of ui is to help when theres no work and there was definitely no work!!!! The system is rigged against school workers I swear.

I had the exact same thing happen but for 2020 benefits. Teacher's aide too! My appeal was successful because I argued that during COVID there was no "reasonable assurance" of returning to work - which is the legal standard they use for school employees. Gather ANY emails or communications from your district during that time that show uncertainty about reopening plans. Definitely appeal this determination letter ASAP - don't wait for an overpayment notice. You have a limited window to appeal the eligibility decision. Also, even if you end up with an overpayment, you can request a waiver if repaying would cause financial hardship. Documentation is key - start organizing everything now!

One more thing - at your appeal hearing (if it gets to that point), be very clear about the difference between a normal school year break (summer/winter) and what happened during COVID. Normal breaks have expected return dates. COVID closures had no definite return plan, which is why you legitimately needed unemployment. That distinction really matters for school employees.

i had a smiliar thing happen in my old school district job but it wasnt about covid it was about summer break. edd is super weird with school employees. ended up having to repay like $3000 but i got on a payment plan for like $25/month lol. will take forever to pay back but at least they didnt take it all at once

To clarify the legal aspects here: you need to appeal the determination notice within 30 days. Once appealed, you'll eventually have a hearing with an Administrative Law Judge. For your specific situation, you need to focus on California UI Code 1253.3(b) which covers school employees. The key is proving you did NOT have "reasonable assurance" of returning to work in the same capacity. For your appeal and hearing preparation: 1. Gather any district communications showing uncertainty about reopening 2. Document any changes in your position, hours, or pay when schools eventually reopened 3. Get statements from supervisors if possible about the uncertainty during that period 4. Prepare a timeline showing how the COVID closure was different from normal breaks 5. Research any Department of Labor or EDD guidance specific to COVID school closures Finally, even if you lose the appeal, you can request a waiver of overpayment if repayment would cause financial hardship. You would need to complete DE 1446W form for that process.