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TommyKapitz

Who can get unemployment benefits in California? EDD eligibility explained

So I got laid off from my job at a logistics company about two weeks ago and I'm trying to figure out if I even qualify for California unemployment. I worked there for about 14 months full time before they downsized my whole department. I've heard so many different things from coworkers about who can actually get unemployment benefits and I'm honestly confused about what the real requirements are. Like one guy told me you have to have worked a certain number of hours, another person said it's about how much money you made, and my cousin said she got denied because she quit voluntarily years ago but my situation is obviously different since I was laid off. Can someone just break down who can get unemployment benefits through California EDD? I don't want to apply and get denied for something stupid I could have avoided. Are there income thresholds? Does part time work count? What about if you were fired vs laid off? I have so many questions and the EDD website is honestly not that helpful for plain English answers.

Good news - based on what you described, you almost certainly qualify. Let me break down who can get unemployment benefits in California since EDD's own website buries the plain-language version. There are basically four main criteria: 1. You must have earned enough wages during what's called your 'base period' - this is typically the first four of the last five completed calendar quarters before you filed. EDD looks at whether you earned at least $1,300 in your highest-earning quarter, OR at least $900 in your highest quarter AND your total base period earnings are at least 1.25 times that highest quarter amount. 2. You must be unemployed through no fault of your own. Layoffs, company downsizing, position elimination - all of these generally qualify. Getting fired for misconduct or quitting without good cause typically disqualifies you. 3. You must be physically able to work, available to accept work, and actively looking for a job each week you claim benefits. 4. You must be legally authorized to work in California. With 14 months of full-time employment before a layoff, you should clear all four hurdles pretty easily. File as soon as possible because your benefit year starts from when you file, not when you were laid off.

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This is exactly what I needed, thank you. So the base period thing - does that mean if I just started a new job somewhere and got laid off after like 3 months I might not qualify because I didn't earn enough?

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Exactly right. If someone doesn't qualify under the standard base period, California EDD also has an 'alternate base period' that uses the four most recently completed quarters, which can help people in that situation. It's worth filing anyway and letting EDD determine eligibility - they'll automatically check both base periods.

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Also worth mentioning - part time workers CAN qualify for unemployment benefits as long as they meet the wage requirements. A lot of people assume UI is only for full time employees and that's just not true.

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The thing people always mess up when asking who can get unemployment benefits is they forget about the 'no fault' requirement. You said you were laid off which is the clearest path to approval. But your cousin who quit - she would have needed to prove she had 'good cause' to leave. Good cause means things like unsafe working conditions, significant reduction in pay or hours, documented harassment, that kind of thing. Just being unhappy or finding a better opportunity doesn't count as good cause under California EDD rules.

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Yeah my cousin was pretty bitter about it. She just quit because she hated her boss lol. Makes sense she didn't qualify.

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my situation is somewhere in between - i was basically forced out, they made my hours so bad i couldn't survive on the income. is that considered a voluntary quit or a layoff?? EDD never explained anything to me

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That's actually called a 'constructive discharge' situation and it does fall under good cause in California. If an employer makes working conditions so intolerable or drastically changes your employment terms, you may qualify even if technically you resigned. You'd need to document the hour/pay changes though. This often goes into adjudication so EDD can investigate the circumstances.

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I went through this exact confusion six months ago when my whole team got eliminated. One thing nobody told me that I really wish I'd known: FILE IMMEDIATELY. Like the day after your last day of work. I waited almost three weeks thinking I'd find something fast and that delayed my benefits significantly. The EDD doesn't backdate claims to your layoff date - your benefit year starts from the Sunday of the week you file. Also if you run into any issues getting through to EDD by phone (and you probably will - the hold times are brutal), I ended up using a service called Claimyr at claimyr.com that basically handles the hold queue for you and calls you back when an agent is available. Saved me hours of sitting on hold. They have a video showing how it works at https://youtu.be/JmuwXR7HA10 - I was skeptical but it genuinely worked when I had a question about my base period wages.

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Oh no I've already waited almost two weeks since being laid off. Is it too late to do anything about that lost time?

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Unfortunately you can't recover those two weeks unless you can prove good cause for late filing (like a medical emergency or something). But don't wait another day - file today if you haven't already. Every additional day you wait is just more money lost.

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the claimyr thing actually works? i spent 4 hours on hold with EDD last week and got disconnected twice. gonna look into this

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100% worked for me. Got a callback within a couple hours instead of sitting there redialing. When I finally needed to talk to someone about my base period wages it was such a relief not to fight through the phone system.

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ok so real talk - even people who got fired can sometimes get unemployment benefits. not always but it depends on WHY you were fired. if you made an honest mistake or your performance just wasnt good enough, that might not be considered 'misconduct' under EDD rules. misconduct has a pretty specific legal definition - its basically intentional violation of your duties or rules. so like if you got fired for being late a couple times that might not disqualify you. EDD has to actually prove willful misconduct not just that you got fired

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wait seriously?? i was fired for attendance issues and just assumed i couldnt get benefits. i never even tried to apply. is it too late for me?

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you have one year from when you were laid off/fired to file so check your dates. if youre within that window its worth filing and seeing what EDD decides. worst they can say is no

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This is accurate. California EDD uses a standard that distinguishes between poor performance (usually not disqualifying) and deliberate misconduct (disqualifying). Attendance issues can go either way depending on whether there were documented warnings, whether the employee had a pattern of willful disregard for company policy, etc. Always worth filing and letting EDD adjudicate rather than self-disqualifying.

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ugh I'm so jealous you're asking this BEFORE filing. I just got a disqualification notice after my claim went into adjudication for three weeks and apparently it's because I technically resigned even though I only resigned because my employer cut my salary by 35%. Nobody told me I could argue good cause. now I'm trying to appeal and it's a nightmare. FILE FIRST and ask questions later people - you can always sort out complicated situations through EDD adjudication or appeal.

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Oh man that sounds stressful. I hope your appeal goes through - a 35% pay cut definitely sounds like it should count as good cause.

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The appeal process is its own whole mess. I have a hearing scheduled but getting any actual help from EDD on what to prepare has been impossible. Called 40+ times without getting through.

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For the appeal preparation, you really need to get through to EDD directly. The Claimyr service I mentioned above - claimyr.com - might help you actually reach an agent who can tell you what documentation to bring to your hearing. That's not something you want to leave to guesswork.

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Since we're covering who can get unemployment benefits let me add the piece about what disqualifies you WHILE receiving benefits, not just when applying. A lot of people get approved, start collecting, then accidentally lose their benefits by: - Not completing their weekly certifications on time - Failing to report part time earnings they pick up while collecting (you must report ALL earnings) - Not doing the required job search activities (California EDD requires you to search for work and document your efforts) - Refusing a 'suitable' job offer without good reason - Leaving the country for more than the allowed period Getting approved is step one but you have to maintain eligibility every single week you file.

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The job search requirement - how many jobs do I have to apply for each week? I've heard different numbers.

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Currently California EDD requires you to make at least three job search contacts per week. You need to keep records of these - employer name, contact method, date, position applied for. EDD can audit your job search log so keep good records.

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i thought it was still two per week?? when did it change to three

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It went back to three contacts per week as of 2023 after the reduced requirements during the pandemic period ended. Make sure you're meeting the three-contact standard or you risk losing your weekly benefits.

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can someone clarify something - my roommate said you cant get unemployment if you were a contractor not an employee. is that true? i worked for this company for two years but technically i was classified as a 1099 independent contractor

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This is one of the most important unemployment questions in California right now. Traditionally 1099 independent contractors don't pay into unemployment insurance so they can't collect. HOWEVER - California has very strict worker classification laws under AB5. If you were actually doing employee-type work (set hours, directed by the company, using their equipment, no other clients) but they called you an independent contractor, you may have been MISCLASSIFIED. California EDD can actually reclassify workers and you could potentially qualify. It's worth filing and letting EDD investigate.

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wow i had no idea. i definitely was basically an employee - same hours every day, worked only for them, used their computer and software. they just called me a contractor to avoid paying benefits i guess

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This is super common and AB5 cracked down on it specifically. File with EDD and if they question your status, explain the nature of the working relationship. The 'ABC test' is what California uses - you have to meet all three criteria to be a legitimate independent contractor, and from what you're describing you likely don't.

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does anyone know if you can get unemployment if you work part time and your hours just got cut way down? like i still technically have a job but im only getting 8 hours a week now when i used to get 32

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Yes! This is called partial unemployment and California EDD has provisions for it. You can file for partial benefits if your hours have been reduced significantly through no fault of your own. You'd still report your part time earnings when you file weekly certifications and EDD will calculate a reduced benefit amount. You still need to be looking for additional/full time work though.

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seriously?? i've been suffering for three months not knowing this was an option. filing today

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Yes please file immediately. Partial unemployment is definitely available in California. Just know that EDD will calculate your weekly benefit amount based on your base period wages, then reduce it based on what you're currently earning each week. The formula is a bit complicated but you'll receive SOMETHING even while working those reduced hours.

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NOBODY TALKS ABOUT THIS: undocumented immigrants and people without work authorization CANNOT get regular California EDD unemployment benefits. The state does have some other programs but UI specifically requires you to be legally authorized to work. I see this question come up constantly and people go through the whole application process only to get denied. Just want to make sure everyone asking 'who can get unemployment benefits' has accurate information.

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That's a good point to include. The EDD website is vague about this.

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yeah EDD is vague about a lot of things which is honestly infuriating. the eligibility information on their website makes you dig through multiple pages to find straight answers

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just wanna share my experience bc i was totally convinced i wouldnt qualify and turns out i did. i only worked at my job for about 8 months but it was a decent paying job. thought the base period requirement would knock me out but nope, i made enough in my highest quarter that it cleared the $1300 threshold easy. approved in like 10 days with no adjudication needed. so moral of the story - just apply and find out, dont assume you dont qualify

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This is really encouraging thank you! I'm going to file today.

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good luck!! make sure you have your employment history, social security number, and last employer info ready. the online application through UI Online takes like 30-45 minutes if you have everything in front of you

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My sister is a teacher and she asked me about this - do teachers get unemployment benefits over summer? I know some professions have special rules

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Great question and yes there are special rules. Teachers and school employees have what's called 'reasonable assurance' provisions. If a teacher has reasonable assurance of returning to their position in the next school year, they typically cannot collect unemployment between academic terms (summers, winter breaks). This is a specific exclusion in California EDD law. It gets complicated when contracts aren't renewed or positions are eliminated - in those cases teachers might qualify. But the standard summer break situation usually doesn't qualify.

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that's what i figured. she was hopeful but i thought it was a no

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There are also specific rules for professional athletes between seasons, and for certain corporate officers of companies they own. The 'who can get unemployment benefits' question has a lot of carve-outs for specific situations that most people don't know about.

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For anyone reading this thread who actually gets denied - please know that you have the right to appeal ANY California EDD decision. You have 30 days from the date on the disqualification notice to file an appeal. Don't just accept a denial, especially if you were laid off and think you clearly qualify. The appeals process through the California Unemployment Insurance Appeals Board (CUIAB) is independent from EDD and they overturn EDD decisions fairly regularly. I know people who were initially denied and won their appeal.

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Going through this right now. My appeal is scheduled and I'm nervous. Any advice on what to bring?

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Bring everything documented: termination letter or any written communication about your separation, pay stubs, your employment contract if you have one, any emails relevant to the circumstances of your separation. Write out a clear timeline of events. The hearing officer isn't your enemy - they're looking to understand what happened. Be factual and calm.

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Thank you. I've been struggling to get clear guidance from EDD directly because I literally cannot get through on the phone. Tried the callback option too and it never actually calls back.

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Seriously try Claimyr (claimyr.com) before your hearing date. Getting actual human guidance from an EDD rep before your CUIAB hearing could make a real difference. The video at https://youtu.be/JmuwXR7HA10 shows exactly how the callback system works. Way better than the standard hold queue nightmare.

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quick question - my employer is contesting my unemployment claim saying i quit voluntarily but i was actually laid off. they straight up lied in their response to EDD. what happens now

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This goes into adjudication where EDD investigates the conflicting information. EDD will contact both you and your employer to gather more information. This is exactly why documentation matters - if you have anything in writing about the layoff (email, termination letter, severance agreement, WARN notice) that is gold. The burden of proof when an employer contests isn't impossible to overcome - EDD agents hear about employer misrepresentation regularly.

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i have a few texts from my manager about 'letting people go' and the department being eliminated. would that count

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Absolutely submit those. Screenshots of texts showing the employer's own words about eliminating the position directly contradict their claim that you quit. Present that during adjudication.

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Also keep filing your weekly certifications during adjudication! A lot of people stop filing while their claim is being investigated thinking there's no point. Keep filing every week - if you win adjudication, those weeks will get paid out retroactively.

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ngl the california EDD system is kind of designed to make you give up. the website crashes, the phone lines are impossible, even the mail takes forever. i got denied TWICE for the same claim before finally getting approved on appeal. both denials were EDD errors not anything i did wrong. just warning people that the process can be way harder than it should be even when you clearly qualify

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This is making me anxious about the process but I guess better to be prepared for the worst.

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sorry don't mean to scare you, your situation sounds straightforward. i had complicated circumstances with multiple employers and a weird base period. standard layoffs usually go smoother.

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the phone situation is genuinely the worst part. spent a combined maybe 15 hours on hold over two months trying to sort out one issue with my claim. there should be a better way

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Does your immigration status matter for unemployment? What about green card holders or people on work visas?

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Green card holders (permanent residents) can absolutely receive California EDD unemployment benefits as long as they meet the standard eligibility requirements. For work visa holders it depends on the visa type - if your visa authorizes employment and you were legally working, you can generally collect. The key requirement is that you must be legally authorized to work IN THE US, not just have been working. H-1B holders for example can typically collect UI if they were laid off, though visa implications and your ability to maintain status are separate issues you'd want to consult an immigration attorney about.

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thank you, my friend is on a work visa and just got laid off and is panicking about everything at once

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something I never see mentioned: self-employed people who VOLUNTARILY paid into disability insurance and SDI don't automatically get UI. unemployment insurance and state disability insurance are completely different programs with different eligibility. i see people confuse these constantly

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Really good point. California SDI (State Disability Insurance) is for when you can't work due to illness, injury, or pregnancy. California UI (Unemployment Insurance) is for when you've lost your job or had hours reduced. Different programs, different eligibility, different weekly certification processes. Some people don't realize they applied for the wrong one until weeks in.

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exactly. and there's also Paid Family Leave which is yet another separate program. they all fall under EDD's umbrella which is confusing but they are very different things

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This is genuinely helpful to know. I definitely want UI not SDI since I'm physically fine and just got laid off.

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one thing i want to add about who can get unemployment benefits - what about people who were laid off but also received severance pay? does severance disqualify you or reduce your benefits?

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Severance is handled based on how it's structured. A lump sum severance payment doesn't typically affect your weekly UI benefits or delay your start date. However if your employer is continuing to pay your regular salary for a set number of weeks as 'separation pay' that might count as wages and could affect your benefit amount during that period. The distinction matters so it's worth calling EDD to clarify how your specific severance package will be treated.

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mine was a lump sum. so i should just report it and explain what it is?

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Correct. Disclose it on your application and let EDD classify it. Trying to hide income is never worth it - overpayment notices are way more painful than a temporary benefit adjustment.

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sorry if this is dumb but - do you have to be a California resident to get California EDD unemployment? i moved to Nevada recently but i was working in California for a California company until i got laid off

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Not a dumb question at all - it's actually based on where you WORKED, not where you live. Since you were employed in California, you file for California unemployment benefits even if you're now living in Nevada. The wages you earned in California went into the California UI fund so that's where your claim goes. Just be aware that for the job search requirements, you'd be looking for work in your current location (Nevada) which is totally fine.

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oh that actually makes things simpler. i was confused about which state to file with

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To add to this - if you worked in multiple states, things get more complicated. But single-state employment situation like yours goes to the state where the work was performed.

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PLEASE if anyone is stuck in adjudication for more than 3 weeks with no updates, do whatever it takes to get a human being on the phone at EDD. I sat in adjudication for 7 weeks because there was a simple error on my claim that nobody told me about. A quick phone call fixed it in 10 minutes but getting that phone call was the hard part. Adjudication doesn't automatically resolve itself.

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How did you finally get through? I've been trying for weeks

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Honestly used Claimyr - claimyr.com - after a coworker recommended it. I was really skeptical but I'd already wasted so many hours on hold. It connects you to an actual EDD agent via callback. Watched their demo video at https://youtu.be/JmuwXR7HA10 before trying it. The call that finally got my adjudication resolved took literally 8 minutes once I had a real person on the line.

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8 minutes to fix a 7 week problem... that's both a relief and infuriating

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VERY infuriating. But at least it got fixed. Still bitter about 7 weeks of zero income over what turned out to be a data entry error on EDD's end.

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UPDATE: Filed my claim today after reading through all of this. The UI Online application was actually pretty straightforward once I had all my info ready. Took me about 35 minutes. It says my claim is 'pending' and I should receive a determination within 3-5 weeks. Fingers crossed it goes smoothly. Thank you everyone for the incredibly detailed info on who can get unemployment benefits - this thread answered basically every question I had and a bunch I didn't know to ask.

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Great news! Keep filing your weekly certifications starting next week even while your claim is still pending. And keep up with your job search requirements (3 contacts per week). Good luck - sounds like you have a strong claim.

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Congrats on filing! Based on everything you described you should be fine. The 3-5 week estimate is a bit conservative - many straightforward layoff claims get approved faster. Check UI Online regularly for updates.

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rooting for you!! keep us posted

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