Irvine, CA asked in Employment Law for California

Q: I filed for EDD in CA 22 months after laid off, I was withdrawing from 401K during that time. Am I eligible for EDD?

I was waiting for my US Citizenship to get approved, so I was hesitating to file and become a "Public Charge" as President Trump said he doesn't want those people to become Citizen.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: To determine qualification for unemployment benefits, the EDD looks back a period of time to see if any contributions were made to the fund by you or on your behalf. Waiting 22 months to file probably placed your last contributions long before the look back period, meaning you will probably not qualify. Nonetheless, apply and truthfully state all facts in your application. It costs you nothing to apply.

Good luck to you.

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