Settlement check with W2 and 1099 - report on EDD certification?
Got something unexpected in the mail last week - a settlement check from Raytech Industries where I worked back in 2020. Totally forgot I'd opted into this class action thing about unpaid overtime. The check is for $2,875 and came with both a W2 and a 1099 form for tax year 2023. Now I'm confused about my unemployment certification this week - do I need to report this as income? It's not exactly wages from working, but it's still money with tax forms. Been trying to call EDD since Monday but keep getting the "we're experiencing high call volume" message and then disconnected. Anyone deal with something similar or know the right answer? My certification is due tomorrow and I don't want to mess up my claim over this!
19 comments


Nia Thompson
u dont report it. i got similar stuf from my old job at safeway. its not income from work u did this week so dont put it on certification
0 coins
Luca Esposito
•Really? Even though it has tax forms? I'm just nervous about getting hit with an overpayment later if I don't report it correctly.
0 coins
Mateo Rodriguez
The previous commenter is incorrect. Settlement payments are more complicated than that. The W2 portion represents wages and MUST be reported as income for the week you received it. The 1099 portion is typically for interest/penalties and doesn't count as wages, so that part doesn't need to be reported for UI purposes. This is directly from the EDD handbook: "You must report all income received, including back pay, bonuses, settlements, and severance pay." Failure to report could result in an overpayment determination and possibly penalties if they decide it was intentional.
0 coins
Luca Esposito
•Ugh, that's what I was afraid of. So I should just put the W2 amount in the "wages before deductions" box on my certification? And leave out the 1099 amount?
0 coins
Aisha Abdullah
•WRONG! I reported a $1,800 settlement check last year and it messed up my claim for weeks! EDD froze my payments and I had to talk to THREE different reps before they fixed it. They told me it should NOT have been reported since it wasn't current work. The handbook is confusing AF and the reps don't even agree with each other!!
0 coins
Ethan Wilson
The correct answer is that you need to report the W2 portion only, as that represents wages (even if earned in the past). The EDD system is specifically looking for unreported wages that could affect your weekly benefit amount. Here's what to do: 1. Report the W2 portion on your certification in the week you received it 2. In the section asking which employer paid these wages, put the name of the company from the settlement 3. When it asks if you still work for this employer, select "No" 4. There should be a section for comments/additional information - explain briefly that this was a settlement payment for past work Keep copies of everything - the settlement letter, the check, and both tax forms. If your payment gets held up for review (which it might), you'll need these documents.
0 coins
Luca Esposito
•Thank you! This is really helpful. I'll follow these steps exactly. Should I also upload the documents somewhere or just keep them in case they ask?
0 coins
Ethan Wilson
•Just keep them for now. There's no way to proactively upload them unless they specifically request them. If your payment status changes to "pending" after this certification, that's when you'll need to contact EDD to explain and possibly submit documents.
0 coins
NeonNova
my brother got a lawsuit check last yr for $5k from his old construction job and he didnt report it and nothing happend. its not like edd talks to the irs anyway lol
0 coins
Mateo Rodriguez
•This is dangerously incorrect information. EDD absolutely cross-references with IRS data. That's literally how most overpayment determinations happen - they match reported wages with UI certifications. Your brother was either lucky or may still get an overpayment notice in the future.
0 coins
Yuki Tanaka
Ran into this EXACT issue last year with a settlement from my job at Target. Let me tell you how it played out - I reported the W2 portion on my certification, and my payment immediately went to pending. Was stuck like that for almost 3 weeks! Tried calling EDD over and over but couldn't get through to anyone. Finally discovered Claimyr (claimyr.com) - it's a service that helps you get through to an actual EDD rep instead of getting the "too many callers" message. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Got through to a rep that same day who fixed my account. They confirmed I was right to report the W2 portion, but they had to manually review the claim because the system flagged it as potential unreported work.
0 coins
Luca Esposito
•Thank you for sharing this! If my payment gets stuck in pending I'll definitely check out that service. Did the rep give you any guidance about how to handle the 1099 portion?
0 coins
Yuki Tanaka
•The rep confirmed that the 1099 portion (which in my case was for interest on the delayed wages) doesn't count as wages for EDD purposes. She put a note in my file explaining the situation so it wouldn't cause issues in future certifications.
0 coins
Carmen Diaz
I'm going through the EXACT same thing right now!!!! Got a settlement check from my old retail job for $3,450 with split W2/1099 forms. I called EDD for 3 days straight and finally got through yesterday. The rep told me: 1) YES report the W2 portion only 2) NO don't report the 1099 part 3) YES put the old employer's name 4) YES write a note explaining it's a settlement BUT!!!! Then she also told me I should expect my payment to go to pending because these situations trigger a manual review. She said it usually takes 7-10 days for them to sort it out. She also said if I hadn't reported it and they caught it later, it would be much worse - potential disqualification for misreporting plus having to pay back benefits.
0 coins
Luca Esposito
•Thank you so much for sharing your experience! This makes me feel better about reporting it. I'd rather deal with a delay than an overpayment notice later. I'll report the W2 portion tomorrow when I certify.
0 coins
Aisha Abdullah
Is anyone else TIRED of how complicated EDD makes everything?!?! Why can't they just have CLEAR guidelines about what counts as income? I swear they deliberately make it confusing so they can catch people making honest mistakes and then hit them with overpayments and penalties. I've been on UI twice in the past 3 years and both times had issues with their stupid system. It's like they're looking for reasons to deny benefits we EARNED.
0 coins
Nia Thompson
•fr its like they want us to mess up so they can say we commited fraud or somethin
0 coins
Ethan Wilson
Just to follow up on this thread with accurate information: 1. Settlement payments for wages (W2 portion) must be reported to EDD in the week received 2. Non-wage settlements (1099 portion) typically don't need to be reported 3. It's normal for your payment to go to pending when you report this kind of income 4. Keep all documentation for at least 3 years (settlement letter, payment stub, tax forms) 5. If your payment gets stuck in pending, you'll need to speak with a representative The most important thing is honest reporting - the temporary delay from reporting correctly is much better than dealing with an overpayment or potential disqualification later.
0 coins
Luca Esposito
•I reported the W2 portion on my certification yesterday, and sure enough, my payment status is now showing as pending. Going to try calling again today. Thanks for all the advice everyone!
0 coins