CA Can you backdate a REG claim IF it was not due to COVID? (file, EDD)

[Challenging Question]

Does anyone know if in CALIFORNIA you can backdate a REGULAR claim if you were laid off and it was NOT due to covid?

I did something stupid ! I did not realize that in CA if you are forced to use vacation leave before a certain date, then that is your last day. Company laid off everyone...

I don't want to raise flags as I am trying to figure another possible debacle, but if I did create another debacle the backdating may be important.

Anyone????

[mick2416]

Not sure what you are saying.You where laid off and then final check had vacation pay in it?
Or did they make you use your vacation time and pay before you where laid off/seperated from company.

When you file your claim, you put in last day worked ,it will then prompt you to enter vacation pay, sick days etc you were paid when laid off.. They have a system that will sort that out. You can request a backdate after you file your claim.You will have a determination interview about backdate of your claim that could slow things down for months.

[Challenging Question]

made use vacation time before separation date. WOuld not pay it out.

[mick2416]

This may be a labor board issue about wages,vacation pay owed.The main thing is to get your claim filed,approved and paying. That could take some time by itself . Then start the proccess for backdating claim. I am sure you could make a case that you tried to contact them for weeks for guidance on when to file. Hope you have documents on being laid off and vacation pay owed.
Many companies are closing now since the Government money ended, your seperation could be covid related in a business aspect.

File the claim by Friday ,cut off is Saturday. I know in the past that the week you filed is when your claim started. They will still ask you last date worked and have options to put in with your reason for seperation.
If they are going to burn you on vacation pay ,they may hold up your claim to avoid paying EDD ?

This link is about how to request a backdate on claim, you will also be able to send a message from your EDD mailbox.

https://www.edd.ca.gov/about_edd/cor...tm#collapsePUA

[Rabrrita]

Your employer has the right under CA law to require you use paid accrued vacation days before they lay you off. So, if you had accrued vacation and your employer was downsizing, they can tell you you must use those days before they terminate you. Your separation date for the purposed of EDD is the last day you worked be it actual work, paid vacation, paid sick day, etc., so long as it's paid time.

[Challenging Question]

Thanks Rabritta!
What is interesting is I went back and look both at my UI Application which required me to enter both vacation pay and last date, as well as my "UI claim filed notice"

Both were entered correctly. My UI claim file notice listed my last day of employment as my first day of vacation pay. In other words, company laid everyone off 6/30.
My notice from "UI claim file notice" listed my last day worked for employer as 6/17. That is why I asked. Seems to me they would have listed my last day as 6/30.

so I guess separation date is different than last day worked for employer based on your comment.

[mick2416]

Did they pay you for your vacation days? I understood you to say they made you take your vacation but did you did not get" paid out "