Reasons why unemployment can be denied in California EDD - what I wish I'd known before filing

The CalJOBS thing almost got me too - I didn't even open the DE 8405 for a week because I thought it was junk mail. Got it registered with like two days to spare. Did you end up getting your appeal scheduled yet?

Constructive quit is real and EDD does consider it but yeah you have to lay out very specifically why the schedule change made it impossible to keep the job. Good luck on the appeal.

No hearing date yet, still waiting on the notice from the CUIAB. Keeping all my certifications current in the meantime because I know if I stop certifying and win the appeal there's nothing to pay back.

30 days from the mailing date - that's the part that trips people up, not when they receive it. Good info.

Misconduct findings are rough because the burden on the employer side is real. EDD basically has to hear both stories in the interview. Did the agent say anything about what your employer actually claimed you did?

She said only that there was an open issue from the employer's response and that the appeals judge would hear both sides. Couldn't tell me more than that which makes sense I guess.

glad you got through to someone. i've redialed that number probably 60 times in the last two weeks and keep hitting the busy signal recording

i thought calJOBS was optional?? nobody told me it was required when i filed

EDD tells you in the DE 8405 mailing. If you got that form and haven't registered yet, do it today - you might still be inside your window.

checking right now oh no

The DE 8405 is easy to miss because it looks like standard informational stuff. EDD doesn't flag it as urgent on the envelope but it absolutely is.

This is exactly what happened to me with the class thing. Even saying you have class two nights a week raised a flag for them about availability. Wild.

My aunt had a workers comp situation overlap with her UI claim and she lost benefits for those weeks. Can't collect both for the same days - EDD's pretty strict on that one.

Workers comp overlapping is a whole other thing that catches people off guard. EDD has that on the list of income you have to report when certifying.

This catches so many people. The payday is irrelevant to EDD, it's the week of work that counts. Same goes for severance if your employer paid it out over time - still needs to be reported as the certification asks.

Yeah the severance thing is confusing because I've heard people say it doesn't affect your claim. From what I understand severance paid under a company plan isn't counted as wages for UI purposes but you still report it and EDD decides what to do with it. So just report it and don't assume.

That's exactly right - EDD's guidance says severance under a company plan isn't wages for UI purposes but it's still on the list of things to report when you certify. Never just skip reporting it.

i didn't know you had to report tips what. i've been doing delivery on the side

School doesn't automatically disqualify you but EDD does ask about it and will want to know you're still available for full-time work. If you'd drop the class for a job offer, say so clearly in any interview or correspondence with EDD. The key is being genuinely able and available each week you certify.

Okay that's helpful. So it's really about whether you'd actually take a job if offered, not just whether you have something on your calendar.

Exactly - and document your job search activity. Not because EDD has a specific number of contacts you have to hit, but because if they ever question a week you want to be able to show what you were doing.

The gap between interview statements and certifications sounds like it could have gone really badly for you. Glad you got it sorted. What ended up fixing it?

The agent submitted a note to the adjudication team explaining the discrepancy and the interviewer apparently hadn't recorded my answer correctly. Took another week but the pending weeks cleared.

DE 1080CZ language is notoriously unclear. People should know they can appeal it within 30 days of the mailing date even if they can't tell from the letter exactly what went wrong - the appeals process is specifically for getting that clarity.

wait they can take it from lottery winnings?? lol okay never knew that

Dead serious. The state has access to a lot of collection mechanisms. EDD's own materials list it.

The 30 percent fraud penalty on top of the overpayment amount is brutal. A non-fraud overpayment still has to be paid back but at least there's no penalty and you can apply for a waiver if it really wasn't your fault.

I had no idea you could try to reschedule by contacting EDD at least a day before the interview date. That detail should be on more prominent in everything they send.

You can only reschedule to an open time slot, so it's not guaranteed. But missing it entirely and not phoning EDD that same day is so much worse than trying to reschedule.

i thought EDD sends you a reminder the day of? or is that just for some people

The notice (DE 4800) has the date and time and so does UI Online. How EDD communicates beyond that I honestly don't know but I wouldn't count on a day-of reminder.

Does EDD tell you upfront if your wages don't qualify or do they just deny you later?

The DE 429Z they mail you shows the weekly benefit amount based on your highest quarter wages. If the amount comes back at $40 (the minimum) or if EDD can't even calculate a valid amount, that's your first signal something's off with the base period. The claim either has a valid amount or it doesn't.

Okay so I should watch for the DE 429Z and if anything looks wrong appeal within 30 days of that mailing date. Got it.

Exactly right. The DE 429Z shows what EDD has on record for your wages - if your employer didn't report your earnings accurately that's something you'd want to flag immediately.

ID.me was a nightmare for me initially. The photo verification kept failing. Had to try three different times in different lighting before it worked.

Same. Bright natural light pointing at your face, hold the ID flat and steady. It's weirdly picky about shadow.

i applied by phone and apparently that means i automatically get the DE 1326C because they can't verify you over the phone. wish someone had told me that before

Mailing date not receipt date - this is so important and so easy to get wrong. I almost miscounted my own window because I was going off when it arrived.

What happens after you file the appeal? Like how long does it take to get a hearing scheduled?

EDD reviews it first and then sends it to the California Unemployment Insurance Appeals Board. An administrative law judge handles the hearing and you get the Notice of Hearing at least 10 days before the date. How long the whole thing takes varies - I can't give you a specific number because it depends on caseload.

This. My situation is exactly the schedule reduction case but reading about misconduct standards helped me build my appeal argument. EDD's own materials say the employer needs to prove it.

Worth noting that how that plays out is case-specific. What EDD considers misconduct isn't always obvious and the phone interview is where both sides tell their story. Never skip the interview.

Agreed - the interview is everything in those cases. And if you miss it, the decision gets made without your side of the story which almost always goes against you.

Yep, that's a persistent myth. Working for a nonprofit absolutely does not make you ineligible for UI.

She almost didn't appeal because someone confidently told her nonprofits were exempt. Would have cost her weeks of benefits.

Employers pay for unemployment insurance, not workers - nothing comes out of anyone's paycheck for it. That CASDI deduction people see is for State Disability Insurance and Paid Family Leave. Nonprofits handle their employer contribution differently but their workers' eligibility is the same.

California EDD benefits are taxable at the federal level but not for California state income tax. When you certify you can choose to have 10 percent withheld for federal taxes. EDD mails a Form 1099G in January and it's also in UI Online under Payments. If you didn't elect withholding you might owe something in April - worth running the numbers or talking to a tax person.

oh good thing i asked. i had no idea federal taxes applied. gonna turn on that withholding today

Turning on withholding definitely hurts in the moment but it's better than a surprise tax bill. You can change your election during certifications.

You report earnings in the week they were earned, so yes - Monday and Tuesday earnings go in that same week. You did it right.

okay phew. i was spiraling thinking i'd created an overpayment issue already

If you ever do report a week wrong, the Report Wages option in UI Online lets you work out what you should report before certifying. If a week is already certified and something is wrong on it, you'd contact EDD - either through a message in your UI Online account or by phone.

Be specific and factual. Walk through exactly what happened in chronological order. Bring dates, any documentation you have. The interviewer is trying to understand whether what happened meets EDD's definition of misconduct. EDD decides based on what both you and your employer say.

Don't editorialize or get emotional if you can help it. The safety complaint and what happened after - lay it out as a timeline. 'On this date I reported X, on this date my employer did Y.' The facts tell the story.

Thank you both. I have emails showing the complaint and then performance warnings that started the following week. Never had a warning before in three years.

That paper trail sounds like exactly the kind of documentation you want to reference in the interview. Hang onto everything.

I made this same mistake. The DE 429Z looks so official that it feels like the finish line. It's really just the starting calculation.

The actual eligibility decision comes through payments showing up or through a denial DE 1080CZ. No approval letter exists - payments starting is how you know you've been cleared.

Wish I had known that when I filed. Would have been less shocked when the DE 1080CZ arrived.

Documentation of trying to fix the situation internally before quitting is exactly the right evidence. The fact that you went to HR and have written proof of their non-response is about as strong as it gets for a quit case.

Following this closely because my situation also involves some potential workplace misconduct by the employer. Good to know documenting the internal complaint matters.

The agent couldn't tell me how EDD would decide, just what they'd look at. So I'm going in prepared to lay out the whole timeline.

Certifying through the appeal is the one I see people get wrong the most. They think 'why certify if I'm denied' but those uncertified weeks are just gone.

Yep, the judge can tell EDD to pay you but they can only release weeks that were actually certified. Keep certifying no matter what.

And keep your CalJOBS registration current. If your resume goes stale or your account lapses during the appeal period it can create a new issue on top of the original one.

Appeals board hearings also allow you to represent yourself - you don't need an attorney. Union reps can appear for you too if that's relevant to your situation.

EDD's framing on that form is unfortunately pretty soft given how hard the consequence is. If your registration is complete, your CalJOBS account at caljobs.ca.gov will show your posted resume as active. That's the only real confirmation.

If only the envelope had said DEADLINE INSIDE in big red letters I would have opened it differently.

The penalty for missing the CalJOBS deadline is basically a payment stop, not a permanent denial. So if you're reading this and you've missed the window, still register and phone EDD to find out where you stand.

Is Social Security treated the same as a pension for this?

Social Security is actually different - EDD does not deduct Social Security benefits from UI and you don't report it when certifying. That one surprised me too when I looked it up.

That's correct - Social Security benefits are not deducted and are not reported. Pension income from past work is a separate matter and EDD decides how it affects your weekly amount.