Can I apply for California EDD unemployment if I was fired from my job?

This is really reassuring, thank you. When you say EDD contacts the employer, do they just ask for a statement or is it more like a formal interview process? And does my employer have to respond within a certain timeframe?

EDD sends the employer a questionnaire asking for their account of the separation. Employers typically have about 10 days to respond. If they don't respond in time, EDD usually proceeds with just your information, which often works in the claimant's favor. If there's a dispute between your account and theirs, the claim gets flagged for adjudication - meaning an EDD representative reviews everything and makes a determination.

yeah they contacted my old employer when i filed and they lied through their teeth about why i was let go. ended up going to an appeal hearing. just be ready for that possibility

Wait I didn't know about the weekly certifications! I filed the initial claim Sunday - so do I certify starting this week or do I wait until something gets approved first?

Start certifying immediately. UI Online will show you your certification schedule once your claim is set up. Typically you certify for the previous week on Sundays or Mondays. Don't skip weeks even if your claim is still showing pending - those weeks are what gets you paid retroactively once approved.

THIS. I learned this the hard way. Waited 5 weeks to start certifying because I thought I had to wait for approval and lost those weeks. Don't make my mistake.

I'm definitely going to need to talk to someone at EDD at some point. I already tried calling twice and got a busy signal both times. I'll check out that Claimyr service - did the EDD agent actually help you prepare for adjudication or just give general info?

The agent told me specifically what notes were on my claim file and what questions the adjudicator would likely be focusing on. That was way more useful than anything I found online. Definitely worth getting that direct conversation if your claim goes into adjudication.

claimyr sounds like a lot of extra steps tbh. why not just keep calling EDD directly

Because EDD's phone line drops you after holding for 2+ hours or just plays a message saying they can't take your call. I tried the direct line method for almost a week before trying Claimyr. Not saying it doesn't work for everyone but I was desperate at that point.

wait so even if I got fired for being late a bunch of times that might not be misconduct??

Correct - repeated tardiness by itself usually doesn't rise to the level of misconduct for EDD purposes, UNLESS you had multiple formal written warnings, were told explicitly your job was in jeopardy, and continued anyway. Even then it's not guaranteed to be a disqualifying finding.

This is not entirely accurate - EDD does sometimes find misconduct for attendance issues depending on circumstances. Don't want people to count on approval when it's not guaranteed.

Fair correction - nothing is ever guaranteed with EDD. My point was just that firing doesn't automatically mean disqualified, and the misconduct standard is higher than most people expect. Always apply and let EDD make the determination.

Unfortunately yes - adjudication for separation disputes can take 3-6 weeks depending on EDD's current workload and how quickly your former employer responded to their questionnaire. The wait is brutal but it doesn't mean anything negative about your case outcome.

Three to SIX weeks?! I'm going to lose my apartment. Is there anything I can actually do to speed this up or am I just at their mercy?

Getting an actual EDD agent on the phone is your best bet for getting any real update. I used Claimyr (claimyr.com) when I was in a similar situation - they got me through to an agent and I at least found out where my claim was in the process. The video at https://youtu.be/JmuwXR7HA10 explains the whole thing. Knowing the timeline helped me figure out what else I needed to do while waiting.

Ok I'll try that. At this point I just need SOME information. The not knowing is the worst part.

100% feel this. The lack of communication from EDD is infuriating. You're in the middle of a financial crisis and they just... say nothing for weeks.

And when you DO finally get through to someone they're reading off a script and can't actually tell you anything useful. 'Your claim is being processed.' OK THANKS SO HELPFUL.

at least you got approved eventually. some people get denied and then have to go through the whole appeal process which takes even longer

That's a good point about keeping it factual. I do have some texts where I told my manager about the family situation before the deadlines were missed. Would those be useful to have ready?

Absolutely yes. Those texts show you communicated proactively rather than just blowing off the deadlines. That's exactly the kind of documentation that helps establish there was no willful misconduct. Save screenshots of everything.

also check if your company has an HR handbook or written performance policy - if they had a progressive discipline policy (verbal warning, written warning, etc) and skipped straight to firing you, that can also work in your favor with EDD

EDD shares enough information with the employer to allow them to respond to your version of events - so functionally yes, your account of the separation gets shared in some form. But this shouldn't change what you say to EDD - always tell the truth. Making your story sound better than it was can backfire badly if it contradicts records the employer submits.

ok that makes sense. I was just worried about saying something that causes problems but yeah I should just be honest

The process is designed as an information-gathering exercise, not adversarial questioning. EDD wants to understand what happened. Being straightforward and consistent is always the best approach.

A single altercation without prior incidents can sometimes be found not to meet the misconduct standard depending on context. But I wouldn't exactly recommend that strategy for keeping your job lol.

oh definitely not lol. just saying the system is more nuanced than people think

This is helpful context even if it's not what I was hoping to hear. If I do get denied, what does the appeal process actually look like? Is it like a court thing?

It's an administrative hearing, not a courtroom, but it is more formal than the initial claim process. You appear before an Administrative Law Judge - usually by phone now - and both you and your employer can present testimony and evidence. You don't need a lawyer though many people go without one and win. The hearing is recorded and you have the right to see any documents EDD or your employer submitted.

Appeals do have a deadline though - you typically have 30 days from the date on your denial notice to file the appeal. So if you get denied, act quickly and don't wait to see if the situation resolves itself.

If you haven't established a claim yet, unfortunately those pre-filing weeks typically can't be claimed retroactively. Your benefit year starts from when you file. This is why filing immediately after losing your job is so important - don't wait to see if you find something else first.

ugh I really wish I had known that. filing today for sure

File ASAP and don't look back. Every week you delay is potentially money you can't recover. The whole 'I'll find a job fast' thinking is what got me behind on my claim too.

I have this written on a sticky note now literally. Certify every week no matter what. Thank you.

good!! set a phone reminder too. Sunday or Monday, every week, no exceptions

also when you certify and it asks if you were able and available to work - make sure you answer yes (assuming you were). That's one of the eligibility requirements people sometimes accidentally answer wrong and it can create issues

That would be the dream scenario. I genuinely don't know if my old company will contest it or not. My manager seemed pretty checked out by the end so maybe they won't bother?

In my case I think the company just didn't have the bandwidth to deal with it. Smaller companies especially often don't bother responding to EDD questionnaires. Bigger companies with HR departments are more likely to contest.

yeah worked at a startup and they never replied to EDD at all. got approved super fast

Not a dumb question at all. 'Discharge' is the technical term EDD uses for being fired. Select 'discharge' not 'layoff' - selecting the wrong reason can actually complicate your claim if it doesn't match what your employer says. Answer accurately and let EDD sort out the nuances.

Ok good to know. I put 'laid off' because I panicked and thought it would help my chances. Should I call EDD to correct this?

Yes, I would contact EDD to clarify the separation reason as soon as possible. A discrepancy between what you reported and what your employer reported can flag the claim for additional review. It's always better to proactively correct a mistake than have EDD discover the inconsistency during their review.

Agree - call EDD to fix this. The good news is correcting a mistake you caught yourself looks very different from intentional misrepresentation. EDD agents deal with this regularly.

The chat can answer general questions but for anything claim-specific you really do need a phone agent. I spent a frustrating week trying every channel before I tried Claimyr. The site is claimyr.com and they have a walkthrough video at https://youtu.be/JmuwXR7HA10. It routes you through to an actual EDD phone agent instead of you sitting on hold for hours. For something like a fired claim in adjudication you really do need someone who can pull up your file.

I've heard about Claimyr a few times now. Does it work for just checking on claim status or only for more complicated issues?

Works for anything that requires talking to an actual agent. Claim status, adjudication questions, fixing wrong info you submitted, whatever. As long as you need a real human at EDD, it gets you there.

This is exactly what I needed to see right now. Congratulations!! And thank you for coming back to post the update.

Hang in there. Document everything, certify every week, and be honest with EDD about what happened. That's really all you can do while you wait.

Love a success story in this thread. Real hope for everyone sitting in adjudication right now.

congrats!! this is the update we all needed