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  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Withdraw an EDD Appeal and Open a New Claim in California

    My question involves labor and employment law for the state of: California


    Hello,

    I was recently denied unemployment, and I'm currently in the appeals process. I have not received a hearing date for my appeal yet. I would like to withdraw my appeal, and file a new and separate claim. I resigned from my full time job because they could no longer accommodate my school schedule as they had done so for several years. I found another job (part time) immediately after I resigned from my full time job and still applying for additional employment. Unfortunately, I just found out that I was only hired temporarily with my new employer, and they are going to let me go at the end of the month. I think that filing for unemployment after getting laid off is a more compelling case, and my odds of receiving EDD benefits would be greater. Is it possible to withdraw my appeal and open a new claim? Or, do I have to reopen my current claim once I withdraw my appeal? If possible, how long do I have to wait before I open a new claim once withdrawing my appeal?

    Thank you

  2. #2
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Withdraw an EDD Appeal and Open a New Claim in California

    You get one claim per benefit year. The date your benefit year ends is on your current claim somewhere. It is usually a Saturday date a year from the date you filed the inital claim. You cannot, until this benefit year ends, file a new claim.

    If you wish to "withdraw your appeal" or not follow through with it, you will just get denied. Your chances of being denied are pretty good even if you do go through the appeal. You pretty much have nothing to lose either way, whether you continue with the appeal or not. You shouldn't be making weekly certifications for benefits at this point if you are working again anyhow unless you are working only a very few hours every week and filing for partial unemployment. But even if you try to "withdraw" the appeal, you cannot cancel the original claim. It is good until the benefit year ends, denied or approved.

    Once you are denied, and do not appeal, it will tell you on the denial letter that you will have to work and get re-earnings of a certain amount, usually ten times the weekly benefit amount before you can be approved for unemployment benefits on this claim again. If you think that you will be able to make ten times the amount of your weekly benefit amount before you are laid off, (gross wages) then you'll be golden. You can keep working for the new employer until they lay you off, and let the appeal go on this claim. You don't have to withdraw it, you can't make it disappear, you just don't show up for the appeal, stop pursuing it. When this job ends, you'll reopen the claim, and you'll show proof of reearnings and a lay off, and you'll be ready to start drawing.

    But if you are let go at the end of this month, you probably may not have made enough to have re earnings, so at the time you would re open the claim, you'll still be mired in the denial of the original claim if you have not appealed and been approved to draw on the original claim, and will not be able to draw. Do the appeal, even though you are working, try to get it approved, and in the meantime, work all you can while you have the opportunity.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Withdraw an EDD Appeal and Open a New Claim in California

    Quote Quoting vagabond16
    View Post
    I would like to withdraw my appeal, and file a new and separate claim.
    You should think carefully about this. If you withdraw the appeal, you won't get a second chance.

    Quote Quoting vagabond16
    View Post
    I resigned from my full time job because they could no longer accommodate my school schedule as they had done so for several years.
    On the surface, it looks disqualifying and not worth the appeal especially the way you are telling it. However, if you were a dayshift worker going to school at night, and your employer put you on 2nd shift, and you quit, there can be good cause there. You should discuss this more before you throw in the towel.

    Quote Quoting vagabond16
    View Post
    Unfortunately, I just found out that I was only hired temporarily with my new employer, and they are going to let me go at the end of the month. I think that filing for unemployment after getting laid off is a more compelling case, and my odds of receiving EDD benefits would be greater.
    Look on your denial letter. It tells you how much you need to earn to purge the disqualification from the prior quit. The number is 5 times your weekly benefit amount. If you can't gross that amount of money before they let you go, you still won't get UI, and your plan won't work.

    Quote Quoting comment/ator
    View Post
    If you think that you will be able to make ten times the amount of your weekly benefit amount before you are laid off,
    This is wrong. It's 5 X WBA. So poster, do some math to make sure this is going to work out for you because you will NOT a second chance, and if you won't make the required amount from this new part-time job, it could be a while before you get another to earn the remainder. If you're a little short, maybe you can beg your current employer to keep you just one more week.

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