How to get out of fact finding unemployment - California EDD situation explained
Got laid off from my warehouse job about six weeks ago and filed right away. Everything seemed fine until I checked UI Online and saw my weeks stuck on Pending. Called the EDD line a few times and either couldn't get through or got disconnected. Then I got a notice in the mail - DE 4800 - saying EDD needs to do a phone interview with me because there's a question about my eligibility. My boss apparently told them something different about why I left, even though I was straight up laid off when they cut our whole department. Now I'm sitting here trying to figure out how to get out of this fact finding situation and whether there's anything I can do before the interview to make sure my side of the story is heard. I haven't gotten any payment at all yet and I've got rent coming up. Does anyone know what actually happens during one of those eligibility interviews? Do I need documents? Can I even get the pending weeks paid out if the interview goes my way?
92 comments

Sunny Wang
Fact finding stopped my payments for almost five weeks on my claim last spring, so I know exactly how stressful that limbo is. I used Claimyr (claimyr.com) to get through to an EDD agent after the hold music kept cutting me off - basically it handles the hold time and you end up on the phone with an actual live agent. There's a video they have on reaching a live person at EDD if you want to see what I mean: https://youtu.be/JmuwXR7HA10. When I finally got an agent, I asked why my specific weeks were still pending even though I'd already had my interview. She pulled up my account and told me the interviewer's notes hadn't been processed yet, and that my DE 429Z showed the correct weekly amount, so the claim itself was fine - it was just waiting on the eligibility decision. That cleared up a lot of my panic because I thought the whole thing was going sideways.
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Everett Tutum
AuthorOkay this is really helpful to know, especially the part about the notes not being processed yet. Did she say how long you had to wait after that before payments came through?
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Sunny Wang
Payments came through on my next certification cycle after that call. I can't promise that timeline for everyone but at least knowing it was just processing and not a denial helped me breathe a little.
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Hugh Intensity
DE 4800 is exactly what I got too before my fact finding interview. Good to know the agent can see that level of detail on your account.
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Effie Alexander
The interview itself is less scary than the name makes it sound. EDD is basically trying to reconcile what you said with what your employer said - they're not trying to trick you or catch you in anything. What matters is that you're clear and consistent about the timeline. You were laid off, your department was cut, that's what you say and you stick to it. If you have anything in writing - an email from HR, a termination letter, even a text message from a supervisor confirming the layoff - have it in front of you when the interviewer calls at the time listed on your DE 4800.
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Everett Tutum
AuthorI did get a text from my shift manager the day it happened saying the department was being eliminated. Would that actually matter if I bring it up during the call?
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Effie Alexander
Yes, mention it. You can't hand it to them through the phone obviously, but telling the interviewer you have documented evidence of the layoff is worth doing. If they want to see it, they'll tell you how to submit it.
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Melissa Lin
Written proof of a layoff is huge, especially when the employer is saying something different. Keep that text screenshot somewhere safe.
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Lydia Santiago
My situation was different - I quit my job, so my fact finding went differently than a layoff case would. But one thing I learned is that EDD actually interviews both you AND your employer separately, and they compare the stories. If your employer is claiming something that contradicts a straight department elimination, the interviewer is going to hear both sides and then make a call. The decision comes in the mail as a Notice of Determination. You have 30 days from the date on that notice to appeal if you disagree with how they ruled.
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Romeo Quest
Wait so they contact your employer too during this whole process? I didn't realize it was a two-sided thing.
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Lydia Santiago
Yeah EDD reaches out to the last employer when you file. That's usually why fact finding happens in the first place - the employer's response didn't match what you put on the application.
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Everett Tutum
AuthorThat makes sense now why I'm in this situation. My company probably submitted something that didn't line up with layoff language. My department elimination was real though so hopefully the interview fixes it.
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Val Rossi
FOUR WEEKS of pending here and I'm losing my mind. Nobody told me fact finding could drag on this long. I keep checking UI Online like it's going to magically change. The worst part is I certified on time both rounds and it still just says pending on every single week. How is someone supposed to pay bills while EDD takes forever to decide something that isn't even complicated??
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Effie Alexander
Pending during fact finding is unfortunately normal - EDD literally can't release those weeks until the eligibility question is resolved. Keep certifying no matter what. If the interview goes in your favor, all those certified pending weeks can be paid out at once.
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Val Rossi
So I should absolutely keep certifying even though nothing is showing as paid? I was about to stop because I thought it was pointless.
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Eve Freeman
Do NOT stop certifying. Stopping is the worst thing you can do in this situation. Every uncertified week is a week that cannot be paid back to you even if you win the eligibility decision.
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Clarissa Flair
Preparation-wise, the actual interview call comes at the specific time printed on your DE 4800. Keep your phone nearby starting a few minutes before that window - the interviewer will call at the scheduled time and if you miss it you need to phone EDD that same day to explain. Missing the interview without following up means EDD can make the eligibility decision just based on what they already have on file, which usually isn't great when there's a dispute with an employer.
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Everett Tutum
AuthorMine is scheduled for Thursday morning. I've got it in my calendar with reminders. Good to know I need to have my phone actually available, not just nearby-ish.
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Hugh Intensity
Also make sure you're somewhere quiet when the time comes. The interview is recorded and you want to be able to hear clearly and speak clearly.
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Romeo Quest
Does the interviewer leave a voicemail if they can't reach you or do they just move on?
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Clarissa Flair
Don't risk finding out - EDD's guidance is to be available at the time on the notice. If something genuinely goes wrong call EDD the same day and explain. They can try to reschedule but only if there's an open slot.
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Caden Turner
Sixth week without a payment on my claim right now - I'm in a similar boat where my employer disputed something. What I want to know is whether the fact finding interview is the same thing as an appeal hearing. Someone told me I should just go straight to appealing instead of doing the interview but that doesn't sound right to me.
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Effie Alexander
Those are two completely different steps. The fact finding interview happens before EDD makes its eligibility decision - it's their way of gathering information. An appeal is what you do after you get a Notice of Determination and you disagree with the ruling. You can't skip to an appeal before EDD has even decided anything.
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Caden Turner
Okay that's what I thought. So I do the interview first, wait for the determination letter, and if they deny me I appeal within 30 days of the date on that letter?
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Effie Alexander
Exactly right. And if they rule in your favor you never need to appeal at all - the pending weeks just get processed.
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Eve Freeman
My layoff happened right after I'd only been at the company for seven months, and I was worried that would cause a fact finding issue, but actually the interview went fine because the reason for separation was clearly not my fault. The interviewer was straightforward and just walked through the timeline - last day worked, reason given by employer, whether I had any advance notice. It took maybe fifteen minutes total. I had my termination paperwork nearby just in case but she didn't ask for it during the call.
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Everett Tutum
AuthorFifteen minutes is reassuring. I've been dreading this like it's going to be a two-hour interrogation.
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Melissa Lin
Mine was similar length. As long as your story is consistent and you're calm about it, it usually goes fast.
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McKenzie Shade
Honestly the fact finding process is EDD covering themselves legally, they have to get both sides before they can officially rule. What messes people up is when they get nervous and over-explain or contradict themselves. Keep your answers short and direct. You were laid off, your department was eliminated, you did not quit or do anything that caused the separation. Answer what they ask, don't volunteer extra stuff they didn't ask about.
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Romeo Quest
This is good advice. I had a friend who went into his interview and started explaining all this extra context about his job performance and I think it just confused things.
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McKenzie Shade
Exactly - more talking does not mean better outcome. Direct answers to direct questions.
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Val Rossi
EDD agents doing the interview are they like actual investigators or just regular phone reps?
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McKenzie Shade
They're eligibility interviewers, it's their specific job. Not investigators exactly but they're trained on exactly this kind of separation dispute.
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Melissa Lin
Eight days after my own fact finding interview last year the determination letter showed up in my mailbox. I'd certified for three weeks that were pending and they all paid out within a couple days of the approval. So the turnaround from interview to payment isn't always as long as people fear.
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Everett Tutum
AuthorEight days would be amazing. I've been mentally preparing for months of waiting so that's good to hear.
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Melissa Lin
Obviously everyone's case is different but for a clear-cut layoff where the only issue was employer response conflicting, it moved pretty quickly once the interview was done.
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Romeo Quest
Worth double-checking that your base period wages are solid so that when this resolves you know what to expect. The weekly amount is based on your highest-earning quarter in the base period and you can estimate it with the calculator on EDD's site. The actual amount gets confirmed on your DE 429Z, which should have come in the mail after you applied. If the amount on there seems wrong, that's something you'd address separately from the fact finding.
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Everett Tutum
AuthorI did get the DE 429Z and the amount looks right. At least that part isn't in question, just the actual eligibility question from the employer dispute.
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Romeo Quest
Good - then once the interview clears you, those pending weeks should pay at the amount already on that notice.
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Hugh Intensity
My employer submitted what I can only describe as a creative retelling of events when I was laid off too. What helped me was writing out a simple timeline before my interview - dates, what was said to me, who was in the room - just so I had it straight in my head. I didn't read from it during the call but having done the exercise made my answers cleaner and more confident.
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Everett Tutum
AuthorWriting a timeline is a great idea. I've been replaying it in my head but actually getting it on paper might help me feel more organized going into Thursday.
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Eve Freeman
I did the same thing. Even if you never look at the paper it helps you get the sequence clear before the call.
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Hugh Intensity
Exactly - and if you have that text from your shift manager, work that into your timeline so you remember to mention it at the right moment.
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Lydia Santiago
The waiting week thing confused me when I first got my determination - just want to flag it here because it's a common question. Every California UI claim has an unpaid first week, that's just built into the system. So even after everything gets sorted, the first week you're eligible for will show as a waiting week with no payment, and the actual money starts from the second week. It's not a penalty or a sign anything is wrong.
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Val Rossi
Ugh I had no idea about that. So even best case scenario one of my weeks just doesn't pay at all?
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Lydia Santiago
Every claim has it - it's served once per claim during the first eligible week. After that all your certified weeks are payable at the full weekly amount.
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Romeo Quest
The total weeks you can collect doesn't change because of it either - the waiting week doesn't eat into your 26 weeks.
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Harmony Love
Just gonna say - the hold times on EDD's phone line during all of this were absolutely brutal for me. I tried calling to ask about my pending weeks after my interview and spent literally over an hour just waiting before getting disconnected twice. If you absolutely need to talk to someone before your interview I'd suggest trying the live chat through the Help button in UI Online, it's open Monday to Friday 9 to 2.
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Everett Tutum
AuthorI've tried the chat twice - both times it said no agents available. Maybe I was hitting it outside those hours without realizing.
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Harmony Love
It does fill up fast, especially earlier in the week. Best bet is to try right when it opens at 9.
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Clarissa Flair
After the interview is done and while you wait on the Notice of Determination, keep certifying as normal on your regular schedule. I know the UI Online screen is frustrating when everything shows pending but that certification history is exactly what gets paid out if you win. Missing a certification during this wait is the one thing you have direct control over and it matters a lot.
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Val Rossi
So certify every two weeks on my normal schedule regardless of the pending status - got it. I was scared doing that was somehow going to mess something up.
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Clarissa Flair
Certifying is completely separate from the eligibility decision. It just records that you were available and looking for work during those weeks. EDD needs both the eligibility ruling and your certifications to release payment.
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Caden Turner
Does the certification question about work search activities matter more during fact finding? Like do they look at that more closely?
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Clarissa Flair
You just answer honestly each time you certify - same as always. The fact finding is about your separation reason, not your work search activities, those are two separate eligibility questions.
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Sunny Wang
The DE 4800 also lists the specific questions they're likely to ask you during the interview, which I did not realize until I actually read mine carefully. Worth going through that notice again if you have it - mine had a section that basically telegraphed exactly what the interviewer wanted to cover.
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Everett Tutum
AuthorI have mine right here and you're right - there's a section I glossed over that actually outlines the topic areas. Reading it more carefully now.
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Hugh Intensity
That's a good catch. The notice is worth reading in full, not just the date and time parts.
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Rudy Cenizo
My cousin went through this and panicked and stopped certifying for three weeks because she thought the whole thing was denied. She had to reopen her claim and those three uncertified weeks were just gone. Please anyone reading this - keep certifying, every two weeks, until you get a final answer in writing.
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Val Rossi
This is exactly the mistake I almost made. So glad I asked before I did that.
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Eve Freeman
Those weeks can't be recovered once they're missed. It's the most common and most painful mistake people make while waiting on a decision.
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Natalie Khan
Something that helped me was registering in CalJOBS and getting my resume up there early. EDD's notice about registering - the DE 8405 - said I had 21 days from that notice date to get it done or payments could be affected. Easy to overlook when you're stressed about the fact finding situation but it's a separate requirement that runs on its own clock.
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Everett Tutum
AuthorI actually did get a DE 8405 and did register in CalJOBS right away - at least that's one thing checked off. Good reminder for anyone reading who might have set that aside.
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Natalie Khan
Yeah, the two things run parallel - fact finding doesn't pause the CalJOBS deadline. The site is caljobs.ca.gov if anyone still needs to register.
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Romeo Quest
EDD's notice will tell you if you don't need to register, so if you didn't get the DE 8405 you're probably exempt from that requirement.
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Melissa Lin
Severance question adjacent to this - when I was laid off my company paid out two weeks of severance as a lump sum. I reported it when I certified like the certification form asked me to. The agent at my fact finding interview didn't ask about it at all, the interview was entirely focused on the reason for my separation. My benefits weren't affected by the severance but I'd just say report everything accurately on the certification side regardless.
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Everett Tutum
AuthorI didn't get severance so not my situation but good to know for anyone who did.
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Melissa Lin
Just report what the certification asks honestly - EDD handles the calculation from there.
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Eve Freeman
Fifth week pending on my account right now and I tried Claimyr to reach an EDD agent because the phone line kept dumping me. The intake agent pulled up my claim and confirmed the fact finding interview notes had been submitted by the interviewer and were under review - nothing was missing on my end, it was just in the queue. At least that told me I wasn't stuck because of a document issue.
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Everett Tutum
AuthorThat's a relief to hear - knowing nothing is missing on your side makes the waiting more bearable at least.
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Caden Turner
Queue review is better than missing document, at least you know what state it's in.
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McKenzie Shade
If the determination comes back against you don't just accept it. The Appeal Form DE 1000M comes with the Notice of Determination and you have exactly 30 days from the date printed on that notice to submit it. Mail it to the address on the notice. At the CUIAB hearing, an administrative law judge goes through the case - you can represent yourself or bring someone, and testimony is under oath. For a clear layoff where an employer disputed the reason, a lot of people win at this stage because the judge looks at actual documentation.
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Everett Tutum
AuthorGood to know there's a real appeals process if the interview outcome goes wrong. I'm hoping it doesn't come to that but it helps knowing it exists.
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Caden Turner
Does EDD come and argue against you at the hearing or is it just you and the judge?
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McKenzie Shade
The hearing is run by an administrative law judge and you testify under oath. The process goes through the California Unemployment Insurance Appeals Board. You can bring documentation and represent yourself - many people do.
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Rudy Cenizo
Twelve weeks into my overall unemployment stint now and looking back, fact finding felt like the worst part but it did resolve. Mine took about three weeks total from the interview to the determination letter arriving. The pending weeks all unlocked at once. Whatever you're going through in this thread - it does move eventually even when it feels completely frozen.
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Everett Tutum
AuthorNeeded to hear that today honestly. My interview is in two days and I've been spiraling a bit.
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Val Rossi
Three weeks from interview to letter is good to know as a rough benchmark even if everyone's is different.
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Rudy Cenizo
Just stay available at the interview time, answer directly, and keep certifying. That's genuinely all you can control.
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Harmony Love
Last thing worth mentioning for the original poster - once the determination comes and your pending weeks are paid out, the payments go to your Money Network card or direct deposit if you set that up in myEDD. Sometimes there's a brief lag between the payment posting in UI Online and the funds showing on the card, usually within 24 hours. So don't panic if the system says paid but your card balance hasn't updated yet at that exact moment.
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Everett Tutum
AuthorGood to know - I have direct deposit set up so hopefully it's quick once it finally clears.
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Melissa Lin
Payment info updates daily in UI Online and you can also check the EDD Tele-Cert line at 1-866-333-4606, it has payment info and answers 24 hours a day.
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Natalie Khan
Tried Claimyr last week when I had a question about whether my work search records needed to be submitted anywhere during fact finding. The EDD agent I ended up speaking with said work search and the separation fact finding are handled separately - the interview Thursday is strictly about the layoff circumstances, not about whether I've been applying to jobs. That was a relief because I'd been overthinking whether I needed to bring proof of my job applications to the interview somehow.
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Everett Tutum
AuthorThis actually answers something I was quietly worried about too. I have been keeping track of my applications but didn't know if I needed to do anything with that info during the interview.
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Natalie Khan
The interviewer's focus is entirely on what happened at your last job and why you stopped working there. That's the only question open on your claim.
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Lydia Santiago
For anyone who comes across this thread later and their employer claimed misconduct during fact finding - that's a higher bar for the employer than just saying you quit. EDD basically asks the employer to show there was actual misconduct involved in the firing. For a layoff situation like the original poster's, the employer would have to demonstrate something very different happened than a department being cut, which is much harder for them to do.
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Caden Turner
My employer tried to claim I was let go for performance reasons but I was laid off in a reduction in force affecting twelve people. EDD could see the pattern there.
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Lydia Santiago
A mass layoff affecting multiple employees is exactly the kind of thing that's hard for an employer to frame as individual misconduct. The numbers speak for themselves.
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McKenzie Shade
Just to be precise - misconduct is EDD's specific term for behavior that leads to a firing. A layoff is never misconduct. Those are two different categories and EDD treats them completely differently in the interview.
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Sunny Wang
Two days before my own interview I wrote out a one-page summary of my employment timeline - start date, department structure, the date they told us the department was being cut, my last day. Used Claimyr to reach EDD and ask if there was anything specific I should prepare or any paperwork to have ready. The agent said the interview is a phone conversation and no documents are submitted during the call itself, but to have any supporting materials handy in case the interviewer asks me to describe specific events - dates help a lot with that.
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Everett Tutum
AuthorHaving dates specifically locked down seems like key advice. I know my start date and last day cold but let me double check the exact date the department elimination was announced.
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Hugh Intensity
Dates make the account of events sound more credible than 'sometime in September' type answers. Specific details show you have a clear memory of what happened.
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