Fired same day as starting medical leave - Should I apply for EDD SDI or unemployment?
I'm in a really confusing situation and desperately need advice! Last Tuesday, I went to work and told my manager I needed to start medical leave (I have a serious back condition that requires surgery). He told me to go to HR with my paperwork. When I went to HR with my doctor's note, they handed me termination papers saying my position was being eliminated due to 'restructuring' - literally the same day I submitted my medical leave request! My doctor has certified me for 6 months of medical leave on the DE 2501 form. I'm completely lost about what benefits to apply for. Should I file for disability since I have medical certification and genuinely can't work? Or unemployment since I was technically fired? Would the unemployment department even approve me when I can't physically work? Has anyone dealt with anything similar? I'm panicking about how to pay my mortgage while recovering.
37 comments


Sophie Footman
You should absolutely file for SDI (State Disability Insurance). The fact that you were fired the same day you presented medical documentation is suspicious timing and sounds potentially illegal (could be considered retaliation), but that's a separate issue from your benefits. Since you have medical certification stating you cannot work for medical reasons, SDI is the appropriate benefit. Unemployment requires you to be able and available for work, which your doctor's certification clearly states you are not. File your SDI claim right away using your doctor's documentation - you can do this online through the EDD website.
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Daniel Rivera
•Thank you for the clarification. I was so confused because HR told me I should file for unemployment when they let me go. If I file for SDI, will the fact that I was technically terminated affect my claim at all? Or does the medical certification override that?
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Connor Rupert
omg this happened to my cousin last yr! they tried to fire her the day b4 surgery!! she got disability AND sued them for wrongful termination. u should talk to a lawyer asap bc that sounds super illegal
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Daniel Rivera
•I hadn't even thought about the legal angle. Did your cousin win her case? I'm mostly focused on just getting some income right now while I recover, but maybe I should look into that too.
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Molly Hansen
This is a classic case where you should apply for SDI, not unemployment. Here's why: 1. You have a doctor's certification stating you cannot work (DE 2501) 2. Your medical condition preceded the termination (important timeline) 3. Unemployment requires you to certify weekly that you're able and available for work, which would be fraud if you're medically unable to work I would apply for SDI immediately. Don't wait. The 7-day waiting period starts from when you became disabled, not from when you apply. Your benefits could be retroactive to your first day of disability minus the waiting period. Regarding the termination - that's potentially a separate legal issue that others have mentioned. But for benefits purposes, focus on SDI first.
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Brady Clean
•what if the employer contests it tho? my brother had something similar and his job told EDD he was fired for misconduct so they denied him
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Skylar Neal
I had THE EXACT SAME THING happen to me in 2025!! I went to submit FMLA paperwork for my heart condition and suddenly I was part of a "reduction in workforce" that same afternoon!!! I applied for disability and they approved it no problem because my doctor certified I couldn't work. When I recovered, I then applied for unemployment afterward. BUT - the bigger issue - I talked to an employment lawyer who took my case on contingency. We ended up settling with my former employer for $43,000 because it's ILLEGAL to fire someone for taking medical leave. They claimed it was just "coincidence" but no one believed that garbage!!!
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Daniel Rivera
•Wow, that's almost identical to my situation! Did your employer fight your disability claim at all? And would you mind sharing what type of lawyer you used? I'm not even sure what kind of lawyer handles these cases.
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Vincent Bimbach
I had to deal with EDD for my disability claim last month and it was IMPOSSIBLE to get through on the phone. After trying for literally two weeks straight and getting hung up on constantly, I found a service called Claimyr that got me connected to an actual EDD agent in about 20 minutes. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Totally worth it for me because I needed to explain my complicated medical/work situation to a real person. The agent I spoke with confirmed that in situations like yours, SDI is the correct benefit to apply for when you have medical certification.
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Kelsey Chin
•does this actually work? ive been trying to get thru to edd for my claim for days
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Sophie Footman
To answer your follow-up question: No, being terminated does NOT affect your eligibility for SDI benefits. SDI is based on your medical inability to work as certified by your healthcare provider, not your employment status. The key qualifying factors for SDI are: 1. You have a medical condition preventing you from performing your regular work 2. You have certification from a healthcare provider 3. You have paid into SDI through payroll deductions Your employer cannot contest an SDI claim based on termination because it's not relevant to the medical determination. They could theoretically contest whether your condition is work-related (which would make it a workers' comp issue instead), but they can't deny your medical condition exists.
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Daniel Rivera
•That's a huge relief! I was worried they might try to block my claim somehow. I'll submit my SDI application today then. Thank you so much!
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Norah Quay
This smells like retaliation. Apply for disability now, but document EVERYTHING. Save emails, write down exactly what happened and when, get names of everyone involved. FMLA and CFRA protect you from exactly this kind of garbage. I dont know if these big companies think were all stupid or what!!!! good luck
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Molly Hansen
•This is excellent advice. Documentation is critical if you decide to pursue the potential legal issues later. Make sure to note the exact timeline of when you requested leave and when the termination occurred.
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Brady Clean
wait can you file for disability if ur fired?? i thought u had to be employd to get disability?
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Molly Hansen
•Yes, you can file for disability even if you've been fired or laid off. SDI eligibility is based on your medical condition and prior contributions to the SDI fund, not your current employment status. As long as you were employed and paying into SDI before becoming disabled, and you have medical certification, you can qualify for benefits.
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Kelsey Chin
Hey totally random but make sure you file your disability claim ASAP!! There's a strict 49-day deadline from when your disability began. If you miss that, you could lose benefits!
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Daniel Rivera
•Thanks for this! It's been 6 days since my doctor signed the paperwork so I still have time, but I'll be submitting everything today. I don't want to risk losing any benefits.
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Skylar Neal
One more thing - when you're eventually recovered enough to work (hopefully sooner than 6 months!), THAT'S when you can apply for unemployment if you haven't found a new job yet. You'll need your doctor to certify you're able to work again. It's a transition from SDI to UI that many people don't know about. Just make sure when you certify for UI you're genuinely able to work.
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Daniel Rivera
•This is really helpful info! My surgery is scheduled for next month, and recovery time is estimated at 4-5 months, so I'll keep this in mind for when I'm cleared to work again. Thank you!
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Zoe Papanikolaou
I'm so sorry you're dealing with this situation - the timing of your termination is extremely suspicious and you're right to feel overwhelmed. Based on everything you've shared, you should definitely apply for SDI immediately. You have valid medical certification from your doctor stating you cannot work, which is the key requirement for disability benefits. A few important points: - Don't let HR's suggestion to file for unemployment confuse you - they may not understand the benefits system or could be trying to shift costs away from potential legal liability - Your termination doesn't disqualify you from SDI since the benefits are based on your medical condition, not employment status - The fact that your medical condition and doctor's certification preceded the termination actually strengthens your position File your SDI claim online at EDD's website using your DE 2501 form. Don't wait - there's a 49-day deadline from when your disability began. You can also explore the potential legal issues separately, but getting your benefits secured should be your immediate priority. Wishing you a smooth recovery and resolution to this mess!
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Sienna Gomez
•Thank you so much for laying this out so clearly! You're absolutely right that I shouldn't let HR's advice confuse me - looking back, it does seem like they might have been trying to steer me away from something. I'm going to file my SDI claim right now online. It's reassuring to know that the timing actually works in my favor legally. I really appreciate everyone's help in this thread - I was so panicked yesterday but now I have a clear plan forward.
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KylieRose
I'm really glad to see you got such great advice here! Just wanted to add one more thing that might help - when you file your SDI claim online, make sure you have all your medical documentation ready to upload, including the DE 2501 form and any other records from your doctor about your back condition. The more complete your initial submission, the faster your claim will likely be processed. Also, keep detailed records of all your medical appointments and treatments during your recovery - EDD may request additional documentation later. You're doing the right thing by focusing on SDI first, and the legal consultation advice others mentioned is definitely worth considering once you get your benefits sorted out. Hope your surgery goes well and you recover quickly!
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Paolo Marino
•This is such helpful additional advice! I hadn't thought about gathering all my medical records beyond just the DE 2501 form. I have MRI results and specialist reports from when they first diagnosed my condition, so I'll make sure to include those with my application. It's good to know that being thorough upfront can speed up the process - the last thing I want is delays when I'm already stressed about finances. Thanks for thinking of that detail!
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Sophia Long
I work in HR (though not at your company!) and what happened to you is a textbook example of potential FMLA/CFRA retaliation. The timing is way too suspicious to be coincidental. While everyone's correctly advising you to file for SDI immediately - which you absolutely should do - I'd also strongly recommend consulting with an employment attorney who specializes in disability discrimination and retaliation cases. Many work on contingency, so you won't pay unless you win. Document everything: the exact date/time you submitted your medical leave request, who you spoke with, any witnesses, and keep all your paperwork. Your situation sounds very similar to cases I've seen result in significant settlements. Don't let them intimidate you - you have rights, and this kind of behavior from employers is exactly why these laws exist.
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Aaron Lee
•Thank you for weighing in from the HR perspective - that really validates what I was feeling about the timing being too suspicious! It's reassuring to hear from someone who works in the field that this isn't normal business practice. I'm definitely going to look into employment attorneys who work on contingency like you mentioned. Do you have any advice on what specific type of employment law I should look for when searching for attorneys? And should I wait until after I file my SDI claim, or can I pursue both things simultaneously? I've been documenting everything since it happened, including taking photos of all the paperwork and writing down exact quotes from the conversations. Thanks for confirming that my instincts about this situation were right!
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Sophia Miller
•You can absolutely pursue both the SDI claim and legal consultation simultaneously - they're separate issues that don't interfere with each other. For attorneys, look specifically for "employment law," "workplace discrimination," or "FMLA/disability rights" specialists. Many employment attorneys handle retaliation cases involving medical leave. You're smart to document everything! Some additional things to preserve: any company policies about medical leave (employee handbook, etc.), your performance reviews showing you weren't a problem employee, and emails/texts about the "restructuring" they claim happened. The fact that you're the only one affected by this "restructuring" on the exact day you requested leave will be very telling to an attorney.
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Yara Khoury
I'm so sorry you're going through this - what a nightmare situation! Everyone here has given you excellent advice about filing for SDI immediately, which is absolutely the right move. I just wanted to add that when you do file online, make sure to clearly explain the timeline in your application - that your medical condition existed before the termination and that you were requesting protected medical leave when they fired you. This creates a clear record that your disability claim is legitimate and unrelated to any employment issues. Also, regarding the potential legal case others mentioned - I'd recommend reaching out to attorneys sooner rather than later because there are often strict deadlines for filing discrimination/retaliation claims (usually 180-300 days depending on whether you go through DFEH or federal EEOC). Many employment attorneys offer free consultations and can quickly tell you if you have a strong case. You're handling this really well despite the stress. Focus on your health and recovery first, get those benefits secured, and don't let your former employer's shady tactics intimidate you. You've got this!
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Joshua Wood
•This is such comprehensive advice, thank you! I hadn't realized there were strict deadlines for filing discrimination claims - that definitely makes me want to reach out to attorneys this week rather than waiting. I'm going to make sure to clearly document the timeline in my SDI application like you suggested. It helps so much to have people who understand the system walking me through this step by step. I was feeling completely lost yesterday but now I have a clear action plan: file SDI today, contact employment attorneys this week, and keep documenting everything. Thank you for the encouragement - I really needed to hear that I'm handling this well because it certainly doesn't feel that way!
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FireflyDreams
I'm a disability advocate and I see cases like yours frequently - what happened to you is unfortunately common but also very actionable legally. The key thing everyone's correctly telling you is to file for SDI immediately, but I want to emphasize a few critical points: 1. Make sure when you file online that you list your disability start date as when your doctor first certified you unable to work, NOT the day you were terminated. This protects the integrity of your medical claim. 2. Your employer telling you to file for unemployment instead of discussing FMLA/CFRA leave options is a red flag - they should have processed your leave request, not handed you termination papers. 3. Keep all communication with your former employer through email/text only from now on - no phone calls where they can later deny what was said. The fact that you have medical certification dated before your termination is your strongest asset both for SDI approval and for any potential legal case. File that SDI claim today - you're absolutely eligible and your termination cannot affect that eligibility. Then definitely consult with employment attorneys as others have suggested. You're going to get through this!
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Ryder Ross
•Thank you so much for your expertise as a disability advocate - this is exactly the kind of professional insight I needed! Your point about listing the disability start date as when my doctor certified me (not the termination date) is crucial - I wouldn't have thought of that distinction but it makes perfect sense for protecting the medical nature of my claim. I also appreciate the advice about keeping all future communication in writing. My former employer has already tried calling me twice since the termination, and now I understand why I should let those go to voicemail and respond via email instead. It's reassuring to hear from someone who sees these cases regularly that mine is actionable - I was starting to second-guess whether the timing was really as suspicious as it seemed. I'm filing my SDI claim today with all the details you and others have provided. Thank you for giving me confidence that I'm going to get through this!
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Omar Farouk
I just went through something very similar last year and want to share what I learned! The timing of your termination is absolutely suspicious - no legitimate "restructuring" happens the exact same day someone requests medical leave. That's textbook retaliation. Here's what you should do immediately: 1. File for SDI today - you're 100% eligible since you have medical certification that you cannot work 2. Do NOT file for unemployment like HR suggested - that would require you to certify you're able and available for work, which contradicts your medical documentation 3. Save everything - your doctor's note, the termination paperwork, any emails or texts about the "restructuring" I made the mistake of waiting a few weeks to file my SDI claim while I figured things out, but you should file immediately. The benefits can be retroactive, but there's that 49-day deadline others mentioned. Also, seriously consider talking to an employment attorney. I ended up getting a settlement because what your employer did is illegal under FMLA/CFRA. Many attorneys will give you a free consultation to evaluate your case. Don't let them intimidate you - you did nothing wrong by needing medical leave, and their response was completely inappropriate. Focus on getting your benefits secured first, then pursue the legal angle. You've got this!
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Ravi Gupta
•This is incredibly helpful - thank you for sharing your experience! It's both reassuring and infuriating to hear that this kind of thing happens to others. I'm definitely filing my SDI claim today after reading all these responses. Your point about not filing for unemployment makes total sense - I can see how that would create a contradiction with my medical documentation. I'm curious about your settlement process - how long did it take from when you first contacted an attorney to reaching a resolution? I'm trying to set realistic expectations for myself about the timeline. Also, did your employer try to contest your SDI claim at all during the legal proceedings? I want to be prepared for any potential complications. Thanks again for taking the time to share your story - it really helps to know I'm not alone in dealing with this kind of situation!
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Omar Fawaz
I'm a former EDD claims examiner and want to emphasize something crucial that others have touched on - your SDI claim should be rock solid because your medical certification predates your termination. This timeline is actually your strongest protection against any employer interference. When I was processing claims, cases like yours where someone was fired immediately after requesting medical leave were some of the most straightforward SDI approvals we'd see, precisely because the medical need was clearly established before any employment action occurred. Your employer literally cannot dispute your medical condition since your doctor certified it independently. A few technical tips for your application: - Upload clear, legible copies of ALL your medical documentation - In the "reason for disability" section, focus only on your medical condition, not the workplace drama - If there's a section asking about work-related injury, make sure to indicate this is NOT workers comp (since it's a pre-existing condition requiring surgery) The fact that HR told you to file for unemployment instead of processing your FMLA request is honestly shocking to me professionally. That alone suggests they know they messed up badly. File that SDI claim today and don't look back - you've earned these benefits through your payroll contributions and you absolutely deserve them during your recovery.
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Zara Khan
As someone who's been navigating disability benefits for my own chronic condition, I can't emphasize enough how important it is that you act quickly on filing for SDI. The advice you've gotten here is spot-on - your situation is exactly what SDI was designed for. What strikes me about your case is how perfectly documented everything is in your favor. Your doctor certified your inability to work BEFORE any employment action occurred, which creates an ironclad timeline. When I had to file my own SDI claim, the examiner specifically asked about the sequence of events to make sure my medical condition wasn't somehow related to losing my job - in your case, it's crystal clear that your medical need came first. One thing I'd add to all the excellent advice you've received: when you're filling out the online application, be very detailed about your medical condition and how it prevents you from performing your job duties. Don't just write "back condition" - explain specifically how the pain/mobility issues make it impossible for you to do your work tasks. The more specific you are about the functional limitations, the clearer it is to the examiner why you qualify for benefits. Also, definitely keep copies of everything you submit. I learned this the hard way when EDD lost some of my paperwork and I had to resubmit. You're going to get through this, and honestly, the legal case others have mentioned sounds very promising given the blatant timing of your termination. Focus on your health and recovery - that's what matters most right now.
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Miguel Diaz
•Thank you so much for this detailed advice from someone who's actually been through the SDI process! Your point about being very specific regarding functional limitations is really helpful - I wouldn't have thought to go into that level of detail about how my back condition prevents me from doing my actual job tasks. I'll make sure to explain how the pain and mobility issues make it impossible for me to lift, bend, and stand for extended periods that my job requires. It's also good to know about keeping copies of everything - I definitely don't want to deal with lost paperwork on top of everything else. I really appreciate you taking the time to share your experience and encouragement. Reading everyone's responses has completely shifted my mindset from panic to having a clear action plan. I'm about to submit my SDI application right now with all the great advice from this thread. Thank you again!
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Victoria Charity
I'm so sorry you're dealing with this stressful situation! Everyone here has given you excellent advice about filing for SDI immediately, which is absolutely the right move. I wanted to add one practical tip that helped me when I filed my own SDI claim - when you're filling out the online application, there's usually a section where you can provide additional context or explanations. Use that space to briefly mention the timeline of events (that you submitted your medical leave request the same day you were terminated) just to create a clear record, but keep the focus on your medical condition and inability to work. Also, I'd recommend setting up online access to your EDD account right away if you haven't already. This will let you track the status of your claim and respond quickly if they need any additional documentation. The online portal is much more reliable than trying to get through by phone. Your situation sounds incredibly frustrating, but you're handling it exactly right by prioritizing your health and getting the benefits you've earned. The legal aspects others have mentioned definitely sound worth pursuing, but getting your SDI secured first is the smart approach. Wishing you a smooth recovery and hoping your surgery goes well!
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