EDD says employer needs more time after interview - Do they really only have 48 hours to respond?

EDD says 48 hours but in reality employers can take FOREVER and nobody does anything about it!!! I waited 6 WEEKS because my former employer kept 'needing more time' and EDD just let them. They're supposed to make a decision based on available info if employer doesn't respond but they rarely do. Keep certifying every two weeks even while waiting!!

6 WEEKS??? Omg I can't wait that long! Did you call EDD during that time or just wait it out?

The 48-hour deadline isn't as strict as it sounds. What actually happens is that EDD requests information from employers, and while they should respond within 48 hours, there's a longer period (typically 10 business days) before EDD moves forward without their input. In your case of accidental overcharge, they're trying to determine if this qualifies as misconduct. Since there wasn't a clear warning period between write-up and suspension, you might have a decent case. Make sure you continue certifying for benefits every two weeks while waiting for the decision.

Thanks for explaining! That makes sense but still frustrating. I'm definitely certifying each week. Do you think the quick suspension after the write-up helps my case?

Yes, it could help. For a termination to be considered misconduct, they typically need to show you violated a known policy and had warnings/opportunities to correct the behavior. The quick progression from write-up to suspension to termination might work in your favor since you weren't given reasonable time to improve after the warning.

same thing happend 2 me last yr... my boss took like 3 week to respond and i was freaking out the hole time lol. they fired me for till shortage but i got approved eventually cuz it was just a mistake not stealing

That gives me some hope! My situation was definitely a mistake too, not intentional at all. Was your claim status

yep pendng the hole time... sucked but the money came eventualy with backpay

I used to work for a company that processed unemployment claims for employers. The 48-hour thing is more of a courtesy timeline. In reality, employers have around 10 days to respond, and even then, if they ask for an extension, they often get it. Since this was a single mistake (processing card twice), not willful misconduct or pattern of negligence, you have a good case even if they respond. Keep certifying and make sure UI Online shows your phone number is correct for when they need to call you with questions.

This is helpful but I hate how the system favors employers so much. They can take their sweet time while we're struggling to pay bills. It's ridiculous that someone can get fired for ONE MISTAKE and then have to wait weeks for benefits that they've earned!

If you're tired of waiting and need to speak with an EDD representative about the status of your claim, I recommend using Claimyr. After my employer delayed responding for weeks, I was desperate to get answers. Claimyr helped me get through to an EDD agent when I couldn't get past the 'max callers reached' message for days. They'll call EDD for you and connect you when an agent is on the line. I watched their video demo (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km) and the service worked exactly as promised. The EDD agent I spoke with was able to see notes on my account and gave me more info than the website showed. Check out claimyr.com if you're stuck waiting.

I've never heard of this service before! I'll check out the video. Did the EDD rep you reached actually give you useful information or just tell you to keep waiting?

The rep actually told me what was happening with my claim - there were notes in the system I couldn't see online. They told me exactly what info they were waiting on from my employer and gave me a realistic timeline. Way better than checking UI Online obsessively and seeing no updates.

Honestly the timeline stuff is all over the place depends who ur interviewer is. Mine was super nice and just approved me on the spot even tho my employer hadnt responded yet. She said since it was a first-time mistake with no prior issues they usually rule in the employees favor unless the employer proves gross negligence or something.

Wow, you got lucky with your interviewer! Mine seemed nice enough but definitely wasn't making any decisions on the spot. Really hope they rule in my favor too.

UPDATE?????? Did you get approved yet????????

Just got the decision letter today - I was APPROVED! The EDD determined it was not misconduct since it was an isolated mistake and the company didn't follow their own progressive discipline policy. All those weeks of stress for nothing! Thanks everyone for your help and support through this.