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Aisha Abdullah

Can I collect unemployment if fired? California EDD rules explained

Got let go from my warehouse job last Friday. My supervisor said I was terminated for "not meeting performance standards" but honestly the whole thing felt off — they changed my shift three times in two months and my numbers dropped because of it. Now I'm sitting here staring at my laptop wondering if I even have a shot at getting benefits. Did some reading online and I'm getting mixed signals. Some places say getting fired automatically disqualifies you, other places say it depends on the reason. I have bills due in two weeks and I can't afford to wait months to figure this out. Has anyone actually been fired and gotten California EDD approved? What does the process even look like from here?

Performance issues and misconduct are two completely different things in EDD's eyes. EDD has to decide whether what you did rises to the level of misconduct — your employer actually has to prove that, not just say the word. "Didn't hit the numbers" after they shuffled your schedule around doesn't scream misconduct to me. File right now through myEDD (https://myedd.edd.ca.gov/) and let EDD sort it out after the phone interview.

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So the fact that they changed my schedule repeatedly before my numbers dropped — does that actually matter to EDD, or is that just my side of the story they might ignore?

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EDD interviews both you and the employer separately. Tell them exactly what you told us — the schedule changes, the timeline, the drop that followed. That's exactly the kind of detail the interview exists for.

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Misconduct is not just doing a bad job, it's more like willfully breaking company rules or doing something dishonest. At least that's how my claim went when I got fired two years ago for 'attendance issues' and ended up getting approved.

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Firing from my last job led me straight into the same confusion. DE 1101I is what EDD called the application form when I applied by phone, but the fastest way is online. What took me by surprise was the phone interview — EDD mails you a notice (the DE 4800) and your interview date and time are both on it and on your UI Online homepage. I used Claimyr (claimyr.com) to get through to EDD while my claim was still pending — the video on reaching a live EDD agent over the phone is at https://youtu.be/JmuwXR7HA10. When I actually spoke to an agent, she confirmed my identity had been verified and told me which week was still pending, so I knew exactly what I was waiting on. Filed Monday, got the DE 429Z in the mail about two weeks later showing my weekly benefit amount.

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Wait — the DE 4800, is that just for people who were fired, or does everyone get one? I want to make sure I watch for the right mail.

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Only when EDD needs to look deeper at the reason you stopped working — fired, quit, things like that. If your separation is straightforward, you might not get one. But in a firing situation, expect it.

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The notice shows the time too, right? So you're just supposed to have your phone on you at that specific time and the interviewer phones then?

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Exactly. The DE 4800 lists the date and the time, and your UI Online homepage also shows it. Keep your phone nearby the whole window they give you.

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EDD approved my claim after I was fired for 'insubordination.' My manager had it out for me and twisted everything. The key was I had emails showing I'd raised concerns through proper channels before the termination. Document whatever you have — texts, emails, anything that shows the context of those schedule changes.

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That's actually reassuring. I have texts from my supervisor announcing each shift change. I'll save all of those.

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Screenshot everything and don't delete anything. When the interviewer calls at the time on your DE 4800, you want to be able to speak to specifics, not just general frustration.

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EVERYONE says their firing wasn't their fault but EDD doesn't just rubber stamp every claim either. What the employer says on their end matters and they have 10 days from when EDD mails them the DE 1101CZ to respond. If they write back and say misconduct, EDD weighs both sides. I'm not saying you won't get it — just don't assume it's automatic.

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That's true but the burden falls on the employer to prove misconduct, not on the claimant to disprove it. The employer has to actually demonstrate it, not just assert it.

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Fair point. I just see people on here act like filing = getting paid and then they're shocked when adjudication goes sideways.

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Adjudication is just EDD doing its homework on a tricky case. It doesn't mean you're automatically in trouble, it means they haven't decided yet.

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Apply today, not tomorrow. The benefit year starts on the Sunday of the week you apply, so every day you wait is a day you can't ever recover. You'll serve a waiting week — the first week is unpaid no matter what — but after that, if EDD approves, the paid weeks count from when you filed.

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I had no idea the start date was locked to when you file. I was going to wait until I heard back from some job applications first. Filing tonight.

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Please do. And you can still keep applying to jobs — looking for work is actually required while you're collecting. The two things go together.

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The waiting week thing confused me for so long. It's not a delay or a punishment, it's just the first week is always unpaid, like a deductible almost. After that, every week you certify and qualify for gets paid.

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What happens if EDD decides against you? Do you just not get anything and that's it?

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EDD mails you a Notice of Determination (the DE 1080CZ) and there's an Appeal Form (DE 1000M) right inside it. You have 30 calendar days from the mailing date on that notice to appeal in writing. The appeal goes to the California Unemployment Insurance Appeals Board and an administrative law judge holds the actual hearing.

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30 days from the mailing date, got it. And do you keep certifying while the appeal is going?

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Yes — keep certifying every two weeks through the whole appeal. EDD can only pay back weeks that were actually certified, so stopping would cost you those weeks even if you win.

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Testimony at the hearing is under oath, but you can represent yourself, have a union rep, or bring an attorney. It's not as scary as it sounds, more like a formal phone call with a judge.

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Confused about something — is the phone interview the same as an appeal hearing? My coworker got fired the same week as me and she said she 'had her appeal' but I think she meant the interview?

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Those are two completely different steps. The phone interview happens before EDD makes any decision — it's EDD gathering information from both sides. An appeal hearing only happens after EDD has already issued a denial and you've chosen to fight it. Your coworker almost certainly had the interview, not a hearing.

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That makes so much more sense. She got approved after her 'appeal' so it was definitely the interview, since she hadn't been denied yet.

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Super common mix-up. The interview is part of EDD's normal process when the separation isn't straightforward. The appeal is a whole separate legal process you'd know about because you'd have gotten a written denial first.

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DE 429Z came in the mail about 12 days after I filed when I was fired last year. It showed my weekly benefit amount — $388 for me based on my wages. What it doesn't tell you is whether you're approved; it just shows what the claim could pay. The actual decision comes later through payments showing up or a denial notice showing up.

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So getting the DE 429Z doesn't mean I'm cleared? I should not celebrate that piece of mail?

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Treat it as 'your claim is in the system and here's what it could pay.' EDD still has to decide eligibility. If your payment processes for a certified week, that's when you know things went your way.

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EDD's Unemployment Benefit Calculator on their site can estimate your weekly amount before the DE 429Z even arrives, if you want a ballpark while you wait.

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My claim after being fired sat in adjudication for almost six weeks. Every week in UI Online showed Pending. I could see on Claim History that weeks were piling up but nothing paid out. I tried phoning EDD every morning for two weeks and either hit the busy signal or got cut off. Eventually used Claimyr and ended up talking to an agent about my claim — she told me EDD was still waiting on the employer's response to the DE 1101CZ before they could schedule my interview. At least I knew what the actual holdup was instead of just staring at Pending.

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Six weeks of Pending with bills due sounds like a nightmare. Did it eventually all pay out at once when it resolved?

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All the certified weeks hit the Money Network card within about two days of the decision. The weeks don't disappear just because they were pending a long time.

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How does the Money Network card work — do they mail it to you automatically or do you have to sign up for it?

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EDD sends it automatically as the default unless you go into myEDD and choose direct deposit or a paper check instead. The card just shows up in the mail before or around when your first payment processes.

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Fired workers get approved all the time. The word 'fired' on its own means nothing — EDD cares about WHY. Getting fired for stealing is very different from getting fired for not hitting a quota after your schedule got scrambled. File your claim, attend your interview at the time on your DE 4800, and let the process work.

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Reading this thread has honestly calmed me down. I was convinced being fired meant automatic disqualification.

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That myth trips up a lot of people. It keeps them from filing at all, which is the worst outcome because then there's nothing to approve or appeal.

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Agreed on filing fast. Even if you end up getting denied, you need the clock to start ticking so your 30-day appeal window begins from the actual denial date.

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CalJOBS registration is something a lot of fired workers forget about. After you apply, watch your mail for the Notice of Requirement to Register for Work (DE 8405) — if you get one, you have 21 days from the date on it to register on caljobs.ca.gov and post a resume, otherwise payments can stop. EDD will tell you if you don't need to do it.

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I had completely missed this step in everything I read. So I watch for that specific notice in the mail after I apply?

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Yes. Not everyone gets it — EDD decides who needs to register — but if you get the DE 8405, don't sit on it. 21 days goes fast when you're dealing with everything else.

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Also keep looking for work and keep a personal note of where you applied and when. EDD's pages don't name a specific number of contacts you need, but being able to say 'I applied to X, Y, and Z this week' at your interview or if EDD ever asks is way better than saying you can't remember.

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Something I want the original poster to know: being able and available for work matters every single week you certify. If you have a week where you can't work — sick, traveling, something — you're not eligible for that week even if EDD approves the firing. Certifying has to be honest each time.

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So I answer the certification questions honestly week by week and don't just click through them?

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Exactly. Each question matters. If you work any hours in a week, report those wages too — earned in the week they were worked, not when the paycheck hits your account.

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And part-time work doesn't automatically disqualify a week. EDD has a formula where the first $25 or 25 percent of what you earned that week — whichever is bigger — doesn't count, and the rest comes off your weekly benefit amount. So working a little while searching is usually fine.

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My brother in law got fired and he said he didnt qualify so he never filed. I wonder if he actually would have if hed just tried

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That's a really common situation. People assume a firing is a permanent bar and don't file. The only way to know is to file and let EDD evaluate the actual reason. Even if EDD denies it, the appeal process exists.

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yeah I'm gonna tell him to look into it again. the whole thing was two years ago tho so probably too late now

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A claim has to be filed close to when you separated — you can't go back two years. But if he ever loses another job, he should file right away without assuming the answer is no.

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Does severance pay affect whether you can file at all? My situation is different from the OP but I got a severance package and wasn't sure if I had to wait until it ran out or something.

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Severance paid under a company plan or policy isn't counted as wages for unemployment purposes per EDD's rules, so it doesn't block you from filing. EDD's guidance says you file right away and report the severance on your certifications — EDD decides from there how it affects each week's payment.

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So I report it but I don't have to wait to file until the severance is gone?

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File now, report it honestly, let EDD do the math. Waiting would just cost you weeks you can't get back.

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EDD's Unemployment Benefit Calculator on edd.ca.gov is worth using before your DE 429Z arrives just to understand what your weekly amount might look like. It uses your quarterly wages from the base period — the highest-paid quarter in the first four of the last five completed calendar quarters before your claim starts. If your wages are lower in that window than your most recent quarter, don't be surprised if the estimate feels low.

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My hours got cut a few months before they fired me, so my recent wages are lower. Would that hurt my weekly amount?

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Possibly, depending on which quarters fall in your base period. Wages from your highest-earning quarter drive the weekly amount. EDD's calculator can help you see which quarters matter for your specific start date.

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There's also an alternate base period — the last four completed quarters — but EDD only uses that automatically if the standard base period doesn't give you enough wages to have a valid claim at all. It's not a way to pick a higher quarter if your claim is already valid.

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Overpayment is the thing nobody warns you about. If EDD pays you and then decides later you weren't eligible after all, you owe it back. So certify honestly every single week.

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And if you ever get a Notice of Overpayment, don't just ignore it. There's a waiver process — the DE 1446UI form — but it only helps if the overpayment wasn't your fault and wasn't fraud. Appeal the overpayment within 30 days of the notice date if you think the amount is wrong.

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Yeah the waiver is not guaranteed either. EDD weighs whether paying it back would cause real hardship. Best to never be in that spot.

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The employer response piece is what I didn't understand when my claim was under review. My former company had 10 days from when EDD mailed the DE 1101CZ to respond and dispute the claim. Mine never responded, which meant EDD couldn't get their version of events. I used Claimyr about three weeks in when my status stayed stuck — the agent looked up my file and said EDD had already moved past waiting on the employer and my interview was coming. That week my DE 4800 arrived.

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So if the employer doesn't respond, that doesn't automatically mean you win — EDD still does the interview?

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EDD goes ahead with what it has. An employer that doesn't respond also loses the right to appeal EDD's decision later, which ended up working in my favor.

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Knowing that the employer loses appeal rights if they don't respond is actually important. Keep copies of anything EDD sends you because dates matter throughout the whole process.

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Taxable income thing tripped me up — benefits from EDD count as federal taxable income, so they'll show up on a Form 1099G. EDD mails it in January, or you can find it in UI Online under Payments then Form 1099G. California state income tax doesn't apply to unemployment benefits though. During each certification you can opt to have 10 percent withheld for federal taxes so you're not hit with a surprise bill in April.

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I didn't think about taxes at all. So I should probably opt into the withholding from the start rather than scrambling at tax time?

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That's what I'd do. 10 percent isn't huge but it beats owing a lump sum later. You make the choice each time you certify.

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And just to clear up a myth I see on here constantly — your employer pays for unemployment insurance, nothing comes out of your paycheck for it. The CASDI deduction you see is for State Disability Insurance and Paid Family Leave, which are separate programs entirely.

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Last thing that helped me: the live chat in UI Online, through the Help button, runs Monday to Friday from 9 a.m. to 2 p.m. and can answer basic questions about your pending weeks without you having to call. It's not perfect for complex issues but for a quick 'why is my week still showing pending' question it saved me a lot of hold time.

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I didn't know live chat was an option in there. What counts as too complex for the chat agent vs. something they can actually resolve?

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Status lookups, basic questions about what's needed, identity verification confirmation — those it handles fine. Anything where EDD needs to actually make a decision or change something on your claim usually needs a phone agent.

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If the chat can't resolve it and phoning is a wall of busy signals, there's also the Ask EDD contact form for sending a written message through your account. Slower, but it creates a paper trail.

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Ask EDD messages sat in my inbox for over a week without a response during my adjudication period. For anything time-sensitive I found phoning was the only thing that actually moved things.

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