How long does employer have to deny unemployment in California EDD?

So 10 days from when EDD sends them the notice, not from when I filed? Because I filed like 10 days ago already. Does EDD send that notice right away or does it take a while?

EDD usually mails the DE 1101CZ pretty quickly after the claim is filed, often within a few business days. So if you filed 10 days ago, the employer may already be at or near their response window. The pending status on your UI Online doesn't necessarily mean the employer responded - it could just be normal processing time.

this is really helpful info, i wish i had known this when my employer tried to fight my claim last year

Did your claim end up going to adjudication even with the layoff reason? Mine still just says pending and I'm paranoid something is wrong.

mine went to adjudication for about 3 weeks then got approved. the pending status is pretty normal for the first couple weeks honestly. just keep certifying every two weeks and don't miss any certification deadlines

Wait so they actually get you through to a live EDD agent? Because I've tried calling three times and just get the 'we are experiencing high call volume' message and it hangs up on me.

Yeah that's exactly what it does. The callback thing means you're not stuck on hold forever. I was skeptical too but when you're waiting on adjudication and need actual answers it's worth it.

sounds too good to be true lol but maybe ill try it my claim has been sitting for 6 weeks

what counts as misconduct though because my employer is claiming i was fired for attendance but i have documentation showing i had approved FMLA leave for those absences

That's a different situation and you should absolutely get that documentation together. FMLA-protected absences cannot legally be used as grounds for termination and would be very hard for an employer to use as a disqualifying reason for UI. Keep every document - approval emails, doctor notes, anything in writing.

ok good thank you. my claim is in adjudication right now and i was so stressed thinking they could just say anything and win

This is making me feel slightly better and slightly worse at the same time lol. So even if they do contest it doesn't mean I lose, it just delays things?

exactly. if its a real layoff and you reported it accurately you should be fine just might take 4-6 weeks instead of 2-3

You're right to flag this. Adjudication = EDD is investigating and hasn't made a decision yet. An appeal = you (or the employer) disagree with a decision that's already been made and are requesting a hearing before the California Unemployment Insurance Appeals Board (CUIAB). Very different stages with different timelines and processes.

Ok that makes way more sense. So if my claim is in adjudication I shouldn't even be thinking about appeals yet, I'm just waiting for EDD to decide?

Correct. Most claims never even reach the appeals stage. Adjudication is just a review process and the majority end in approval especially for standard layoffs.

Oh wow I didn't know you could ask that specifically. Now I really need to actually get through to someone on the phone.

yeah its hit or miss getting through. i spent like 3 mornings trying before i got someone. call right when they open at 8am on tuesday or wednesday those tend to be slightly less slammed

tuesday morning tip noted. been trying to get through for weeks

Constructive dismissal is something I've heard of but didn't know EDD recognized it. That's really good to know.

yeah it's a real thing in California unemployment law. if your employer makes your working conditions so bad you had no reasonable choice but to leave, that can count as a layoff for UI purposes. took 6 weeks and i was sweating the whole time but it worked out

this is a good reminder that adjudication isn't automatic denial, EDD actually does investigate both sides

the system seems designed to make you feel like you're going to lose but honestly the majority of valid claims get approved even when employers contest. hang in there

thank you. still stressful but at least i understand the process better now

Pending can mean a few things - sometimes it's just normal processing before a determination, sometimes it indicates adjudication is happening. If you see a separate section in UI Online showing an 'issue' or 'pending issue' that's usually a clearer sign that your claim is under adjudication review. But honestly the UI Online statuses aren't super transparent - calling EDD is the most reliable way to know exactly where your claim stands.

ugh of course calling is the answer and calling is impossible. i've tried probably 15 times this week

this is exactly the situation where Claimyr made a huge difference for me - claimyr.com - when you literally cannot get through on your own and you need to know your actual claim status. not having to guess what 'pending' means and actually hearing it from an agent is worth a lot when money is tight

EDD will investigate and may send you a questionnaire asking for your version of events - the DE 4365 or similar form. When you receive it, respond promptly and in detail. Include any documentation you have: layoff notice, severance paperwork, communications about the group reduction, names of coworkers laid off at the same time. A group layoff is very strong evidence that contradicts an employer's 'performance' narrative.

I did get a questionnaire in the mail last week but panicked and haven't filled it out yet. Is there a deadline??

Yes there is a deadline - usually 10 days from the mailing date. Fill that out ASAP and be thorough. Missing the deadline or submitting it late can significantly hurt your adjudication outcome.

Not automatically, but it does make things harder. Look through your email for anything work-related - shift cancellations, schedule changes, any mentions of reduced business. Check if you received a final paycheck stub that shows your last day. Any COBRA health insurance paperwork would also establish your separation date. Even text messages from your manager if you have them.

Oh I didn't even think about COBRA paperwork that's actually a good point. I did get something in the mail about that.

also if any coworkers were laid off at the same time they can potentially provide statements or be witnesses if it goes to appeal. you're not as documentation-poor as you think probably

Definitely not the end of the road. If EDD denies your claim you have 30 days from the date on the Notice of Determination (DE 1080CZ) to file an appeal with the California Unemployment Insurance Appeals Board (CUIAB). The appeals process involves a hearing before an Administrative Law Judge where both you and your employer can present evidence and testimony. A significant number of denials get overturned at appeal, especially when the claimant shows up prepared with documentation.

ok 30 days, writing that down. and i actually have to show up to a hearing or is it over the phone

Currently CUIAB offers both in-person and telephone hearings. Most claimants choose telephone. You'll get a notice with your hearing details well in advance. Take it seriously - review your documentation, organize your timeline, and be ready to explain your version of events clearly.

This is actually great advice. Even just for my own sanity I should probably do this. I keep second-guessing myself about what exactly was said when they let me go.

100% do it. write it out while its fresh. even things that seem minor can matter - was there a witness when they told you? did they give you any paperwork? what exact words did they use

doing this tonight honestly

Employers don't face direct financial penalties for contesting claims that get approved - it's not treated as bad-faith the way some people assume. However, employer UI tax rates in California are experience-rated, meaning the more successful unemployment claims paid out against them, the higher their UI tax rate. So there's an indirect financial incentive for them to fight claims regardless of merit, and not much downside to contesting even weak cases.

so basically the system gives employers every reason to contest everything and claimants bear all the stress and delays. cool cool cool

welcome to the California EDD experience lol

I felt this so hard when I was going through my own adjudication. Honestly the thing that finally worked for me was Claimyr - you go to claimyr.com and check the video at https://youtu.be/JmuwXR7HA10 to understand how it works. They basically handle the hold queue and call you back when a live EDD agent is available. It's genuinely the only way I was able to actually speak to someone and find out what was happening with my claim instead of just watching a 'pending' status for weeks.

Okay I'll look into this because I literally cannot keep spending my mornings redialing. I need to know if there's an issue with my claim or if it's just slow processing.

same boat here, the disconnections are infuriating. gonna try that site

Good news honestly. Employer protesting 'lack of work' layoffs without a misconduct angle is a really weak position for them. You're probably going to be fine.

This is a good outcome to share for the thread. The 10-day employer response window is real, employers do use it, and it doesn't automatically mean denial - it just means a slightly longer adjudication period. Keep certifying, document your job search activities, and you should see that back pay release once the determination comes through.

Thanks everyone. This thread genuinely helped me understand what was happening way better than the EDD website does. Will come back and update once adjudication is complete.

This is something I genuinely didn't know. I've been certifying but I wasn't 100% sure I was supposed to during adjudication. Really glad I didn't stop.

wait 3 employer contacts PER WEEK? i thought it was 3 total for the two week period

It's 3 per week, so 6 contacts per biweekly certification period. Make sure you're logging all of them with employer name, date, contact method, and position applied for. EDD can audit your job search records.