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Reduced from full-time to on-call after 9 months - EDD eligibility with income loss?

I'm in a really weird situation with my employer and not sure if I qualify for EDD benefits. I was hired as an 'on-call' employee initially, but for the past 9 months I've been consistently working 40 hours every week (basically full-time hours). Yesterday my supervisor told me they're cutting me back to actual 'on-call' status starting next week, which means my income is about to drop dramatically. I have bills based on my full-time income and I'm freaking out a bit. Does anyone know if this qualifies for partial unemployment? Since I was technically classified as 'on-call' on paper the whole time, even though I was getting full-time hours, I'm not sure if EDD would consider this a reduction in hours or just enforcing my original employment agreement. Has anyone dealt with something similar? Any advice would be greatly appreciated!

Yes, you absolutely can apply for UI benefits! This is considered a reduction in hours, regardless of what your official status was. EDD looks at your actual work history and earnings, not just your job title or classification. Since you've been consistently working 40 hours for 9 months, this significant reduction would qualify you for partial unemployment. Make sure to apply as soon as possible after your hours are reduced. When filing, clearly explain that you've been working full-time hours for 9 months and have been involuntarily reduced to on-call status. Your benefit amount will be based on your earnings during your base period (typically the 12-18 months before you file). Just be prepared to report any income you do receive from on-call work when you certify every two weeks. Good luck!

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That's a relief to hear! Do you know if I should wait until after my hours are actually reduced to apply, or should I do it now since I already got the notice? I'm worried about timing this right.

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SAME thing happened to me last year with a retail job!!! They had me working full time hours for like 6 months then suddenly cut me back to like 10 hours a week with no warning. total bs. I applied for unemployment and got it but had to keep reporting the little income I was making each week. Just make sure you report ANY money you make from on-call shifts when you certify!

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That sucks that happened to you too! Did EDD question you about why you were applying when you were still technically employed? That's what I'm worried about.

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u should wait till they actually cut ur hours before applying. if u apply now edd might deny u since ur still working full time. also make sure u have pay stubs from the last 9 months showing u were consistently getting 40hrs

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KylieRose

This is not quite right. While you should wait until your hours are actually reduced, you don't necessarily need pay stubs showing 40 hours specifically. EDD primarily looks at your earnings, not your hours worked. They'll calculate your benefit based on your highest-earning quarter during the base period. What's important is the reduction in earnings, not just hours.

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I went through something similar in 2023, and here's what you need to know: 1. This is called a "partial unemployment" claim since you're experiencing a significant reduction in hours/wages but not a complete job loss 2. You definitely qualify based on your work history - the fact you've been consistently working 40 hours for 9 months establishes a clear pattern of full-time work regardless of your classification 3. Wait until AFTER your hours are actually reduced before applying 4. When you file, you'll need: - Your employment history for the last 18 months - Information about your employer (EDD account number if you can get it) - Your ID information - Records showing your earnings history if possible 5. When certifying bi-weekly, you'll report any hours/wages earned from on-call shifts, and EDD will reduce your benefit amount accordingly The trickiest part is getting through to EDD if they have questions about your claim. The phone lines are constantly jammed.

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Getting through to EDD is a nightmare! I spent 3 weeks trying to reach them about my claim last month. I finally used Claimyr (claimyr.com) and got through to an agent in less than an hour. They have this video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Was totally worth it because the EDD agent fixed my issue right away once I actually got someone on the phone.

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Has your employer given you anything in writing about this change? I'm wondering if they're trying to avoid laying you off so they don't have to pay unemployment. Some employers will drastically cut hours hoping employees will just quit instead. Make sure you document EVERYTHING about this change in case you need it for your claim.

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They only told me verbally so far, but I'm going to request something in writing tomorrow. Good point about documenting everything - I'll start keeping track of all communications about this.

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wait i'm confused about something... if ur classified as on-call doesn't that mean they can change ur hours whenever? how is this different from what u agreed to when u started?

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For unemployment purposes, what matters is your established work pattern, not just what was on the initial hiring paperwork. When someone consistently works full-time hours for an extended period (9 months in this case), that establishes a clear work pattern. When that pattern is significantly disrupted through no fault of the employee, it can qualify for UI benefits regardless of the technical employment classification. EDD looks at actual work history and earnings, not just job titles or classifications.

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This happened to my cousin too!!! She was actually misclassified as a part time employee even though she was working full time hours for YEARS and when they cut her hours she was able to get unemployment AND they had to pay her backpay for benefits she should have been getting as a full time employee!! You should check if you were supposed to be getting benefits too!!!!

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KylieRose

While this is an interesting point about misclassification, it's actually a separate issue from unemployment eligibility. Your cousin's situation involved employee misclassification, which falls under labor law rather than unemployment insurance. The original poster should focus first on their unemployment claim due to reduced hours. If they want to pursue possible misclassification, that would be a separate process involving the Labor Commissioner's Office, not EDD.

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Thanks everyone for all the helpful advice! To update: I spoke with my employer today and they confirmed the reduction starts next Monday. I'm going to apply for partial unemployment as soon as my hours are officially reduced. I also found my past pay stubs showing my consistent 40-hour weeks for the last 9 months. Feeling a bit more prepared now, but still anxious about how long the EDD process might take.

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You're taking all the right steps! Just be prepared that your first payment might take 2-3 weeks to process if everything goes smoothly, potentially longer if there are any questions about your claim. Make sure you certify on time every two weeks once you're in the system, and report any income from on-call shifts accurately. The partial benefits formula reduces your weekly benefit amount by 75% of what you earn (so you still benefit from working when possible).

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btw when u certify make sure u say YES to the question about looking for work and keep a record of job applications somewhere in case they ask for proof!!! they've gotten really strict about work search requirements lately!

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Oh that's good to know! I wasn't planning to look for a new job since I'm hoping my hours will go back up eventually, but I'll start applying to some places just to fulfill the requirement.

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