Able and Available AA 195 (2023)

Type of Work

This section covers the effect restrictions to a certain type of employment or to preferred employers, may have on the claimant’s availability.

A. General

An important point to remember when considering any restrictions the claimant has placed on the type of work he or she will accept, is that to meet the availability requirements, a claimant is not required to hold himself available for every type of work that he is physically able to perform. As provided in Section 1258 of the Calif. Unemp. Ins. Code, the claimant must be available only for suitable employment.

Section 1258 provides:

"Suitable employment" means work in the individual’s usual occupation or for which he is reasonably fitted, regardless of whether or not it is subject to this division.

In determining whether the work is work for which the individual is reasonably fitted, the director shall consider the degree of risk involved to the individual’s health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence, and such other factors as would influence a reasonably prudent person in the individual’s circumstances."

While Section 1258 provides the criteria for determining the suitability of work for any particular individual, Section 1259 of the Code lists those jobs which are to be considered as unsuitable for all claimants. Section 1259 states in part:

". . . (N)o work or employment shall be deemed suitable . . . under any of the following conditions:

(a) If the position . . . is vacant due directly to a strike, lockout or other labor dispute;

(b) If the wages, hours, or other conditions of work . . . are substantially less favorable to the individual than those prevailing for similar work in the locality;

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(c) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization."

A claimant may refuse to consider any work covered by Section 1259, without providing a reason, because the work by definition is unsuitable.

A claimant who has good cause to restrict the type of work he will accept, must still have a substantial field of employment open to him or her, in order to be considered available for work.

B. Usual Occupation

"Usual occupation" or "customary work" means the type of work a claimant ordinarily performs by virtue of experience and/or training.

Normally claimants do not think of seeking work in other than their usual occupation. And, in most cases little question is raised as a result of this restriction, provided that good prospects exist for obtaining employment in this occupation within a reasonable time.

InLoew’s, Inc. vs. California Employment Commission(1946), the District Court of Appeal, in discussing restricting to usual occupation, stated:

"The mere fact that a claimant at the time of filing his application, seeks work only in his usual occupation does not of itself establish that he is not available for work. A claimant, who had full-time employment in an occupation in which he is particularly trained and skilled, BUT who was unemployed at the time of filing his claim through no fault of his own, may be held to be available for work even if at the time of filing his claim he refuses to accept employment in any other trade than that which is his usual occupation, PROVIDED it is established that good prospects exist for obtaining employment in his usual occupation on a full-time basis within a reasonable time."

Thus, a claimant with many years’ experience in his or her occupation may restrict to that "usual occupation" as long as a labor market exists, and there is a prospect of the claimant returning to that occupation within a reasonable time. However, the claimant’s availability would be seriously questioned if the customary work no longer existed in the area, or if the claimant placed other restrictions on acceptable work.

In some cases the claimant will restrict to employment in other than his or her "usual occupation." While exclusion of a claimant’s customary work raises a question of unavailability, the Board has repeatedly held that such an exclusion does not necessarily render a claimant ineligible if the restriction is imposed for compelling reasons, and a substantial field of employment remains open to the claimant.

However, if the restriction is for noncompelling reasons, the claimant would be ineligible under Section 1253(c) if his or her potential labor market was materially reduced by the restriction.

Before determining whether a labor market exists in a particular occupation, it is necessary to determine whether the claimant is qualified by experience and training to perform work in that occupation. If the claimant is not qualified, the presence or absence of a labor market has no effect on his or her availability.

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C. Experience and Training

1. What Constitutes Experience and Training

Any experience or training which is relevant to employment is significant when determining a claimant’s availability. While most experience and training is gained through employment, courses at a trade school or college will normally result in the development of some marketable skills.

The significance of a skill developed in school was demonstrated in P-B-220. A telephone operator with limited experience had been disqualified for refusing suitable employment. In holding the claimant available for work, the Board stated:

". . .(C)onsideration must be given to the fact that the claimant is twenty years of age, has worked for the employer full-time for only a period of nine months, has had two years of college education and has qualifications which render her adaptable to the demands of the labor market in other occupations . . . "

In other words, in determining her availability, the claimant’s work experience was not of such length as to completely disregard her college training. (Also, a person’s experience in self-employment might be given greater weight in determining his or her usual occupation, than a brief but more recent experience as an employee.)

There are two common characteristics of many claimants’ experience and training:

  • It is of such a general nature that it is applicable in many industries. For example, a factory worker.
  • It may be in more than one occupation. For example, a factory worker who also has worked as a salesperson.

These two characteristics were covered in P-B-269, where the claimant had moved to an area where work within her most recent experience as a rubber factory worker did not exist. The claimant was denied benefits on the basis that she had withdrawn from the labor market and was no longer available for work. In reversing the decision, the Board stated:

"While it is admitted that there are no rubber manufacturing concerns in the immediate vicinity of Chico . . . the experience which the claimant acquired while employed as a rubber factory worker would reasonably fit her to perform other factory work which does exist in Chico. In fact, the evidence discloses that these prospective employers were willing to train workers to operate various machines in the establishments. The claimant was willing to accept such work and had applied for same. A further point to consider . . . is that the employment service apparently considered the claimant qualified as a salesclerk for she was registered and classified with regard to her occupational skills as a salesclerk. The claimant has had prior experience as a salesclerk, such work exists in the area, and she was seeking employment of that nature."

It should also be noted that experience and training which may be of little significance in one industry, may have great value in another industry where labor is in short supply.

2. Skills Transferable to Other Industries

In evaluating the claimant’s potential labor market, consideration should be given not only to the industry in which the claimant last worked, but also to any related industries for which the claimant is qualified by experience or training. Many occupational skills are transferable from one industry to another. While the transfer of experience and training most frequently occurs in the lower skilled classifications, such transfer can also occur in semiskilled and skilled occupations.

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Claimants are sometimes reluctant to transfer from one industry to another even though the occupational skills required are identical or similar. However, when prospects of securing employment in a claimant’s regular industry are limited, the refusal to consider employment in another industrial field may well render the claimant unavailable. Care should always be taken that the claimant’s "usual occupation" and/or other occupations for which he or she is reasonably fitted, are determined by considering the similarity of the experience and training required, not the job title given by the claimant.

A common characteristic of many claimants’ experience and training is that it is of such a general nature, that it will qualify them for a number of positions in various industries. This fact is particularly important to remember where employers are willing to hire and train workers with any experience comparable to that desired by the employer.

3. No Usable Experience or Training

Occasionally a problem arises because a claimant’s work experience is lacking as in the case of a claimant who has recently entered the labor market from school. Although such claimants may have acquired some training or experience while in school, this does not mean that every college graduate, with even a few months’ work experience, has established a pattern of training or experience sufficient to permit restriction to a particular classification. While it may be normal for a recent graduate to seek work with maximum opportunities for advancement, or full utilization of taught skills, such a restriction cannot be considered as compelling. And, since the restriction is for a noncompelling reason, the claimant would be ineligible under Section 1253(c) if his or her availability is materially reduced.

4. Experience and Training in More Than One Occupation

Normally a claimant who has experience or training in several occupations, is required to hold him or herself available for work in all of them. This is particularly true when prospects of work in his or her primary occupation are poor.

An exception can be made in those cases where acceptance of work in a secondary occupation would preclude or materially reduce the chances of securing employment in his or her primary occupation. This would be especially true when the primary occupation is on a much higher skill level, and the length of unemployment is of short duration.

In P-B-173, the claimant was last employed for three years and ten months as an executive secretary. When the claimant filed a claim for benefits, the claimant asked to be classified as an executive secretary but the department refused to do so and classified her as a secretary. The claimant restricted her availability to executive secretary and the rate of pay that goes with the position. The Department held the claimant ineligible under Section 1253(c). In reversing the decision, the Board stated:

"The evidence very clearly established that the claimant had a long and substantial history of work experience as an executive secretary. For approximately fifteen years preceding the filing of her claim, she had satisfactorily held down the exacting responsibilities of such a position . . . . Upon the basis of the claimant’s past work experience, the department should have given claimant the occupational classification of executive secretary. Claimant requested that she be so classified; and it was error to refuse her request in this respect. Moreover, this error appears to have been injurious to claimant’s opportunities for correct and satisfactory placement in her proper labor market for her capabilities are shown to be such that she would actually be undesirable for employment by most employers seeking steady secretarial help to do routine work. . . . If this claimant had been properly classified in a market for executive secretaries . . . she should have had a reasonable chance of procuring work . . ."

Another type of problem that occasionally occurs, is the disappearance of the claimant’s normal labor market for physical, technological, or seasonal reasons, which are beyond the claimant’s control. In such cases the claimant may still be held available providing there is:

  • Work in some other occupation in which the claimant’s prior experience or training is qualifying, or
  • Work in the labor market which the claimant is willing to take and which requires little or no prior training or experience.

NOTE: In dislocated worker cases, where the claimant’s occupation has been eliminated or is obviously declining because of technological reasons, the possibility of retraining should be considered.

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D. Preferred Employer or Employment

It is unreasonable for a claimant to restrict his or her availability to include only the most recent employer, unless there is a definite and immediate prospect of returning to work with that employer.

In the following case, the claimant placed so many restrictions on acceptable employment that the only work he was available for was with his former employer. While this case deals with seasonal employment, the principles apply to employment of a non-seasonal nature as well.

InSwaby v. CUIAB(1978), a California Appellate Court case, the claimant a lifelong seasonal farm worker, had been seasonally employed by the same employer from December 1 through June 30 during the four years preceding the filing of his claim. He was experienced in the pruning, thinning, picking and packing of grapes, preferring grape work to other types of farm labor. He did not follow the crops, preferring instead to work solely for one employer. Mr. Swaby was advised by the Department that he must seek work independently as well as check with the union hiring hall and was assigned an "A" seek work plan. Mr. Swaby’s position was that he was qualified only for grape field work and his search for work consisted solely of contacting his union hiring hall. He did not apply for grape work at other employers in the San Bernardino County area. On appeal Swaby’s primary contention was that he was available for work and therefore entitled to benefits during the off-season. In its decision, the Court stated:

"Swaby’s self-delineated field of suitable employment was grape-field work for growers under contract with the United Farm Workers #271 Union in the Coachella Valley. The union had one collective bargaining agreement with one grower, whose maximum employment period was seven months. Swaby specifically excluded: all other forms of labor in any locality; other field or harvesting work within a reasonable radius of his . . . residence; and, specifically, grape field work in the San Bernardino Valley from September through November. Swaby’s self-defined boundaries of suitable employment, limited in type, locality, and period of availability restricted Swaby’s availability to an economically insubstantial field of employment. In effect his self-imposed restrictions on suitability and area of employment, constituted a voluntary withdrawal from the employment market. While a seasonal worker is not precluded by the intermittent nature of his work from collecting unemployment benefits, he must make reasonable efforts to procure rationally-related suitable employment, and may not sit by idly and collect unemployment benefits while awaiting his next cyclical work period."

Sometimes claimants without restricting themselves to a particular employer, restrict themselves to a particular type of work within their regular occupation.

Problems arising from restrictions to one type of work should be distinguished from problems arising from a claimant’s restriction to his usual occupation or to the occupation using his highest skill. Restriction to the claimant’s highest occupation or work employing his or her highest skill are usually motivated by a reasonable desire to earn at maximum capacity.

Restrictions to a particular type of work, namely, to some section of work or specific task within the regular occupation, are usually motivated by personal convenience and preference and, therefore, rarely are of a compelling nature. Consequently, the inference of unavailability is very strong unless evidence shows that the restriction is compelling, or that the claimant’s labor market has not been materially reduced by the restriction.

It is important to recognize whether the claimant has established an actual restriction on acceptable employment or is merely stating a preference.

In P-B-205, the Board considered the case of an individual who, upon registering for work and filing his claim, indicated that his former employer might recall him and, lacking experience in types of work other than ship’s purser, wanted to wait a reasonable time for recall before looking for other work. The claimant later explained that his statement was not intended to be an absolute restriction, and the facts established that he had sought other employment almost immediately following his layoff. In holding the claimant’s statement a "preference," the Board stated:

"In holding the claimant unavailable for work the Referee construed the claimant’s written statement . . . as a total restriction on availability. In view of the fact that the claimant not only on other occasion stated that he was available for work generally, but also actively sought work outside the maritime field, we believe that the most plausible construction to be given the statement in question is not that it was a restriction on acceptable employment to work for the previous employer, but rather that it was a mere indication of preference for work for the last employer which is perfectly understandable . . . ."


How do I fix my EDD disqualification? ›

If you are disqualified from receiving benefits, you have the right to appeal within 30 days of the mailing date on your Notice of Determination. Visit Unemployment Insurance Appeals for more information on the process.

What disqualifies you from unemployment benefits in California? ›

Key Takeaways. Eligibility guidelines for unemployment include the length of employment, earnings, and the reason you lost your job. Workers may be disqualified from receiving unemployment if they quit a job, were terminated for cause, or didn't meet the time worked or earnings criteria.

What reasons can you quit a job and still get unemployment in California? ›

In determining eligibility for benefits, the Code provides "an individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her children, or himself or herself from domestic violence abuse." The claimant's spouse does not have to be the source of the ...

How do I know when EDD will pay me? ›

Call 1-866-333-4606 and select Menu Option 1 to get information on your most recent payment. Payment information is updated daily at 6 a.m. (Pacific time). If you submit your certification by phone, your payment will generally be deposited on to your EDD Debit CardSM within 24 hours.

Do you have to pay back EDD if disqualified? ›

You will have to pay a 30 percent penalty in addition to the overpayment amount. You may also be disqualified for future benefits for up to 23 weeks. Non-Fraud: If the overpayment was not your fault, it's considered non-fraud.

Is California forgiving EDD overpayment? ›

If we determine the potential overpayment was not your fault or was not due to fraud, you may qualify for an overpayment waiver. We will send you a Personal Financial Statement (DE 1446) with the Notice of Potential Overpayment.

What are good causes to quit your job? ›

Some good reasons for leaving a job include company downturn, acquisition, merger or restructuring as well as the desire for change — be it advancement, industry, environment, leadership or compensation. Family circumstances may also be a factor. Deciding to leave a job is a tough decision.

Can your boss deny unemployment in CA? ›

Yes, an employer can contest an unemployment claim—but proceed with caution. If a former employee files for unemployment, you'll be notified via post.

What happens if EDD finds you ineligible? ›

If we determine that you are not eligible, you will receive a Notice of Determination (DE 1080CZ) with the reasons you were denied benefits and an Appeal Form (DE 1000M). If you disagree with the decision, you have the right to appeal the decision. For more information, visit Unemployment Insurance Appeals.

Can I get EDD if I quit due to stress? ›

Can you get unemployment benefits if you quit your job due to stress? Californians must be unemployed due to someone else's fault in order to be eligible for unemployment benefits. You most likely won't be qualified for unemployment if you left your work voluntarily without a valid reason.

Can I quit my job due to stress? ›

If your job is causing you so much stress that it's starting to affect your health, then it may be time to consider quitting or perhaps even asking for fewer responsibilities. You may need to take a simple break from work if stress is impacting you from outside your job.

Can I claim unemployment if I quit? ›

You can claim benefits as soon as you know the date you're stopping work. You'll need to show you had a good reason for resigning, or you might get less money for around 3 months.

How long does EDD back pay take? ›

It takes at least three weeks to process a claim and issue payment to most eligible workers. With the large amount of claims we are processing, there may be delays. We appreciate your patience.

How fast does EDD pay? ›

Most benefit payments are issued within two weeks after we receive a properly completed claim online or by mail. By submitting your application completely and verifying that all information is correct, you help make sure your benefit payment is issued more quickly.

How long does it take to go from pending to paid EDD? ›

It takes at least three weeks to process a claim for unemployment benefits and issue payment to most eligible workers.

What happens if you lied to EDD? ›

Purposefully providing false information or not reporting information to the EDD is committing fraud. If you commit fraud, you could face a variety of serious penalties including: Prosecution by government authorities. Jail or prison sentences.

Can I reapply for EDD if I was disqualified? ›

You can reopen your claim if it was filed within the last 52 weeks and you have not used all of your benefits. If your benefit year has ended, you may need to reapply for unemployment.

Can EDD garnish your bank account? ›

In addition to wage garnishments, the EDD can also use the following means: Levy (or take) money from your bank account.

How do I negotiate an EDD overpayment? ›

You have the right to appeal an overpayment determination. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Overpayment (DE 1444). You can download the Appeal Form (DE 1000M) (PDF) or use the copy included with each Notice of Overpayment you receive.

Would I still be prosecuted if I agree to pay back overpayment? ›

Such a penalty will be offered where you have been overpaid benefit and the amount is recoverable and you caused the overpayment and there are grounds for prosecuting you for the offence. If you agree to pay the civil penalty as an alternative to prosecution you will not be prosecuted for the offence.

What not to say during EDD interview? ›

The EDD is mostly concerned with the most recent events which lead for your employment separation. In short, you should only be answering the questions asked; you should not be arguing or trying to prove something.

What not to do when quitting a job? ›

Never, Ever Do These When Quitting A Job
  1. Don't Burn Bridges. No matter how sure you are that you're never going back to where you are working now, don't do anything you'll regret. ...
  2. Don't Lose Focus: ...
  3. Don't Miss Seeing That It's Time To Move On: ...
  4. Don't Quit Without Giving Notice. ...
  5. Don't Forget That You're a Professional.

How do I quit my job immediately? ›

I am writing to give my formal notice for immediate resignation from [company name] as of the [date of departure]. I sincerely apologize for not being able to provide notice, but due to [reason for leaving], I must resign immediately. Please advise the best way to process my last paycheck and remaining balance.

Should I quit my job if I am unhappy? ›

If you find yourself in a situation in which it is emotionally, physically, or mentally draining (or worse) for you even to show up to work, let alone get excited and perform at a high level—you need to leave.

Does EDD actually contact your employer? ›

The EDD and employers work together to prevent fraudulent claims. When someone files an Unemployment Insurance claim, we ask for identifying information. We notify the last employer, former employers, and current employers when a claim is filed.

Can I sue California unemployment? ›

There are actions you can do on your own. Besides, there are no provisions in the law allowing you to sue the EDD for what you believe to be taxpayer harassment. You cannot recover fees from the EDD.

Can I refuse to go back to work and still collect unemployment in California? ›

People receiving unemployment benefits must remain available for work and actively seek employment. If suitable employment is offered to someone receiving unemployment benefits, they must accept unless there is good cause to refuse the offer.

Why would EDD deny my claim? ›

The Employment Development Department (EDD) might not approve your unemployment claim if you did not work long enough, if EDD says you did not verify your identity, or if your employer says you quit or were fired because you did something EDD thinks is “misconduct”.

How long does it take to get a decision after EDD phone interview? ›

Allow up to 10 days from the date of your telephone interview for EDD to reach a decision. If you are eligible for unemployment benefits, we will process your payments. Keep an eye on your UI Online account for payment status updates.

What happens if EDD doesn't call for interview? ›

What happens if the EDD does not call me during my appointment time? If you do not receive a call from the EDD at your scheduled appointment time, we may have canceled your appointment because we confirmed your eligibility or resolved the issue before your interview. Check UI Online for your current payment status.

How much does stress leave pay in California? ›

Typically, this type of stress leave is unpaid. However, you can be qualified for paid time off through temporary disability benefits or workers' compensation. If your employer treats you unfairly on the job, this may be disability discrimination.

What qualifies for stress leave in California? ›

To qualify for the stress leave, you must be suffering from a serious medical condition. Not all stress causes an FMLA-eligible condition. But, if your doctor agrees that you are suffering from a severe condition and that you are unable to work during this time period, you will be eligible for protected leave.

Can you get EDD if you have depression? ›

You can continue to receive disability for depression for as long as your depression prevents you from working. You may no longer be eligible for disability benefits if your mental health improves and you are able to return to work.

What are 3 signs that you are stressed about your work? ›

Managers should look out for signs of stress in teams and workers, listed below.
A change in the way someone thinks or feels can also be a sign of stress, for example:
  • mood swings.
  • being withdrawn.
  • loss of motivation, commitment and confidence.
  • increased emotional reactions – being more tearful, sensitive or aggressive.
Nov 16, 2021

How do I resign due to anxiety? ›

How to resign because of stress
  1. Talk to your manager. Before you write your resignation letter, schedule a meeting with your manager to discuss your situation. ...
  2. Commit to your decision. ...
  3. Choose your notice period. ...
  4. Express gratitude. ...
  5. Consider mentioning your reason.
Oct 11, 2022

Is anxiety a reason to quit a job? ›

People with severe anxiety are often people-pleasers, which makes it really hard to give an explanation as to why you're leaving your job. It can also stand in your way of moving on from a stressful job. As I said before, though, if your job is ruining your mental health, it could be time to move on.

What is a valid reason for immediate resignation? ›

Reasons for immediate resignation letters include unsafe working conditions, medical issues, and family emergencies. It is a professional courtesy to give your employer a two weeks notice when you leave your job.

What reasons can you quit a job and still get unemployment in Mass? ›

Examples of personal reasons
  • Your own declining health,
  • Union rules,
  • In very limited cases, a lack of transportation,
  • Leaving to care for a sick family member,
  • Domestic violence, or.
  • Leaving to take care of unexpected and urgent problems with the child care arrangements you have been using.
Mar 2, 2023

What can I claim if not working? ›

Benefits you can claim if you are not working or are on a low...
  • Statutory Sick Pay. ...
  • New-Style Jobseeker's Allowance. ...
  • New-Style Employment and Support Allowance. ...
  • Universal Credit. ...
  • Tax Credits. ...
  • Child Benefit. ...
  • Healthy Start Scheme. ...
  • Sure Start Maternity Grant.
Feb 20, 2023

Is EDD giving back pay? ›

Any pending payments for weeks of unemployment before the expiration of benefits will be processed retroactively if you are found eligible and did not receive conditional payments.

How much does EDD make you pay back? ›

For non-fraud overpayments, the EDD will offset 25 percent of your weekly benefit payments. For fraud overpayments, the EDD will offset 100 percent of your weekly benefit payments. Since the EDD cannot offset additional penalties, you must repay any penalty separately.

How much is the back pay for unemployment? ›

The computation formula for back pay is: Back pay = (daily rate x number of days) + (13th month pay/12) + unpaid wages/salaries + overtime/holiday pay + commission/bonus+ separation pay+retirement pay+Other incentives or incomes.

How much does EDD pay weekly? ›

Your weekly benefit amount (WBA) ranges from $40 to $450. To get an estimate of what you will receive, use the unemployment benefit calculator.

Does EDD pay direct deposit? ›

Direct Deposit Transfers

You can set up a one-time or recurring direct deposit transfer to the financial institution of your choice at no cost to you. Visit Bank of America Debit Card or call Bank of America debit card customer service at the phone number on the back of your card.

What is the maximum unemployment California? ›

The unemployment benefit calculator will provide you with an estimate of your weekly benefit amount, which can range from $40 to $450 per week.

How can I speed up my EDD process? ›

To speed up the determination process, we may send you the Request for Eligibility Information (DE 4365FF) instead of scheduling a phone interview. If you receive this form, respond to the questions immediately. This form will only be mailed to you if you: Are in pending status.

How do I know if my unemployment claim was approved? ›

You can check your claim status online at Unemployment Benefits Services or call Tele-Serv at 800-558-8321.

How do I know if my EDD disability claim was approved? ›

You can log in to your account to check the status of your DI claim at any time. Note: For the status of your PFL claim, you must call 1-877-238-4373.

Can you appeal EDD disqualification online? ›

If you are not eligible for DI or PFL benefits, you have the right to appeal any decision electronically or in writing within 30 days of the date your notice was issued.

Why do I keep getting disqualified on EDD? ›

Failure to Meet Continuing Eligibility Requirements

If the EDD determines that you did not meet any of the continuing eligibility requirements, then you will likely be disqualified from receiving further benefits. The most common reason for disqualifications is a failure to meet the “available” and “able” criteria.

What is EDD disqualification code 1253a? ›

(Enter Code Section 1253a - issue IRR and Reason for Decision MI5 AA.) You have indicated that the claimant was not an employee. After considering available information, the Department finds that the claimant was an employee and that you were the last employer.

What are the chances of winning EDD appeal? ›

The good news for people going through the appeal process is that the majority of people do win their cases. “The general overturn rate is over 50% in favor of the claimant,” Daniela Urban, the executive director of the Center for Workers' Rights, said.

What is good cause for EDD appeal? ›

Good cause generally means you were prevented from making the deadline by circumstances beyond your control and which could not have been reasonably anticipated. Excuses such as you forgot or you did not note the deadline on the Department's appealable document do not constitute legal good cause.

How do I appeal an EDD successfully? ›

You can download the Appeal Form (DE 1000M) (PDF) or use the copy included with the Notice of Determination that you receive. Mail your appeal to the return address shown on the decision notice. You can also write a letter to the EDD.

Does EDD contact your employer? ›

The EDD and employers work together to prevent fraudulent claims. When someone files an Unemployment Insurance claim, we ask for identifying information. We notify the last employer, former employers, and current employers when a claim is filed.

Can EDD take back money? ›

If you do not repay your overpayment on time, the money can be deducted from future unemployment, disability, or Paid Family Leave benefits. We can also: Withhold your federal and state income tax refunds. Withhold your state lottery winnings.

How do I fight an EDD audit? ›

The first step you should take is to contact a tax attorney, preferably one who has experience with EDD audits. The attorney should advise you to gather your records and other relevant documents in order. Having these documents organized will be a big help in your defense.

How long is a false statement penalty for EDD? ›

Your conviction also makes you subject to a 15-week penalty for making a false statement or withholding information to obtain or increase benefits for yourself or someone else.

How long does it take EDD to verify eligibility? ›

It takes at least three weeks to process a claim for unemployment benefits and issue payment to most eligible workers.


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