Late backpay from employer affecting my EDD weekly benefit amount?
I'm in a really confusing situation with backpay and EDD reporting. My employer finally sent me a check for $1,375 that they've owed me since October (3 months ago!). This was after my union threatened arbitration over unpaid wages. When I first got laid off, I received my final paycheck of $999.99, but they 'forgot' to include my accrued overtime. Now I'm worried about how to handle this with EDD: 1) Do I need to report this backpay on my certification since it was earned months ago before my claim started? 2) If I do report it, will EDD subtract the full amount from my weekly benefit and leave me with nothing this period? It seems completely unfair if EDD penalizes me now for money my employer illegally withheld. I've been relying on my full weekly benefit amount to pay rent. Has anyone dealt with late employer payments while on unemployment?
22 comments


NebulaKnight
You definitely need to report any income received during the weeks you certify for - even if it's from work you did before you filed for unemployment. When I was collecting UI last year, I reported some freelance money that came in late, and yes, it reduced my benefit for that week. The EDD system only cares WHEN you get paid, not when you earned it. It sucks but that's how it works.
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Dylan Wright
•Seriously?! That's so frustrating. So I'm basically being punished because my employer didn't pay me on time? I might get $0 this certification period then... ugh.
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Sofia Ramirez
idk i thought you only report income for work performed during the weeks ur certifying for?? i got a bonus check after i was laid off and didnt report it bc it was for work i already did
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Dmitry Popov
•That's incorrect and could potentially lead to an overpayment situation. EDD specifically asks if you received any income during the certification period, regardless of when the work was performed. The certification question states: "Did you receive any income during the weeks you're claiming benefits?" It's based on when you RECEIVE payment, not when you EARNED it.
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Ava Rodriguez
The correct answer is YES, you absolutely must report this payment. EDD regulations are very clear that you must report ANY income received during the weeks you're certifying for, regardless of when the work was performed. However, here's the important part: if you can prove this payment was for work performed BEFORE your claim began, you might be able to file an appeal if it negatively impacts your benefits. You'd need documentation showing: 1. When the work was actually performed (timesheets) 2. That the payment was delayed (emails/communication with employer) 3. Your union's involvement in recovering these wages But for the certification itself, you must report it for the week you received it. Don't risk an overpayment situation which could result in penalties or disqualification.
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Dylan Wright
•Thank you for the detailed explanation. I do have emails from my union rep about the dispute and the overtime hours from October. So maybe I should report it now but then immediately file some kind of appeal? Is there a specific form for this situation?
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Miguel Ortiz
this whole system is such BS!! the EDD always finds ways to screw us over. My brother-in-law had almost the EXACT same situation with back pay from his construction job and EDD took ALL of it from his benefits. He called like 50 times and couldn't get through to explain the situation. The whole system is designed to make us give up!!
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Ava Rodriguez
•While I understand the frustration, there is actually a process to address this. Your brother-in-law could have requested a determination interview regarding the back pay by submitting a request through UI Online or by speaking with a representative. These situations can often be resolved when properly explained to the right department.
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Zainab Khalil
Just be honest on ur certification n hope for the best. sometiems they dont even notice stuff anyway lol
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Ava Rodriguez
•This is extremely risky advice. EDD has sophisticated cross-matching systems that compare reported wages with employer tax records. They regularly conduct audits going back years and can assess penalties of 30% on top of overpayments if they determine you willfully misreported income. Always report accurately to avoid potential fraud allegations.
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QuantumQuest
Have you tried calling EDD directly to ask about this specific situation? I was in a similar position last year with retroactive commission payments and needed clarification. I used Claimyr (claimyr.com) to get through to an EDD agent after trying for days on my own. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent I spoke with explained that I needed to report the income for the week I received it, but they also made notes in my account about why the payment was delayed. This prevented me from getting hit with an overpayment notice later. It's worth talking to someone directly about your specific situation instead of guessing.
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Dylan Wright
•I didn't know there was a service that could help get through to EDD! I've been trying to call for two days with no luck. I'll check out that link, thanks. Speaking to an actual agent would definitely help clear this up.
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Sofia Ramirez
wait if its overtime from b4 u were unemployed why would u even tell edd about it?? not like they know when the money hits ur account
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Dmitry Popov
•The EDD has access to wage records and bank information during audits. Intentionally failing to report income can result in disqualification, penalties, and even fraud charges in serious cases. It's never worth the risk.
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Ava Rodriguez
To follow up on your question about forms - you should first report the income accurately on your certification. Then you have two options: 1. Call EDD (which can be challenging) and request a "Determination Interview" specifically about this backpay situation. 2. If your benefits are reduced, you can file an appeal using the "Appeal Form" (DE 1000M). You would explain that the payment was for work performed before your claim began and shouldn't impact your benefits. You generally have 30 days to appeal a determination. Make sure to include all documentation proving when the work was performed and that the payment was delayed due to employer issues beyond your control. EDD sometimes makes exceptions for these unusual payment situations, especially with proper documentation.
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Dylan Wright
•This is so helpful, thank you! I'll go ahead and report it on my certification and then prepare an appeal with all my documentation. I have the emails from my union rep and the pay stub clearly shows the overtime was from October. Hopefully they'll be reasonable about this.
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NebulaKnight
One more thing to consider: depending on how much your weekly benefit amount is, you might still get partial benefits even after reporting this income. EDD doesn't deduct dollar-for-dollar - they use a formula where you can earn up to 25% of your weekly benefit without reduction, then they reduce by the amount over that threshold. So if your weekly benefit is high enough, you might not lose everything.
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Dylan Wright
•Oh, that's good to know! My weekly benefit is $450, so I guess I can earn about $112 without reduction? The backpay will definitely put me over that, but maybe I'll still get something. This whole system is so complicated.
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Javier Cruz
I went through something very similar last year and wanted to share what worked for me. I had delayed commission payments from my previous employer that came in 2 months after I started collecting UI benefits. Here's what I did: 1. Reported the income on my certification (as required) 2. Immediately called EDD and explained it was for work performed before my claim started 3. They made notes in my account and told me to keep all documentation The key is being proactive about explaining the situation. Don't just report it and hope for the best - call them right away. Yes, it might reduce your benefits for that certification period, but if you can prove the work was done before your claim began, they can often adjust it retroactively. Also, keep copies of everything: the check stub showing the pay period dates, any correspondence with your employer or union about the delayed payment, and your original final pay stub that shows the overtime was missing. This documentation will be crucial if you need to appeal. The system isn't perfect, but they do have processes to handle these situations when you advocate for yourself properly.
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PixelPioneer
•This is exactly the kind of practical advice I was looking for! Thank you for sharing your experience. It's reassuring to know that being proactive and calling EDD right away can make a difference. I'm definitely going to follow your steps - report it honestly, call immediately to explain, and keep all my documentation organized. It sounds like they do have ways to handle these situations when you present your case properly. Really appreciate you taking the time to share what actually worked for you!
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Amara Nnamani
•This is really encouraging to hear! I was getting stressed about potentially losing my entire weekly benefit, but your experience shows there might be a way to resolve this properly. I'm going to gather all my documentation first - the union emails, pay stubs showing the missing overtime, and the delayed payment - then report it on my certification and call EDD immediately after. Fingers crossed they'll be as understanding as they were in your case. Thanks for giving me hope that this can be sorted out!
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Sean Doyle
I had a very similar situation with my previous employer "forgetting" to include vacation pay in my final check. Here's what I learned from dealing with EDD: Yes, you must report it for the week you receive the payment, but there's actually a specific code for this situation. When you report the income, look for the option to indicate it's "back pay" or "retroactive wages" - this helps flag it in their system as potentially not affecting your benefits. I'd also recommend documenting everything now while it's fresh: screenshot your original pay stub showing the missing overtime, save all the union correspondence, and maybe even write a brief timeline of events. When I called EDD (took several tries), the representative was much more helpful when I had all the details organized. One thing that really helped my case was proving the employer violated labor law by withholding wages. Since your union had to threaten arbitration, that's strong evidence this wasn't just a simple payroll error. EDD tends to be more sympathetic when employers are clearly in the wrong. Don't panic about losing your full benefit - even if it gets reduced temporarily, you can get it sorted out with the right documentation and persistence.
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