Can I apply for California EDD unemployment if I get fired?

Wait so the attendance thing might not disqualify me? They had given me a written warning about it 4 months ago but I thought I had improved. Does that written warning hurt my case?

The written warning actually matters in both directions - it shows they had a policy and notified you, but your improvement after the warning could work in your favor. When you file, just be honest and explain the situation. California EDD will contact your former employer for their side too. You don't need to build a legal case on your initial application, just accurately describe what happened.

This is right. I got fired from a restaurant job a couple years back and was convinced I'd get denied but I applied anyway and got approved after a short adjudication period. Definitely apply and let California EDD make the determination rather than deciding for yourself that you won't qualify.

How long does the adjudication process usually take? I'm worried about paying rent next month.

Honestly it varies a lot. Sometimes it wraps up in 2-3 weeks, sometimes it drags to 6-8 weeks. The frustrating part is California EDD doesn't always communicate status updates proactively. Keep filing your weekly certifications the whole time even while adjudication is pending - if you get approved, you'll receive back payments for all the weeks you certified.

The adjudication wait is NO JOKE. Mine took 7 weeks and I had zero income the whole time. Keep filing those weekly claims no matter what though, that part is crucial.

Oh interesting, I didn't know you could call California EDD for guidance before filing. I've been trying to get through on the phone for two days with no luck.

Yeah the hold times are brutal. That's exactly why I used Claimyr - I'd been trying the regular line for days getting busy signals or disconnects. The service just handles the waiting and connects you when an agent picks up.

I'm always skeptical of third party stuff but I've heard a few people mention Claimyr on here. If the alternative is never getting through to California EDD at all I can see the appeal.

Confirmed Claimyr works, used it myself when my claim got stuck. Way better than redialing for 3 hours straight.

Yeah mine sounds like it falls in that gray area. I'm going to go ahead and apply.

good. worst they can say is no and then you appeal

That's really helpful to know. Should I be keeping records of communications with my old employer?

Absolutely. Save any emails, texts, performance reviews, the termination letter if they gave you one, anything in writing related to your employment and the end of it. Even write down notes about verbal conversations while you remember them. If this goes to a hearing, having documentation makes a significant difference.

This is good advice. My hearing got scheduled 8 weeks after I applied and by then I had completely forgotten specific dates and details. Wish I had written everything down immediately.

Not a dumb question at all. California EDD sends a form to your former employer as standard procedure for all claims, not just disputed ones. The employer has 10 days to respond. If they don't respond, California EDD typically processes based on the claimant's version of events. If they do respond and it contradicts what you said, that usually triggers an adjudication process.

Oh wow I didn't know they contact everyone. Good to know going in.

Yeah and honestly most small employers don't respond within that window which often works in the claimant's favor. Larger companies with HR departments almost always respond though.

Honestly same, I've been reading the EDD pages for two days and feel more confused than when I started.

EXACTLY. Just file. File your claim, file your weekly certifications every week, answer their questions honestly. That's literally all you can do. The uncertainty is maddening but sitting there not filing doesn't help at all.

The frustration with the website is real but honestly the eligibility FAQ on the California EDD site did help me understand the misconduct definition better. It varies though - some people find it helpful, others don't.

That's a really good point about keeping it neutral. I am honestly pretty angry about how it went down but I'll keep that out of the claim.

Good call. Save the venting for here lol. On the actual claim just facts: dates, what was said, what the written policy was if you know it. Straightforward and unemotional.

This is underrated advice. I've seen people tank their own claims by writing paragraphs of grievances. Keep it factual and brief.

Agreed 100%. The person reviewing your claim isn't there to validate your feelings, they're checking specific legal criteria. Match your language to that.

Great observation. Yes, if the employer documented or communicated it as a position elimination rather than a termination for cause, that works significantly in OP's favor. California EDD looks at what the employer actually reports as the reason. There's some complexity here because the employer could later claim it was misconduct, but if their own paperwork says position eliminated, that contradicts a misconduct claim.

They didn't give me anything in writing, it was just verbal. My coworker who told me it was the attendance thing might have just been speculating. Maybe I'm worrying about nothing.

Yeah apply and just report what was told to YOU officially which was position eliminated. That's what you know for a fact.

This is really reassuring. They did do a write-up once but never put me on a formal PIP or anything like that.

One write-up without formal escalation is a pretty weak misconduct case for an employer to make. Not legal advice obviously but that sounds like a situation many people successfully get benefits from.

Agree with this. The progressive discipline history matters a lot. One write-up four months ago with no subsequent formal action taken is going to be hard for an employer to frame as willful disqualifying misconduct.

This gives me so much hope, thank you for sharing that. 5 weeks though... that's a rough wait.

It really was. I'm not going to sugarcoat it. The financial stress of not knowing was awful. But the back pay when it finally came through was a significant amount and worth the wait.

This is the reality check people need. Yeah it can take weeks but back pay for all your certified weeks comes at once which is actually kind of a relief compared to nothing.

I had no idea I needed to start job searching right away. Do I need to register somewhere or just keep my own records?

You need to register with CalJOBS (the state job search website) within 21 days of filing your claim. And keep your own job search log with at least 3 job search activities per week. California EDD can audit this.

Yes this is accurate and really important. People get retroactively disqualified when California EDD audits job search records and they either don't have them or only have two contacts a week instead of three. Start your log from day one.

Thank you for saying this. I've been feeling pretty embarrassed and stressed about the whole thing.

Please don't feel embarrassed, unemployment exists for exactly this situation. You paid into it through your work, it's there for you.

This. There's nothing shameful about using a system you contributed to. California EDD unemployment is a benefit you earned.

I bookmarked this for when my claim is in process and I need to check in on things. Thanks again.

Same, I wish I had known about this during my adjudication. I gave up trying to call and just watched my UI Online portal obsessively for updates.

No, the benefit amount is calculated the same way regardless of the reason for separation. California EDD calculates your weekly benefit amount based on your earnings during your base period (the first four of the last five completed calendar quarters). The reason you lost your job affects eligibility but not the amount you receive.

Oh good, I was wondering about that. Thanks for clarifying.

Exactly right. Your weekly benefit amount in California goes up to around 60-70% of your prior earnings up to the maximum. If you want to estimate it before you apply, California EDD has a UI benefits calculator on their website.

This is my nightmare. I'm already anxious about not knowing what's happening with my claim.

Set up email and text notifications in your UI Online account if you haven't already. It's not perfect but at least you get pinged when something changes rather than having to manually check.

Also check your actual mail every day. California EDD still sends a lot of important stuff via USPS and people miss deadlines because they're only checking their email or UI Online portal.

AND make sure your mailing address is completely up to date in UI Online. I missed a deadline because they sent something to my old address. Cost me a lot of stress to sort out.

I didn't know this was a thing. Really good to know if things get complicated. Hopefully it doesn't come to that but it's good to have as a backup.

This is excellent advice. The Unemployment Insurance Appeals Board hearings are technically informal but having guidance from someone who knows the process significantly improves outcomes. Many legal aid organizations will at minimum review your case for free.

Yes! I filed online the same day I posted this. It took about 20 minutes. My claim is now showing as pending and it says there may be an eligibility review. I'm scared but at least I did it. Filing my first weekly certification tomorrow. Thank you everyone on this thread so much - I genuinely felt less alone reading through all of this.

So glad you filed! Keep us posted. And remember - keep doing those weekly certs no matter what, even if the status looks scary.

Good for you for taking that step. Pending with an eligibility review is very normal especially for separations that weren't a clear layoff. Just respond promptly to anything California EDD sends you and you'll give yourself the best chance. Rooting for you.

Really good outcome that you filed. The worst thing people do is wait and lose benefit weeks. Now it's in the system and you have a chance. That's all you need.