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Laid off yesterday but official termination in June - When to file for EDD?

Just got blindsided yesterday with a layoff after 12 years with the same company. Our whole team received an email from HR saying that while we're no longer working, our 'official termination date' isn't until sometime in June (probably for benefits reasons). I'm confused about when I should apply for unemployment. Do I file my EDD claim now since I'm not working and not getting paid? Or should I wait until my official termination date in June? I don't want to mess anything up since I've never had to file for unemployment before. Also worried about the gap in income if I wait until June to apply. Has anyone dealt with this situation before?

Kaylee Cook

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File RIGHT NOW. Your claim begins the week you apply, not retroactively to when you stopped working. Since you're not performing services or receiving wages, you're considered unemployed regardless of what HR calls your 'official termination date.' That June date is likely just administrative for their severance/benefits processing. Don't wait! Make sure to report any severance pay when you certify. If you're getting a lump sum, report it for the period it covers. If it's a continuation of salary until June, report those amounts for each certification period they cover.

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Thank you so much for the clear answer! I'll apply today. One more question - they're paying out my unused vacation time in my final paycheck. Do I need to report that to EDD too when I certify?

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i had this exakt same thing happen last yr... company said i was terminated but official date was 2 months later. waited to file and lost out on 8 WEEKS of benefits!!!! they dont backdate ur claim to when u stoped working just when u aplied. file now!!!

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Lara Woods

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OMG this is such a common trick companies pull! They create these fake 'official' termination dates that are weeks or months after your actual last day so they can mess with your unemployment benefits. Document EVERYTHING.

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Adrian Hughes

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When the same thing happened to me last year, I applied for EDD immediately but got denied because HR told them I was still employed even though I wasn't working or getting paid!!! The whole thing was a mess and took me calling EDD like 50+ times to get it straightened out. Even then I had to wait for an eligibility interview that took forever to schedule.

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That sounds awful! Did you eventually get your claim approved? I really can't afford to wait weeks for this to get sorted out.

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You should file immediately. According to EDD guidelines, you're unemployed when you're no longer performing services for wages. Here's what you need to do: 1. Apply now through UI Online 2. In your application, list your last physical working day as your last day of work 3. Report any severance/vacation payout you receive when certifying 4. If you receive an eligibility interview notice, explain the situation clearly Your HR's "official termination date" is just administrative and doesn't affect your eligibility to file now. However, be prepared that your employer might contest your claim initially since they have you listed as employed until June. If that happens, you'll need documentation showing you're not actually working or receiving regular wages.

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Thank you for the detailed explanation. I'll make sure to keep copies of the layoff email and my final paystub as documentation in case EDD has questions.

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Ian Armstrong

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does this actually work??? i tried calling edd like 30 times last month and couldnt get thru once!!!

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Eli Butler

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Wait I'm confused... doesn't filing for unemployment before your "official termination date" count as fraud? My brother-in-law got in trouble for something like this. Maybe check with HR first to see if you're still on payroll until June? If you're still technically employed you might not be eligible.

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This is not correct. Unemployment eligibility is based on whether you're performing services for wages, not your administrative employment status. If the person is not working and not receiving pay, they're unemployed for EDD purposes regardless of what the employer calls the arrangement. Your brother-in-law's situation was likely different - perhaps he was receiving some form of payment or had reduced hours rather than a complete layoff.

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One more important thing: when you file, make sure to answer "No" to the question about whether you expect to return to work for your employer. Since this is a permanent layoff and not a temporary furlough, answering correctly will help avoid delays. Also, your benefit year begins the Sunday of the week you file, and you can't receive benefits for any weeks prior to that date - another reason to file immediately.

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Thanks, I wouldn't have known that! There are so many details to get right on the application.

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Lara Woods

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I remember when my company did this. They called it "garden leave" where I was technically still employed but not working or allowed on premises. What a joke! Their HR probably just wants to massage their quarterly employment numbers or something equally corporate and shady. File for EDD now and don't let them play games with your benefits!

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ya corporations pull this stuff all the time. they don't care if we can pay rent!!! 😡😡

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Kaylee Cook

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Make sure when you do your bi-weekly certifications to report any severance or vacation payout you receive during each period. Be 100% honest about any income. EDD will verify everything with your employer and any discrepancies can cause major headaches. If you're unsure how to report something, call and ask before certifying - it's much easier than fixing a mistake later.

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I'll definitely be careful with reporting everything correctly. Is there a specific way I should report the severance on the certification form? I'm guessing it counts as income even though it's a one-time payment?

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For your vacation payout question: Yes, you must report vacation pay when certifying. On the certification form, you'll select "Yes" when asked if you received any income, then select "Vacation Pay" as the type. Enter the gross amount (before taxes) and the dates it covers. For severance, you'll handle it similarly but select "Severance Pay" as the income type. Both can reduce your weekly benefit amount for the weeks they cover, but won't necessarily disqualify you completely. If you have trouble understanding how to report these correctly, I strongly recommend speaking with an EDD representative who can guide you through your specific situation.

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This is so helpful! I had no idea there were specific categories for different types of final payments. Will definitely call if I have more questions during the certification process.

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