Which situations are not considered unemployment by California EDD?

Wait so if I'm on a paid leave of absence that's NOT considered unemployment? That's kind of surprising. So I couldn't file while still receiving paid leave from my employer?

Exactly right. If you're receiving any wages including paid leave, sick pay, or vacation payout, EDD reduces or eliminates your benefit amount for that period. You're only considered unemployed for the weeks where you have no wages or significantly reduced wages.

this is super helpful I never knew partial unemployment was even a thing with california edd

I did actually send my manager an email about potentially working from home twice a week but she said no. Does that count as trying to resolve it?

YES that email is gold. Keep that. That demonstrates you made a good faith effort to address the issue before leaving. Print it out and have it ready for your adjudication interview.

adjudication interview?? nobody told me there was an interview involved when i filed omg

I've literally been trying to call EDD for days and can't get through. I'll check out that Claimyr link thanks

does claimyr actually work? seems almost too good to be true lol

I was skeptical too but it genuinely worked for me. Got a live EDD agent who answered all my eligibility questions in one call. Saved me weeks of frustration.

This is a common misconception. Traditional self-employed and independent contractors are generally not eligible for regular California UI benefits. Your brother might have been eligible during a specific period a few years back but under current rules, standard UI does not cover independent contractors unless they also had W-2 employment that qualifies.

oh wow he might have been getting benefits he wasnt supposed to get?? or maybe he had some w2 work too idk

Yeah the rules changed, regular unemployment now is pretty strictly for W2 employees who lost work through no fault of their own

That's really good to know. So if someone got let go during a probationary period they'd likely still qualify?

Usually yes, probationary terminations generally qualify unless there was some kind of clear misconduct involved. EDD looks at the reason for separation not just the fact that you were let go during probation.

I got fired 'for cause' but my employer literally made up the reason and I appealed and WON so don't give up if EDD initially denies you based on what your employer says

Oh I didn't think about that. Yes I'm fully able to work and I've been applying to jobs. Does EDD want proof of job searches?

Yes - you need to log at least 3 job search activities per week and EDD can audit your records at any time. Keep a detailed job search log with employer names, dates, position titles, and how you applied. If you ever get a job search audit and can't produce records you could face an overpayment.

wait 3 per week EVERY week?? I thought it was just when you filed your weekly cert

I'm panicking a little, I've been filing weekly certs but keeping very sloppy records. Should I go back and try to recreate my job search log?

Don't try to fabricate or recreate fake records - that's fraud territory. But anything legit you can pull from your email history, LinkedIn activity, Indeed account - gather all that. Going forward be meticulous.

This whole thread has been eye opening. I had no idea there were so many ways to mess up a claim.

No - to qualify for California unemployment insurance you need to have earned wages from W-2 employment during your base period (approximately the first 4 of the last 5 completed calendar quarters before you file). Students who have never worked don't have the wage credits needed to establish a claim.

oh dang ok that makes sense I guess. So UI is like insurance you pay into through your job

Exactly right. EDD UI is funded by employer payroll taxes specifically for employees. No employment history = no UI eligibility. You'd want to look into other assistance programs if you're a recent grad who hasn't worked.

California EDD does handle this. If you lose one job but still have another, you may qualify for partial unemployment benefits. EDD will look at your total weekly earnings compared to your weekly benefit amount. If you're still earning close to or more than your WBA from the remaining job, you might not receive much or anything. But it's worth filing to find out.

ok so it's worth filing even if I still have one job, got it

Definitely file. The worst that happens is they calculate zero benefit because of your remaining income. But if the lost job was your bigger income source you could definitely see some partial benefits.

yes this!! my whole department got furloughed for 3 weeks and half of us didn't even know to file

I think there's also a standby status you can get in certain cases where you don't have to do the job search activities during a furlough. Ask EDD about standby if your employer confirms you're coming back.

Great point about standby status. That's huge - if your employer gives you a return to work date within 60 days you can potentially be placed on standby which waives the job search requirement.

The time between jobs can count but you have to be careful. You have to meet the 'able and available' requirement for every week you claim. If you intentionally took time off to not work AND not look for work, those weeks could be disqualified. EDD might view that as you not being available for work.

ugh I really should have just filed right away. So I might have lost 2 months of benefits basically

You can only collect going forward once you file anyway - California EDD does not allow retroactive benefits for weeks before your claim was established in most cases. File now and don't delay further.

Fair correction. I should have been more precise. EDD evaluates misconduct on a case by case basis. Isolated incidents or performance issues generally don't rise to misconduct. But a pattern of willful behavior after repeated warnings can be classified as misconduct. The key word is 'willful.

Exactly. And if EDD does deny you for misconduct, APPEAL. The appeals process exists for a reason and many misconduct determinations get overturned at the hearing level especially if you have your own documentation.

How long does an appeal take? I've heard it can take months

That's a really important tip. So even if you're denied you keep filing weekly certs while appealing?

Yes exactly. The weekly cert establishes your continued eligibility for each week. If you stop filing and then win your appeal you may not be able to go back and claim those weeks.

this forum is literally saving my life I had no idea about any of this stuff

Adjudication means EDD is investigating whether you qualify for benefits. It happens when there's a question about your eligibility - usually because your employer reported something that conflicts with what you reported, or because of your reason for separation. EDD puts your claim on hold while they figure it out. You may get a call or letter asking for more information.

oh ok so it's not necessarily bad it just means they're looking into it?

Right, it doesn't automatically mean denial. But it does delay your payments. If you're stuck in adjudication for more than a few weeks with no communication, you need to proactively reach out to EDD to check the status and see if they need anything from you.

5 weeks in adjudication sounds like a nightmare. I'm at week 3 with no word. Going to try this

I've been calling the EDD number literally every single day for two weeks and never once got through. If this service actually works that would be incredible

Getting stuck in adjudication limbo is genuinely one of the most stressful parts of the whole UI process. Not knowing if money is coming makes everything worse.

Wait what about if workers comp ends and your employer won't take you back? Then you'd qualify for UI right?

Yes - once workers comp ends, if you're cleared to return to work but have been laid off or your position no longer exists, you can then file for unemployment. The key is you need to be medically released to work before UI applies.

And document everything about your workers comp end date and employer's refusal to take you back. You'll need it for the claim.

Voluntary retirement is treated similarly to voluntary quit - generally not eligible for UI unless you can show compelling circumstances. And if you're receiving pension income, that can reduce or eliminate your UI benefit amount anyway depending on who funded the pension.

interesting. so retiring isn't the same as being unemployed in EDD's eyes even if you need income

Correct. EDD is specifically an insurance program for involuntary job loss. Voluntary exits including retirement typically don't qualify without showing a compelling reason that meets EDD's good cause standard.

That's exactly the right approach. File, be honest about your reason for leaving, have your documentation ready, and let the adjudication process work. Good luck!

good luck!! update us please

And if you hit a wall trying to reach EDD during your adjudication process, seriously try Claimyr. It made a huge difference in my case when I needed to actually talk to someone.

this should be pinned honestly

extremely helpful thank you for putting this together

Saving this comment. Perfect summary.

should add 'being a student with no work history' to the not unemployment list lol