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something nobody told me is that u can request a copy of your employers response before the hearing!!! call edd and ask for it so u know what theyre gonna say
This is correct. Under California Unemployment Insurance Code Section 1952, you have the right to examine your appeal file before the hearing. The packet you receive should include the employer's response, but if it doesn't, you can contact the Appeals Board office listed on your hearing notice to request it. Knowing what arguments your employer is making in advance helps you prepare appropriate counterpoints.
Thank you everyone for all the advice! I feel much more prepared now. I've started gathering my evidence - found texts from my manager cancelling my shifts, paystubs showing my hours dropping from 30+ to under 10 per week, and even a text where I specifically asked for more hours and was told they "didn't have enough business right now." I've also started writing out my timeline and practicing explaining my situation clearly. I'll definitely request my employer's response too, that's a great tip! I'll update this thread after my hearing to let everyone know how it went. Fingers crossed!
It sounds like you have excellent documentation! Those text messages specifically asking for more hours will be very helpful. The key element in constructive discharge cases is proving that: 1) Your working conditions substantially changed (hours severely reduced) and 2) You made reasonable efforts to resolve the situation before leaving. You appear to have evidence for both points, which puts you in a strong position. Wishing you the best of luck!
I just remembered something! When I got laid off from my serving job last year, I had another part-time gig too. The EDD person told me that if my hours get reduced by 20% or more it counts as a significant change! Your hours went from 25 to 20 which is exactly 20% less! Maybe that's why someone above mentioned a new "qualifying event"?
That's not completely right. The 20% thing is for Partial UI when you're still working but at reduced hours compared to normal. OP is already on partial UI. What matters is if they have enough wages in their base period quarters to qualify for a new claim, not the percentage reduction from an already reduced schedule.
Update: I finally got through to EDD this morning! The representative confirmed what many of you said - there are no automatic extensions currently available. However, she reviewed my case and said that because my hours were reduced again last month, I might qualify for a recalculation of my benefits. She's transferring my case to a specialist who will call me back within 7-10 business days. Fingers crossed this works out! Thanks everyone for all your advice and help.
my brother works for edd (not supposed to tell anyone lol) says they're doing system updates this week and lots of weekend certifications are delayed. shouldnt be anything to worry about!
UPDATE for anyone finding this post later: The most likely explanation is the Monday holiday (Memorial Day) causing processing delays. EDD typically takes 48-72 hours after holidays to catch up on certifications. Since you certified on Sunday before a holiday, expect things to take 1-2 days longer than usual. Still recommend waiting until Thursday before calling.
One more thing - make sure you report you were looking for work during this period EVEN THOUGH you had this short gig. Since it's temporary, you're still available for full-time employment and should be continuing your work search efforts. I got tripped up on this and almost lost benefits because I didn't report my work search activities during a week I had a short contract job.
OMG the EDD system is THE WORST for self-employed and contract workers!! I had to deal with this for MONTHS during the pandemic. Sometimes I think they intentionally make it confusing so they can later say you did it wrong and make you pay everything back. It's like they don't understand that not everyone has a simple hourly job with regular paychecks!!
Evelyn Kim
what about legal aid? i think they help with edd stuff for free if ur low income
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Raúl Mora
•I hadn't considered that. We definitely qualify as low income at this point. I'll search for legal aid services in our area today. Thanks for the suggestion!
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Henrietta Beasley
Make sure to file your second appeal WITHIN 30 DAYS of receiving the first appeal decision! This deadline is super strict and they won't make exceptions. Send it certified mail so you have proof of when you submitted it.
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Raúl Mora
•Yes! We got the decision letter 3 days ago, so we have 27 days left. Planning to submit the second appeal by the end of this week after collecting all the additional documentation everyone has suggested. Great tip about using certified mail!
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