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Dmitry Kuznetsov

If a company fires you can you get unemployment in California EDD?

So I got let go from my job last Friday and I'm honestly in a panic trying to figure out what happens next. I'd been there almost four years, never had any write-ups or disciplinary stuff on my record, and my manager called me into HR and they just said they were 'eliminating my position.' No real explanation beyond that. I don't know if that counts as being fired or laid off and whether that changes anything for unemployment. Filed my application online through myEDD the same day but now I'm sitting here wondering if I even qualify. Does getting fired automatically disqualify you or does it depend on the reason? And if EDD decides to investigate, what does that process even look like?

Firing from my retail job last spring sent me down this exact rabbit hole. The whole thing with unemployment and terminations is basically this: your employer has to actually show EDD that you did something wrong on purpose, like stealing or repeatedly breaking a rule they warned you about. They can't just say 'we let them go' and get you denied. I ended up talking to an EDD agent about my own claim because my former job was telling me they'd 'contest' it, and I was scared I'd get nothing. Used Claimyr (claimyr.com) to get through the phone queue — they hold your place so you end up on the line with a real EDD agent. There's a video about reaching a live person at EDD that I watched first: https://youtu.be/JmuwXR7HA10. The agent pulled up my claim and told me my two most recent weeks were still pending because EDD hadn't finished processing the employer's response yet, and that once the interview was done and I'd certified, those weeks would be reviewed. That was actually really useful because I'd assumed 'pending' meant denied.

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The employer contesting it was my fear too, honestly. So even if they fight it, EDD still decides on its own? They don't just take the company's word?

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EDD makes the call, full stop. The company gets to give their side, you give yours, and EDD weighs it. An employer objecting doesn't flip a switch and deny you.

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Retail jobs love to say they'll contest claims. Mine tried it too and I still got approved after the phone interview.

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Eliminating my' position sounds like a straight-up layoff to me, not a firing for cause. Those are two really different things in'EDD s eyes. When a company eliminates a role,'there s no misconduct angle — you were just cut for business reasons. That almost always means you qualify, assuming your earnings during your base period are high enough to have a validclaim.

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That's what I figured but I wasn't sure if the way HR phrased it would matter. They kept using the word 'terminated' in the paperwork even though they said position elimination.

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' Terminated just means your employment ended. The word on its own'doesn t mean anything bad for your claim. What matters is whether EDD sees misconduct in how itended.

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HR loves using 'terminated' for literally everything. I was laid off when a whole department got cut and my separation paperwork also said terminated. Still got my benefits with no issue.

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Four years with no write-ups is worth mentioning during your phone interview if EDD schedules one. That kind of clean record makes it really hard for a company to argue misconduct. EDD basically needs the employer to prove you intentionally did something wrong, not just that they didn't want you around anymore. Keep any emails or HR documents from your last few weeks if you have them — not saying you'll need them but good to have.

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I saved everything I could before they cut my system access. Is there a way to submit documents to EDD or would I only use them at an appeal if it went that far?

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For the initial claim you don't need to send anything upfront. If EDD schedules a phone interview, you just answer their questions and can reference your records. If it ever gets to an appeal, that's when you'd bring documentation to your hearing.

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Saving emails and stuff is smart no matter what. I didn't and I really wished I had during my phone interview when the interviewer asked about specific dates.

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FOUR YEARS AND NO WRITE-UPS AND THEY'RE QUESTIONING WHETHER YOU CAN GET BENEFITS?? That is exactly the kind of thing that drives me insane about this whole process. You did everything right, worked there for years, and now you have to prove yourself all over again to EDD while your company gets to just... contest it and walk away. The system is so backwards sometimes.

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I mean I haven't been denied yet, I'm just nervous about the process. But yeah it does feel pretty unfair to have to explain myself when I didn't do anything wrong.

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Waiting for EDD to make a decision when you have bills due is its own kind of stress. Hope yours moves fast.

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To be fair EDD does have to verify what happened, but in a clear layoff situation like this one it usually doesn't drag on too long once the interview is done.

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The base period thing is worth looking into if you haven't already. EDD calculates your weekly benefit amount from your earnings during a specific window of time before you filed, and your benefit can go up to $450 a week. With four years at a job you likely have solid earnings in those quarters but it's good to know what to expect. EDD's site has a calculator that'll give you an estimate.

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I did look at that calculator and got an estimate around $410 a week. Is that pretty reliable or does the actual number usually come out different?

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The estimate is close but the real number shows up on the Notice of Unemployment Insurance Award they mail you, the DE 429Z. That's the official figure.

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Mine came out within like $15 of the calculator estimate so it's usually pretty close. The letter also shows the total maximum your claim can pay out over the year.

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Something I want to flag about the phone interview — a lot of people miss the call or don't realize it's coming. EDD sends a notice called the DE 4800 that has the exact date and time the interviewer will ring, and the same info shows up on your UI Online homepage. You need to be near your phone at that time. If you miss it, phone EDD that same day because otherwise they may just decide based on whatever information they already have, which could mean a delayed payment or a denial.

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I haven't gotten that notice yet, is that something they send right away or does it take a while after filing?

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It depends on whether EDD needs an interview at all and when they schedule it. Since your situation sounds like a layoff they might not even need one, but if the company contests it then they almost certainly will. Keep checking your mail and your UI Online homepage.

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I missed my interview because I didn't realize the number would show as a California area code I didn't recognize and I sent it to voicemail. Had to scramble to phone EDD the same day. Do not let that happen to you.

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That is genuinely terrifying, I'm saving that number right now.

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my cousin got fired for being late too many times and still got unemployment so it really just depends on the situation i think

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Attendance issues can go either way honestly. EDD looks at whether the employer warned the person and whether the person had a reason for the absences. 'Too many times late' isn't automatic misconduct without more context.

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yeah they said he had some health stuff going on so maybe that helped idk

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To clear up something that sometimes gets confused here: getting fired and getting laid off both mean you can potentially qualify for unemployment. The key question is just whether EDD finds misconduct. A layoff for business reasons, eliminating a position, a reduction in force — none of those involve misconduct and you're almost certainly going to qualify as long as your base period earnings are enough. Even being fired doesn't automatically knock you out. It's really about what the employer claims you did and whether EDD buys it.

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Okay this is making me feel a lot better. I was reading stuff online that made it sound like being 'fired' as opposed to 'laid off' was an instant denial and that's clearly not the case.

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That's a really common misunderstanding. The word 'fired' on its own means nothing. EDD needs to find actual misconduct, and your employer has to back that up with something solid.

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The misconduct bar is higher than most people think too. It's not 'we didn't like their performance' — it has to be something the employee did intentionally that broke a rule they knew about.

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Went through almost this exact setup last year — position elimination after three and a half years, HR called it a termination in the docs. EDD scheduled a phone interview because the company listed the reason as 'policy violation' on their paperwork even though no one ever mentioned any violation to me. Claimyr got me through to an EDD agent before the interview date so I could ask what the specific issue on my claim was. The agent told me EDD had received the employer's response and there was an open eligibility question about the reason for separation, and that the interview would be my chance to give my side. Knowing that ahead of time let me prepare instead of going in blind.

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Wait so the company can put something on their response that's different from what they told you face to face? That feels really shady.

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Yes and it happens more often than you'd think. That's why having your own records matters. In my case I was able to explain during the interview that no policy violation had ever been communicated to me and I had emails to back that up.

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Knowing the specific issue on the claim beforehand sounds incredibly helpful. I went into my interview not knowing what the company had said and it made the whole thing much harder to navigate.

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The part people always forget is that you have to certify every two weeks to actually get paid, even while EDD is still deciding. If you stop certifying because you assume nothing will come through, you can end up missing weeks you could have been paid for. Keep certifying no matter what.

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How do I know when to start certifying? The confirmation email after I filed didn't say anything about timing.

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EDD processes the application first, which takes a few weeks. After that you'll be able to certify in UI Online. The first certification usually covers the waiting week and your first paid week together.

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There's also a one-week waiting period on every new claim — the first week is unpaid but you still have to certify it. It doesn't shrink the total your claim can pay, it's just a mandatory first week with no payment.

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also make sure you sign up for CalJOBS if EDD tells you to. they send you a notice and you have like 21 days from that notice to register and put up a resume. i didn't know about this and my payments got held up for two weeks

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That notice is called the DE 8405 and you're right, the deadline is 21 days from the date on it. Missing it can pause your payments. EDD will let you know if you need to do it at all — not everyone does.

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yeah i wish i had known that earlier, i thought CalJOBS was optional and skipped it

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The CalJOBS registration is not obvious at all if you've never dealt with EDD before. I spent twenty minutes trying to find where to upload my resume on there.

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EDD hasn't even looked at my claim in going on six weeks and reading all these 'it moves fast' replies is genuinely making me laugh. Must be nice.

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Six weeks is a long time — do you have a pending phone interview or an open eligibility question on your claim? Or is it just sitting with no movement?

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UI Online just shows every week as Pending and I have no idea what it's waiting on. No interview notice, no letters, nothing.

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Pending without any notice usually means EDD is still processing something — could be an identity verification step or they're waiting on employer info. Phoning EDD directly is probably the fastest way to find out what's holding it up.

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Can I ask something kind of related — my situation is a little different because I was technically fired but it was because I had to miss work for a medical thing and they said I violated attendance policy. Is that still misconduct in EDD's eyes? I'm scared to even apply.

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Apply regardless of your fears — the worst EDD can do is say no, and you have the right to appeal if they do. Medical reasons for absences are exactly the kind of context that matters in an eligibility decision. EDD looks at whether you had good reason and whether the company knew about it.

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The determination comes in a Notice of Determination and you have 30 days from the mailing date to appeal if you disagree. Don't let the fear of a denial stop you from filing.

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Okay I'll apply this week. I just kept assuming I'd be denied because they used the word 'terminated for cause.

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My layoff happened out of nowhere and I didn't file for three weeks because I thought I had to wait for some kind of letter from my employer first. You don't — file immediately. The claim starts from the Sunday of the week you apply, not from your last day of work, so every day you wait is potentially a week you can't recover.

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I filed the same day I got let go so at least I did that part right.

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That was the right call. A lot of people lose a week or two just waiting around thinking they need something from HR first.

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Position elimination with four years clean — you should be fine. The employer would basically need to show you did something intentional and serious to knock you out of benefits. 'We eliminated the role' doesn't come anywhere close to that. File, do the interview if scheduled, certify every two weeks, and let EDD do its job.

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This is reassuring. I think I just panicked because I'd never been through this before and didn't know what 'termination' on the paperwork meant for benefits.

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Everyone panics the first time. The process is confusing but your situation as described is about as clean as it gets for unemployment eligibility.

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Four years and no write-ups and they still have to sweat it out waiting on EDD. The process should be faster for clear cases like this.

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For the work search part — once your claim is active and you're certifying, EDD expects you to be looking for work each week you claim benefits. You don't need to log contacts anywhere official but keeping your own notes on where you applied is a good habit in case there are any questions later. Being actively available for work is a requirement every week you certify.

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Does looking for work mean I have to apply to like a specific number of jobs per week? I've seen different numbers thrown around.

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EDD's own pages don't specify a number of contacts you need to make. Just genuinely look for work and document what you're doing for your own records.

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The main thing is that you can honestly certify each week that you were able, available and looking. Don't certify weeks where that wasn't true.

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Got a question that's maybe off the main topic but relevant — my company is offering a small severance package and I don't know if accepting it would mess up my unemployment. Anyone dealt with this?

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Severance paid under a company plan or policy generally doesn't disqualify you or reduce your weekly benefits — EDD actually says it's not counted as wages for unemployment purposes. You still report it when you certify because EDD asks, and EDD makes the final call, but accepting severance shouldn't stop you from filing right away.

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Report everything honestly when you certify and let EDD sort it out. Don't not apply because you got severance — that's a really common reason people delay filing when they don't have to.

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That's a relief. I was scared taking the severance would mean I forfeited the unemployment and I'd end up with nothing if the severance ran out.

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For anyone worried about identity verification — EDD uses ID.me and you do it through the myEDD portal. You'll need to take photos and have a state ID or driver's license ready. If EDD can't verify you right away they mail a notice called the DE 1326C. Getting that step done early keeps things from getting held up.

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ID.me was a whole ordeal for me. Had to do the video call option because the automatic photo thing kept failing. Worth knowing you have that backup option.

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The video verification path is slower but it does work. Just block out like 20 minutes and have good lighting.

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I did the ID.me step right when I applied, it seemed to go through okay. Hopefully that won't be a bottleneck.

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Months into dealing with an overpayment notice on a previous claim while also opening a new one after being let go — the stress of juggling both is no joke. The overpayment from before has nothing to do with the new claim eligibility but EDD can collect it from future payments, so my weekly amount is coming in lower than expected. Just flagging that if anyone else has an old balance lingering, it doesn't block a new claim but it will come out of payments.

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That's accurate — EDD can recover an existing overpayment balance from new benefit payments. It won't stop you from filing or being approved but yeah, the check will be smaller.

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Wish someone had told me that upfront. I thought something was wrong with my payment amount and panicked before I figured out what was happening.

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How do you even find out if you have an old overpayment balance? Is that something you'd see in UI Online?

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wait so your employer literally cannot just decide you dont get unemployment? i always thought the company controlled that

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Completely common misconception. The employer has no power to approve or deny your claim — they respond to EDD's notice, give their side of the story, and EDD makes the decision. An employer contesting a claim just means EDD considers their input, not that they win automatically.

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wow i did not know that. thought my old boss could have just blocked it whenever he wanted

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So many people believe that and it stops them from even filing. EDD decides, full stop.

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Came back to add — if EDD does deny you after the phone interview, the Notice of Determination comes in the mail and there's an Appeal Form (DE 1000M) right with it. You have 30 calendar days from the mailing date to submit it. During an appeal you keep certifying every two weeks because if you win, EDD can only pay weeks that were actually certified.

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Good to know there's a path after a denial too. I was treating a denial like it would be the end of the road.

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An appeal goes to the California Unemployment Insurance Appeals Board and an administrative law judge holds the actual hearing. You can represent yourself, bring a union rep, or even an attorney. It's a real process with real rights.

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The 30-day deadline is firm so if you get a denial don't sit on it. Mark the mailing date on the notice immediately.

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Had a friend who worked at the same company I did get let go in the same round of cuts. She applied using Claimyr a few weeks after I did when she was having trouble getting through to EDD — her claim had an open question about whether her role was actually eliminated or whether she'd been performance managed out. The agent she reached confirmed EDD had received the employer's response and her phone interview was scheduled, and she was able to get the exact date so she could arrange her schedule around it.

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Knowing the interview date before the DE 4800 arrives in mail would actually be huge. Mine showed up two days before the interview and I barely had time to prepare.

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That's exactly the kind of thing that makes it worth phoning ahead. Having a few extra days to think through what you want to say to the interviewer is a lot better than scrambling.

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Rounding out what's been said here — if a company fires you, California EDD does not automatically disqualify you. The burden is on the employer to show misconduct, meaning something you did intentionally that broke a rule you knew about. A position elimination, a layoff, a reduction in force — none of those involve misconduct and you should qualify as long as your base period earnings are there. File right away, verify your identity through ID.me, watch for the DE 4800 notice if EDD needs an interview, register in CalJOBS if the DE 8405 tells you to, and certify every two weeks starting with your first certification period.

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This is basically the roadmap I was looking for when I posted. Thank you to everyone who replied. I'll update once EDD makes a decision.

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Your situation sounds really solid. Four years, no write-ups, position elimination — that's about as clear a case as there is.

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Root for yourself in that phone interview if they schedule one. You were there, you know what happened, and you have every right to explain it.

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Last thing to add for anyone reading this later who got terminated and is wondering about taxes on their benefits — unemployment payments are federal taxable income but California does not tax them at the state level. When you certify you can choose to have 10 percent withheld for federal taxes each time. EDD mails a Form 1099G in January showing your total benefits for the year, and it's also available in UI Online under Payments.

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I had no idea California didn't tax unemployment. I'd been mentally setting aside a chunk for state taxes unnecessarily.

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Really common to assume both levels tax it. Federal yes, California no. The 10 percent withholding option at certification is voluntary but a lot of people use it to avoid a surprise at tax time.

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Withholding the 10 percent was the right call for me. I forgot one year and owed a chunk in April that I hadn't planned for.

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