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Manny Lark

Are you eligible for unemployment if fired in California? My EDD claim situation explained

So I got let go from my job about two weeks ago and I'm honestly still in shock. I was a warehouse supervisor for about 4 years at a logistics company and they called me into HR one afternoon and told me my position was being eliminated. Except here's where it gets complicated - on my separation paperwork they checked 'discharged/fired' instead of 'laid off' and my coworker who got let go the same day has different paperwork that says 'lack of work.' I filed for California EDD benefits right away because I knew I needed to act fast but now I'm terrified my claim is going to get denied just because of how they classified my termination. I've been doing research and I keep seeing conflicting information about whether you can even collect unemployment if you were technically fired. My bills aren't going to wait around while I figure this out. Has anyone dealt with this? Am I even eligible for unemployment benefits if my paperwork says fired? What exactly does California EDD look at when they decide if you qualify after a termination?

Short answer: being fired does NOT automatically disqualify you from California EDD unemployment benefits. A lot of people don't realize this. The key distinction EDD makes is between being fired for misconduct versus being let go for other reasons. If you were fired for something like violating a major company policy on purpose, being dishonest, or doing something that showed a real disregard for your employer's interests, that's what EDD calls misconduct and THAT can disqualify you. But if you were fired because of performance issues, a personality conflict with a manager, or a business decision to eliminate your role, those situations generally don't rise to the level of misconduct under California unemployment law. Your situation actually sounds pretty promising - if your position was genuinely being eliminated but they just used the wrong checkbox on the paperwork, that's something you can address in your claim.

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This is really reassuring to hear. So the word 'fired' on the paperwork doesn't automatically doom my claim? I've been so stressed about this.

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Yeah this is accurate. I was fired from a retail job a couple years back and still got approved. EDD does their own investigation and contacts your former employer too.

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wait so even if it says fired on the paperwork edd still approves people?? I had no idea. I thought fired meant automatic denial every time

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The way California EDD handles terminations is actually more nuanced than most people expect. When you file, EDD will send a questionnaire to both you and your former employer asking for the specific reason for separation. This is where the details really matter. Your employer has to explain in writing exactly why you were let go - if their explanation doesn't match the legal definition of 'misconduct' under California Unemployment Insurance Code, you should be eligible regardless of how the separation was coded. Document everything you remember about your termination conversation right now before the details fade. If they said anything like 'restructuring' or 'position elimination' or 'budget cuts,' write that down. That language directly supports your eligibility.

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I actually have an email from my direct manager from about a week before I was let go that mentioned the company was restructuring the operations department. Would that be useful to keep as evidence?

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Absolutely save that email. That could be very helpful if your claim goes to adjudication or if you need to appeal any denial.

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same thing happened to me - my employer tried to say i quit but i had texts proving otherwise. edd sided with me after i submitted them

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I went through almost exactly this situation six months ago. My employer marked my separation as 'terminated for cause' which sounds really bad but my actual performance reviews had always been decent and the real reason was a new VP who came in and cleaned house. My claim got flagged immediately and went into adjudication. I was losing my mind trying to reach someone at EDD to explain my situation because the online portal just said 'pending - employer response needed' for weeks. A friend told me about a service called Claimyr (claimyr.com) that helps you actually get through to a live EDD representative on the phone without spending all day redialing. There's a video showing how it works at https://youtu.be/JmuwXR7HA10 - I was skeptical at first but I was so desperate to talk to someone that I tried it and actually got through. The agent I spoke with was able to tell me exactly what my employer had submitted and what additional information I needed to provide. My claim was approved about a week after that call.

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Okay I am definitely going to look into Claimyr because I have been calling EDD every single day and cannot get through. Either the line is busy, I get a message saying they can't take my call, or I wait on hold for an hour and get disconnected.

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I've heard of Claimyr! Someone in another forum mentioned it. Might be worth trying if you really can't get through any other way

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does claimyr actually work or is it one of those sketchy things? genuinely asking

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It worked for me - you can watch how it works at the YouTube link I posted before deciding. Getting to actually speak with an EDD agent completely changed my situation because I could ask specific questions about my claim instead of just guessing.

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Something important that nobody's mentioned yet - California uses what's called the 'substantial cause' standard for misconduct. It's actually a pretty high bar for employers to clear. Things like being late occasionally, having disagreements with supervisors, or just not being the right fit for a role generally do NOT meet that standard. EDD specifically looks at whether the claimant intentionally violated a known policy or acted in a way that was willfully harmful to the employer's interests. One honest mistake or a pattern of minor performance issues typically won't qualify as misconduct. I've seen claims approved even when the employer specifically fought them because the employer's stated reason didn't meet the legal threshold.

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This is interesting - so the employer doesn't get to just decide if it counts as misconduct? EDD makes that call independently?

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Exactly right. EDD has its own definition of misconduct under California UI Code Section 1256 and that definition is what controls, not what the employer writes on the paperwork. Employers sometimes don't even understand this themselves.

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omg i wish i knew this three years ago. i didn't even appeal when i got denied and i probably should have

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Just want to add that you HAVE to keep filing your weekly certifications while your claim is being evaluated. This is the part people mess up a lot. Even if EDD hasn't approved or denied you yet, even if your claim is sitting in adjudication, keep certifying every week. If you get approved later they go back and pay you for all the weeks you certified. If you stopped certifying there's no way to recover those weeks and you just lose that money permanently.

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Thank you for this!! I wasn't sure if I should keep certifying since nothing is showing as approved yet. Going to do my weekly cert right now actually.

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Yes this is SO important. I stopped certifying for like 3 weeks because I thought I had to wait and lost over a thousand dollars that I could have collected. Don't make my mistake.

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weekly certs are stressful when you don't know if you're even going to get anything but yes always keep doing them

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I work in HR (not going to say where) and I can tell you that employers don't always code terminations accurately on the separation notice. Sometimes it's genuinely a mistake and sometimes they use a more aggressive code hoping the person won't appeal. What the checkbox says matters much less than what the employer actually tells EDD when they respond to the separation questionnaire. If your employer said you were being eliminated due to restructuring but then tells EDD it was for cause, that inconsistency could actually work in your favor if you have any documentation of the original reason.

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This is a really helpful perspective. So I should be keeping track of anything my employer said or wrote about the reason for my termination?

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Yes - emails, texts, letters, anything in writing. Even notes you write right now about what was said verbally in that HR meeting while it's fresh. Dates, who was present, exact words used. All of it could matter.

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worked in staffing for years and can confirm - the separation code on your initial paperwork is honestly just the beginning of the process, not the final word

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I was let go about eight months ago and honestly was so embarrassed to even file because I thought getting fired meant I didn't deserve benefits. Took me two weeks to even start the application. Please don't wait if you haven't filed already - the date you file matters and you can potentially lose benefits for each week you delayed. The process isn't as judgmental as I expected. EDD really does look at the actual facts of the situation.

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I did file right away so I should be okay on that. And I totally understand the shame piece - I felt that way too but I'm trying to focus on just getting through this practically.

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Same honestly. I waited almost a month and they only backdated part of it. File immediately people!!

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the stigma around unemployment is so real but these are literally benefits you paid into through your taxes

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My claim was denied after I was fired and I'm still kind of bitter about it honestly. They said it was misconduct because I violated the attendance policy. But what they didn't say is that I had a documented medical condition and my absences were all related to that. I didn't know at the time that I could have appealed and potentially won because of the medical documentation. If anyone is reading this who just got denied - PLEASE look into the appeal process. You have 30 days from the denial notice and the appeals process actually gives you a real hearing where you can present your side.

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This is an important point. Medical-related absences create a much more complicated misconduct analysis. If you're still within the 30-day window or can show good cause for a late appeal, it might still be worth pursuing.

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It's been way past 30 days for me unfortunately. I just want others to learn from what I didn't know.

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Really appreciate you sharing this. The appeal process is genuinely underutilized - a lot of denials get overturned on appeal especially when new documentation is introduced

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quick question sorry if this is off topic - does it matter how long you worked somewhere? like if you only worked at a place for a few months can you still get unemployment if fired?

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Good question - California EDD eligibility is based on your earnings over your base period, which is typically the first four of the last five completed calendar quarters. So it's more about how much you earned across all your jobs in that period rather than how long you were at any single employer. You could have worked multiple short-term jobs and still qualify if your total earnings were high enough.

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oh wow okay that's different than what i thought. so it adds up from multiple jobs?

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Yes exactly. EDD looks at your total wages during the base period from all covered employers, not just your most recent job. The minimum is generally around $1,300 in your highest-earning quarter or $900 in your highest quarter plus total base period wages of 1.25 times that amount.

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THE EDD PHONE SYSTEM IS A NIGHTMARE AND I CANNOT STRESS THIS ENOUGH. I spent three weeks trying to get through after my claim went into adjudication following my termination. I tried calling at 8am when they open, I tried calling right after lunch, I tried calling on Fridays thinking it might be slower - nothing worked. I was either getting 'we cannot take your call at this time' or sitting on hold for 90+ minutes before getting disconnected. The online portal told me nothing useful. If you need to actually talk to someone about a fired/misconduct situation you really need a way to break through that phone barrier.

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This is exactly what's happening to me. I've tried every tip I've read about and nothing works. I know my claim needs some kind of explanation because the situation is complicated but I can't reach anyone.

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That's actually when I found out about Claimyr - someone on a forum like this mentioned it. I was doubtful but the YouTube demo at https://youtu.be/JmuwXR7HA10 made it seem legitimate and I was out of options. I finally got through and was able to explain my termination circumstances directly to an agent who could actually do something. Claimyr.com is the site if you want to check it out.

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I hate that it's so hard to contact them. The stakes are so high for people in adjudication and there's just no reasonable way to get through

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For anyone reading this in the future trying to understand the fired vs. laid off distinction - here's the practical breakdown. Laid off typically means lack of work, business downturn, position elimination, or reduction in force. These are almost always approved. Fired covers everything else and EDD then has to determine if the reason meets the misconduct standard. The misconduct bar involves intentional or willful behavior that was a substantial breach of the employment relationship. Fired for being difficult to work with? Probably not misconduct. Fired for stealing from the register? That's misconduct. Most firings fall somewhere in between and many still get approved.

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what about fired for failing a drug test? asking for a friend lol

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Drug tests are actually a grayer area than people assume. If it was a random test and drug use didn't affect your work performance, some of those have been successfully appealed. If it was related to a workplace incident, harder to argue. Really depends on specifics.

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fired for calling in too much without medical documentation is probably misconduct though right? my cousin got denied for that

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Excessive unexcused absences can constitute misconduct especially if there were written warnings. But 'too much' is subjective and if your cousin had any legitimate reasons documented it might have been worth appealing.

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OP how is your claim going? any updates? I filed after being fired last month and mine has been stuck in adjudication for almost 3 weeks now with zero communication from EDD

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Still waiting myself. The portal just says pending and I can't get anyone on the phone. Every day feels like a week right now. Have you tried calling every morning?

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yes literally every single day. either busy signal or transferred to a voicemail nobody responds to. this is so stressful

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This waiting period is brutal. This is exactly why I'd recommend trying Claimyr - claimyr.com - when you're in adjudication and need actual answers. Knowing specifically what's holding up your claim versus just staring at 'pending' is such a different experience, and speaking directly with an agent made a real difference for me.

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genuine question - should you be honest on the unemployment application about why you were fired even if you think it might hurt your claim? like what if the reason sounds bad but wasn't actually misconduct?

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Always be honest. EDD cross-references your answers with what your employer submits. If your answers contradict each other, that inconsistency itself becomes a problem. The better strategy is to be truthful but provide complete context. 'I was fired for violating the attendance policy' plus 'I had an undocumented illness during that period and was unaware of the company's medical leave accommodation process' is very different from just 'I was fired for attendance.

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Completely agree - honesty plus context. EDD interviewers are trained to draw out the full story. You're better served by getting ahead of the narrative with your full explanation than having a misleading answer come back to bite you.

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that makes sense. complete honesty but make sure your full context is included not just the bare facts

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I just want to say reading through this thread helped me so much. I've been sitting here for two days thinking I had zero chance of getting any benefits because my boss wrote 'terminated for insubordination' on my paperwork. But based on what happened - I pushed back verbally on a policy that I thought was unsafe and my boss didn't like being questioned - that doesn't sound like it would meet the misconduct standard you all are describing?

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Insubordination is one of those terms employers use a lot that doesn't always constitute misconduct under EDD standards. If it was a single incident of verbal disagreement, especially one where you had reasonable grounds for concern (like a safety issue), that's a much weaker misconduct case than the word 'insubordination' implies. File your claim and explain your side fully.

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Filed this morning. Fingers crossed. Thank you all.

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Good luck! Make sure you document everything about that safety concern you raised - dates, what the policy was, who was present when you raised it. That context could be really important.

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does anyone know if your employer can actually fight your unemployment claim like actively try to get you denied? mine was pretty nasty when i left and im worried they're going to cause problems

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Yes, employers can and do contest claims - they have a financial incentive to do so because unemployment claims affect their tax rates. But an employer contesting your claim doesn't mean you'll be denied. It means EDD will investigate more carefully. As long as your account of events is accurate and consistent, employer pushback often doesn't change the outcome.

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My former employer contested mine aggressively and I still got approved. Just be thorough and truthful in everything you submit.

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okay that's somewhat reassuring. i was imagining them just being able to block it with one phone call or something

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I'm an employment attorney and I occasionally comment on these forums because I see so much misinformation floating around. Most of what's been said in this thread is actually pretty accurate. One thing I'd add: if your claim involves termination for cause and your employer is contesting it, the appeals hearing (if it gets that far) is actually a formal administrative proceeding with real evidentiary rules. You can bring documentation, have witnesses testify, and cross-examine your employer's witnesses. Many people don't realize this and just show up empty-handed. If your claim is denied and the dollar amount is substantial, consulting with an employment attorney before your appeal hearing might be worth it - many will do an initial consultation for free.

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This is really helpful context, thank you. I hope it doesn't get to a hearing but good to know that's a real option if it does.

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I really wish I had known this before my hearing. I showed up with nothing and didn't really understand how to argue my side. Lost my appeal partly because I wasn't prepared for how formal it was.

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This is underrated advice. The appeals hearing is its own skill and the ALJs (Administrative Law Judges) who run them are pretty strict about process. Preparation really does matter.

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Thank you for this. Does EDD provide any guidance on what to bring to an appeals hearing or are claimants basically on their own to figure it out?

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EDD does send some basic information with the hearing notice but it's pretty minimal. The Office of Appeals has some resources online. But honestly the process advantages people who have legal experience or who have done thorough research beforehand.

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UPDATE for anyone following: I posted earlier about being fired for 'insubordination' and I got my determination letter today - APPROVED. EDD determined the incident did not meet the definition of misconduct. I'm honestly shocked and so relieved. For anyone going through this right now - file immediately, be honest, provide all your context, and don't give up.

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This gives me so much hope!! Congratulations, that must be such a relief.

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That's amazing! I'm the one who posted about insubordination earlier. This is exactly what I needed to see today.

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congrats!! posts like this keep me going while i'm still waiting

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For OP and anyone else with a pending termination claim - the adjudication process has a specific flow. After you file, EDD sends a separation questionnaire to your employer (DE 1101FF). Your employer has 10 days to respond. EDD then reviews both sides and either approves, denies, or schedules a phone interview to get more information. The phone interview is actually a good sign in contested cases - it means EDD wants to hear directly from you before making a final call. If you get a notice for a phone interview, DO NOT miss it. Reschedule if you absolutely must but missing it without contact will almost certainly result in a denial.

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I didn't know there was a specific form they send to employers. Is there any way to see what my employer responded or what the status of that form is?

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Unfortunately you can't see the employer's specific response through the online portal. That's one of the things you can find out if you actually get through to an EDD agent by phone - they can tell you if the employer has responded and what stage the review is at. Which circles back to the phone access problem that's so frustrating about this whole process.

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The DE 1101FF is also the form that matters most in terms of what your employer says on record. Whatever they write there has to be consistent with how they described your termination to you. Inconsistencies between their written explanation and their stated reason are something EDD does look for.

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Three weeks into adjudication for my termination claim and I FINALLY got through to EDD today. For anyone struggling to reach them - I used Claimyr (claimyr.com) after a friend recommended it and it actually worked. I'd been trying on my own for weeks. Once I got an agent on the phone I found out my employer had submitted their response but there was an inconsistency with what they said versus what's in my employment file, and the agent told me exactly what additional documentation to submit through the portal to address it. Actually speaking to a human being who could see my specific claim was completely different from just checking the portal and guessing. If you're in adjudication over a termination and need answers, that call makes a real difference.

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Going to try Claimyr today honestly. I cannot take another week of staring at 'pending' with no information.

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Really glad to hear it worked for you. I'm going to try it too because I've been stuck the same way.

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did you have to wait long once you used Claimyr or did it connect you pretty fast?

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It was much faster than the regular hold line. The YouTube demo at https://youtu.be/JmuwXR7HA10 explains how it works pretty clearly if you want to see before trying.

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