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As someone who just went through a successful EDD appeal last month, I can't stress enough how important it is to upload everything ASAP! Don't just upload the documents though - write a cover letter explaining what each piece of evidence proves and how it relates to your case. For a 1256 voluntary quit issue like yours, those manager texts are absolutely crucial. I'd also recommend calling your former employer's HR department and asking them to correct the separation reason in their system if possible - sometimes they'll do it to avoid the hassle of the hearing. If not, at least you tried. One more tip: during the hearing, let the judge ask questions rather than just talking nonstop. They appreciate concise, direct answers. You're going to do great with that evidence you have!
This is really solid advice, especially about writing a cover letter explaining each piece of evidence! I hadn't thought about calling HR to try to get them to correct the separation reason - that's brilliant and could potentially resolve this without even needing the hearing. Do you know if there's a specific way I should approach that conversation with HR, or just be straightforward about the mistake? Also, your point about letting the judge ask questions is really helpful - I was worried about forgetting to mention important details, but I guess being concise and responsive is better than rambling. Thanks for sharing your successful experience!
One thing I haven't seen mentioned yet - make sure to check if your employer is actually going to participate in the hearing! A lot of times employers don't even show up, especially if they know they made an error. You can call the EDD appeals office about a week before your hearing to ask if the employer has confirmed their participation. If they're not participating, your case becomes much easier to win since you'll be the only one presenting evidence. Also, since you mentioned this is affecting your ability to take time off work - most appeal hearings only last 15-30 minutes, so don't stress too much about a long time commitment. The judges are usually very efficient and stick to the facts. With those manager texts and a clear timeline, you should be in and out pretty quickly!
That's such a good point about checking if the employer will even show up! I never would have thought to call and ask about that beforehand. It would definitely make me feel more confident going into the hearing knowing they might not even participate. And thanks for the reassurance about the timing - I was imagining some long, drawn-out legal proceeding, but 15-30 minutes sounds much more manageable. I can definitely get that time off work without too much hassle. I'm feeling so much more prepared after reading everyone's advice here. This community is amazing!
I have the same certification schedule! After you certify on Dec 7 and 21, the money usually hits your card within 24-48 hours if there aren't any issues with your claim. So you'll get payments around Dec 8-9 and Dec 22-23. That's it for December. The next payment that includes the last week of December will come in January after you certify. I'm planning my Christmas budget the same way - only counting on those two payments in December. Hope that helps!
To answer your question precisely: 1) If you certify on December 7th, that covers November 23rd through December 6th. This payment will arrive in December. 2) If you certify on December 21st, that covers December 7th through December 20th. This payment will also arrive in December. 3) If you certify on January 4th, 2026, that covers December 21st through January 3rd. This payment will arrive in January, even though it includes December weeks. So technically, you'll receive benefits for all December weeks, but only 2 actual payments will arrive in December. The payment schedule is based on biweekly certification periods, not calendar months.
I'm dealing with a similar overpayment situation right now and this thread has been incredibly helpful! I received my notice two weeks ago with the 30% penalty (so definitely fraud classification) for $2,100. Like many of you, it was related to confusion about reporting gig work - I was doing Instacart and Uber Eats and honestly had no idea how to properly report the varying weekly amounts. Reading through everyone's experiences gives me hope that I can get this overturned. I'm gathering all my documentation now including my actual earnings records and screenshots of the confusing certification questions. The part about proving intent rather than just saying "I made a mistake" is really valuable advice. Question for those who successfully appealed: How detailed should the timeline be in the appeal letter? Should I go week by week or just highlight the main discrepancies? And did anyone have success with gig work specifically as the reason for confusion? Thanks to everyone sharing their stories - it makes this whole process feel less terrifying!
Welcome to this stressful but unfortunately common situation! For the timeline in your appeal letter, I'd suggest going week by week for the specific weeks where discrepancies occurred, but you can summarize periods where you reported correctly. Focus on the weeks that led to the overpayment and be very specific about what you reported vs. what you actually earned, and WHY you reported it that way. Gig work confusion is actually one of the most successful grounds for appeal because the reporting requirements are genuinely confusing - especially when you have multiple platforms with different payment schedules. Make sure to mention specific things like: how Instacart pays tips separately from base pay, how Uber Eats has surge pricing that varies, weekly vs. daily payment cycles, etc. These details show the judge that you were dealing with legitimately complex income reporting. Also screenshot the actual certification questions if you can still access them - the wording is often ambiguous about gross vs. net income, when exactly to report payments received vs. work performed, etc. Good luck with your appeal!
I'm new to this community but unfortunately not new to EDD issues. Just wanted to add that if you're dealing with a fraud determination, it's also worth checking if EDD sent you any preliminary notices or questionnaires before issuing the overpayment notice. Sometimes they send a "Notice of Potential Overpayment" or ask you to complete a fact-finding questionnaire first. If you never received those or if you responded but they ignored your explanations, that can be additional grounds for your appeal. Also, for anyone stressed about the 30-day appeal deadline - you can request an extension if you have good cause (like not receiving the notice timely, medical issues, etc.). Don't let a tight deadline prevent you from appealing if you have a legitimate case. The fraud vs. non-fraud distinction really does matter tremendously, not just for the penalty but for your future eligibility, so it's definitely worth fighting if you genuinely made an honest mistake.
This is really valuable information about the preliminary notices! I never received any fact-finding questionnaire before getting my overpayment notice, which seems like it might be important for my appeal. Do you know if EDD is required to send those questionnaires before making a fraud determination, or is it just something they sometimes do? I'm wondering if I can argue that they didn't follow proper procedure. Also, the point about requesting an extension is good to know - I was panicking about the 30-day deadline but it's reassuring to know there might be some flexibility if needed.
I hate to be the bearer of more bad news, but I went through this exact same scenario about 8 months ago. Restaurant industry here too - got laid off and burned through my 26 weeks with no extensions available. What really caught me off guard was how quickly those 26 weeks went by. I kept thinking something would come up or that there'd be some kind of emergency extension program, but nope. California really doesn't have anything once regular UI runs out unless the unemployment rate hits specific federal triggers (which it hasn't). The silver lining is that I did manage to find work eventually, though I had to take a significant pay cut and work outside my usual management role. I ended up doing delivery driving and some retail work just to get by and build up wages for a potential future claim. It wasn't ideal, but it kept me afloat. My advice: start applying for CalFresh NOW if you haven't already - the application process can take a few weeks. Also, don't sleep on food banks and local assistance programs. I was too proud to use them at first but honestly they were a lifesaver during the gap between my last UI payment and finding steady work. The job market is rough but hang in there. Sometimes taking something temporary outside your field can actually lead to unexpected opportunities.
Thanks for sharing your experience - it's really helpful to hear from someone who went through the same thing. You're absolutely right about how fast those 26 weeks go by. I keep thinking I have time but it's already almost over. I've been hesitant about taking jobs outside my field because I was hoping something in hospitality management would come up, but you make a good point about delivery or retail work helping build wages for a future claim. I hadn't thought about it that way. I'm definitely going to apply for CalFresh this week - thanks for the heads up about the processing time. Did you find that having those temporary jobs on your record helped when you eventually found something more in your field, or did employers ask about the gap?
I'm going through something similar right now - my UI benefits are running low and I'm also in the restaurant industry. The job market is absolutely brutal right now. What I've learned from calling EDD (took me forever to get through) is that once your regular 26 weeks or maximum benefit amount is exhausted, that's it. No extensions available unless unemployment rates trigger federal programs, which they haven't. One thing that's helped me is expanding my search beyond just management roles. I've been applying for server positions, bartending, even hotel front desk jobs - anything in hospitality that might lead back to management eventually. The pay isn't what I'm used to but it's better than nothing, and like others mentioned, you need those wages to qualify for a new claim when your benefit year ends. Also definitely apply for CalFresh - I put it off thinking I'd find work soon but wish I'd done it earlier. The process takes time and every bit helps when you're stretching savings. Some counties also have one-time emergency assistance for rent, though the waitlists can be long. It's frustrating because we paid into this system and 26 weeks really isn't enough time in this job market, but we have to work with what we've got. Keep pushing through the applications - something will come up!
That's really good advice about expanding the search beyond management roles. I've been so focused on finding another management position that I hadn't seriously considered going back to server or bartending work, but you're right that it's better than nothing and could lead back to management eventually. Plus like you said, I need those wages for a potential future claim. The hospitality industry connections might help too - sometimes managers get promoted from within or hear about openings at other properties. Thanks for the reality check and encouragement!
Ethan Clark
Just a heads up, they've been doing random audits on work-from-home claims. Make sure you have all your ducks in a row!
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Victoria Brown
Thanks for posting this! I'm in a similar situation and was wondering the same thing. From what I've gathered reading through these comments, it seems like using your home address as the place of business is the way to go. @CosmicCrusader's breakdown was super helpful - definitely saving that info! One thing I'd add is to keep screenshots of everything you submit, just in case there are any issues later. The system can be unpredictable and having your own records helps. Also, if you have any emails or documents from your employer about the WFH arrangement, keep those handy too. Hope your claim goes smoothly! 🤞
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Nora Brooks
•This is such great advice! I wish I had thought to take screenshots when I first filed - learned that lesson the hard way when I had to resubmit some forms. Definitely keeping all my employer emails organized now too. It's crazy how much documentation we need just to prove we're eligible for benefits we already paid into! 😅
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