Back to California Unemployment

Evelyn Kim

Can I file California EDD unemployment if I get fired from my job?

So I just got let go from my job yesterday and I'm honestly in shock. I was at this warehouse logistics company for about two years and they fired me saying it was a "performance issue" but honestly the whole situation was super murky and I feel like it wasn't entirely my fault. A coworker had been creating problems for me for months and my supervisor kept documenting things unfairly in my file. Anyway I'm sitting here trying to figure out what to do next and someone told me you can still file for California EDD unemployment even if you got fired, not just if you got laid off. Is that actually true? I always thought unemployment was only for people who got laid off through no fault of their own. How does California EDD even decide if you qualify when you were fired? Do I need to prove something? I really need these benefits because I have rent due in less than 3 weeks and I have no savings cushion right now. Any help would be super appreciated because I have no idea how to even start this process.

Yes, you absolutely can file for California EDD unemployment benefits even if you were fired — this is actually one of the most misunderstood things about the unemployment system. The key thing California EDD looks at is whether you were fired for what they call 'misconduct.' If you were let go for poor performance, not being a good fit, or similar reasons, you can very likely qualify. Misconduct in California EDD's definition is pretty specific — it has to be a deliberate violation of your employer's reasonable rules, not just making mistakes or struggling with job performance. So a performance-related termination is actually favorable territory for you. File your claim right away at edd.ca.gov because there's a waiting week built into the process and every day you delay is a day of potential benefits you lose.

0 coins

Wait so the waiting week thing is real? I thought that was eliminated. How long does it actually take to start receiving payments after I file?

0 coins

yes the waiting week is back, they brought it back after covid era ended. first week you certify you dont get paid for it its just a formality thing

0 coins

Correct — the waiting week was reinstated after the pandemic emergency period ended. Generally if your claim is approved without going into adjudication you can expect your first payment within 3-4 weeks of filing, but that includes the unpaid waiting week. Filing immediately gives you the best timeline.

0 coins

Filed under almost the exact same situation last year — fired from a retail management job for 'not meeting performance benchmarks' and I was terrified I'd be denied. Here's what actually matters when you file: be honest about why you were terminated, don't try to spin it, and let California EDD's adjudication process work. When my claim went into adjudication (which it did because my employer contested it), I just answered the questionnaire honestly and explained the performance vs misconduct distinction and got approved. The whole thing took about 5 weeks from filing to first payment.

0 coins

Did your employer actually fight it? I'm worried my company is going to contest the claim and then I'll lose. How do you defend yourself in that process?

0 coins

Yeah they did contest it but it didn't matter because California EDD has a clear standard. They ask both sides questions separately. Just document everything you remember about why you were fired — emails, write-ups, anything. Performance issues generally don't meet the misconduct threshold California EDD uses.

0 coins

same here, employer contested mine too and I still got approved. don't assume contesting automatically means denial

0 coins

One thing I want to flag — you're going to want to get through to an actual California EDD agent at some point in this process, especially if your claim goes into adjudication or your employer contests. The phone lines are genuinely brutal and I wasted DAYS trying to get through. I eventually used a service called Claimyr (claimyr.com) that basically holds your place in the California EDD phone queue and calls you back when an agent is available. There's a demo video showing how it works at https://youtu.be/JmuwXR7HA10 — I was skeptical at first but it saved me so much time and stress when I needed to talk to someone about my adjudication status. Just putting it out there because fighting the phone system on top of everything else when you're already stressed about being fired is genuinely awful.

0 coins

Oh wow I didn't even think about needing to call them. I figured everything was online. Is it really that hard to get someone on the phone?

0 coins

the phones are TERRIBLE. i tried for 3 straight days once and never got through. that claimyr thing actually works i used it too

0 coins

I've heard mixed things about those services but honestly at this point anything that gets you to an actual human at California EDD is worth knowing about. The hold times are genuinely hours long if you ever do get through organically

0 coins

To answer your question — yes most of the claim process is online through UI Online but if something flags on your claim (which termination-related claims often do) you may need to speak with someone. Better to know the option exists before you need it.

0 coins

ok so can I ask a dumb question... whats the difference between getting fired and getting laid off when it comes to california edd? like does it matter how they word it on the paperwork

0 coins

Great question and not dumb at all. When you're laid off, California EDD generally assumes you're eligible because it was the employer's decision unrelated to your behavior. When you're fired, California EDD investigates whether it was for 'misconduct' which would disqualify you. The wording your employer uses matters somewhat but California EDD does its own determination — your employer saying 'terminated for performance' vs 'terminated for misconduct' both get investigated. What actually happened matters more than the label.

0 coins

so if my employer says misconduct on the form but it was really just like i was late a few times does that still count as misconduct

0 coins

Being late repeatedly CAN be considered misconduct in California if it was after warnings — but it's evaluated on a case by case basis. Single incidents usually aren't. A pattern after documented warnings is trickier. File anyway and let California EDD make the determination rather than assuming you won't qualify.

0 coins

I went through something so similar omg. Was at my job for 3 years and got fired supposedly for 'attitude issues' which translated to me pushing back on an unreasonable supervisor. Filed immediately and was honestly shocked when it went to adjudication because I thought it would be automatic. But then I started reading everything I could about California EDD's misconduct standard and realized that personality conflicts and insubordination that isn't extreme usually doesn't meet the bar. Got approved after a 6 week wait. Just sharing because when you're in the middle of it the uncertainty is awful and knowing others got through it helps.

0 coins

6 weeks is so long to wait with bills coming up. Did you have any income during that time or were you just waiting it out?

0 coins

I had a tiny bit of savings and I also did some gig work during that time — just be careful because if you earn money you have to report it on your weekly certifications. It doesn't disqualify you it just adjusts your payment amount for that week.

0 coins

yeah the weekly certification thing is important. you have to keep certifying every week even while your claim is in adjudication or pending, otherwise you lose those weeks of benefits even after you get approved

0 coins

Important thing nobody has mentioned yet — when you file your claim online through UI Online at edd.ca.gov, you'll be asked why you separated from your employer. Be straightforward and say you were fired. Then California EDD will send a form to both you and your employer asking about the circumstances. Answer the employer's questionnaire carefully and specifically. Don't over-explain but do be clear that the reason was performance-related and not intentional rule-breaking. That's the whole ballgame for whether you get approved without a fight.

0 coins

When they send the questionnaire do I have a deadline to respond to it? I'm worried about missing something important in the mail.

0 coins

Yes there's a deadline, usually 10 days from the mailing date. Watch your UI Online inbox too because California EDD sends notices electronically as well if you opted in. Missing the deadline can result in a default determination which may not go in your favor, so this is critical.

0 coins

this!! i missed a deadline once because i assumed the mail would be faster. check UI Online constantly especially in the first 4-6 weeks of your claim

0 coins

EDD phone lines are an absolute joke honestly. I once sat on hold for 4 hours and then got disconnected with no callback. FOUR HOURS. For a 5 minute question. The whole system is designed to make you give up.

0 coins

This is so real. The callback system they have never actually calls back either in my experience

0 coins

exactly. the 'we'll call you back' thing is a lie. i've waited entire days for that callback and nothing. at least with claimyr you actually get the callback

0 coins

This is terrifying to read while I'm already stressed. Are there any situations where I actually NEED to talk to a person or can I handle everything through the website?

0 coins

To answer your follow-up about needing to call — most straightforward claims can be handled entirely online. But here are the situations where you really do need a human: your claim is stuck in adjudication for more than 3 weeks with no movement, you received a Notice of Determination you want to appeal, there's a discrepancy in your payment amount, or your UI Online account shows an error you can't resolve. If you're fired and your employer contests, adjudication is very likely, which means at some point talking to an agent helps a lot.

0 coins

And what's the actual adjudication process? Like what happens step by step? I keep seeing this word but don't totally understand what it means.

0 coins

Adjudication just means California EDD is investigating your claim before approving it. They gather info from you and your employer, review it, and issue a determination. You'll get a questionnaire (DE 1080CZ usually), you answer it, your employer answers their version, and a California EDD interviewer makes a decision. If either side disagrees with the decision, they can appeal to the California Unemployment Insurance Appeals Board (CUIAB).

0 coins

Just to add — during adjudication your benefits are technically on hold but if you win the determination, ALL those weeks you certified for get paid out at once. That's why you must keep certifying weekly even when nothing seems to be happening.

0 coins

my coworker told me you can't get unemployment if you quit or get fired and only laid off people qualify but that doesn't sound right after reading this thread

0 coins

Your coworker is half right — quitting typically disqualifies you UNLESS you had a good cause for quitting (like a significant reduction in pay, unsafe working conditions, harassment, etc.). Getting fired is different — it's not automatic disqualification, California EDD investigates whether misconduct was involved. So fired people apply and frequently get approved, it just involves more scrutiny than a layoff.

0 coins

oh wow i've been telling people wrong this whole time lol. good to know for the future

0 coins

yeah the quit rules are really interesting actually. california has broader 'good cause' definitions than most states for people who quit. but thats a whole different thread

0 coins

Circling back to the Claimyr tip I mentioned earlier — wanted to add that it's especially useful if your claim goes into adjudication and you need to follow up on the status or ask questions about your questionnaire responses. California EDD adjudication can sometimes stall and having a way to actually reach someone (claimyr.com, demo at https://youtu.be/JmuwXR7HA10) makes a difference. I've seen people in this sub wait 8+ weeks because they couldn't get anyone on the phone to unstick their claim.

0 coins

Seconded. My adjudication actually resolved faster after I called and asked specifically about the status. Sometimes claims just sit there waiting for a human to look at them and a phone call prompts action.

0 coins

Has anyone actually used Claimyr recently and had it work? I want to make sure it's still functioning before I rely on it.

0 coins

I used it within the last couple months and it worked fine. You basically just sign up, give them your callback number, and they navigate the California EDD phone system for you and call you when an agent picks up. Saved me probably 3-4 days of attempted calling on my own.

0 coins

Something important that hasn't been addressed — make sure you also register on CalJOBS (the California job search portal) when you file. California EDD requires you to be registered there as part of your eligibility. It's separate from filing on edd.ca.gov but it's required and some people don't know about it until their claim gets flagged.

0 coins

Wait what's CalJOBS? Is that something I have to do immediately or can I do it after I file?

0 coins

CalJOBS is California's job search database at caljobs.ca.gov. You should do it basically simultaneously with filing or very shortly after. California EDD may contact you about it if you haven't registered. It's part of proving you're actively looking for work which is one of the ongoing eligibility requirements.

0 coins

Also important — California EDD requires you to complete three job search activities per week as part of your ongoing eligibility. These should be legitimate activities (applying for jobs, attending job fairs, networking, etc.) and you report them when you certify weekly. Keep a simple log of what you did, where, and when. Some people get audited on this.

0 coins

Can I ask something that's been bugging me reading this thread — if the employer fights the claim does California EDD almost always side with the employer? I feel like the whole system is set up to deny people

0 coins

Actually the data suggests otherwise for performance-based terminations. California EDD's misconduct standard is genuinely high — it requires willful misconduct, not just poor performance. Employers contest claims all the time but that doesn't mean they win. The fact that your employer fights it doesn't tip the scales to their favor automatically, it just means both sides get heard.

0 coins

ok that's actually reassuring. I always assumed contesting = denial

0 coins

I was in exactly that situation. Employer contested, I answered honestly, got approved. The process feels intimidating but if the facts support you California EDD's determination usually reflects that. And if it doesn't, you have the right to appeal to CUIAB which is a whole separate process with a judge.

0 coins

CUIAB appeals are actually pretty claimant-friendly from what I've seen. The hearings are over phone usually and the administrative law judges are generally pretty fair about listening to context

0 coins

just want to drop in and say for anyone in this thread panicking about the timeline — the date you file matters a LOT. your benefit year starts the week you file, not the week you got fired. if you got fired last week and you wait another week to file, you just lost a week of potential benefits permanently. file TODAY even if you don't have all your info ready, you can call and update things later.

0 coins

I filed this morning actually after reading the earlier comments! So hopefully I'm already in the system. Should I expect any kind of confirmation email?

0 coins

yes you should get a confirmation number on screen and usually an email confirmation to the address you registered with. also check UI Online within 24-48 hours because California EDD should show your claim as filed pretty quickly

0 coins

Good move filing right away. Also save that confirmation number somewhere safe because you'll need it if you ever have to call in and reference your claim

0 coins

I feel so validated reading this thread. Nobody tells you any of this stuff when you get fired you're just kind of thrown out the door with no information. The fact that performance terminations often qualify is genuinely news to me and I've been through the California EDD system twice before.

0 coins

Right?? I wish I had found a thread like this before my first unemployment experience. I almost didn't file the first time because I was fired and assumed I wouldn't qualify. Left money on the table for months.

0 coins

Exactly. And the fact that you have to keep certifying weekly even during adjudication is also something nobody tells you upfront. That almost cost me weeks of backpay the first time.

0 coins

Since OP mentioned they're worried about the rent timeline — here's the realistic best case scenario: you file today, no adjudication, employer doesn't contest, you get approved within 2-3 weeks, first payment comes week 3-4. More realistic scenario with adjudication: 5-8 weeks to first payment. Plan accordingly. Look into local emergency rental assistance programs in your city or county as a bridge because California EDD even in the best case takes time. Many counties have one-time emergency assistance that can cover rent while you wait.

0 coins

That's actually really helpful context. I didn't think to look into emergency rent assistance. Is there a place to find those programs online?

0 coins

Search your county name plus 'emergency rental assistance' or check 211.org which is a social services directory. Also local community action agencies often have emergency funds. These are separate from California EDD but can bridge the gap while your claim processes.

0 coins

211.org is legit, used it when I was between claims. Also some local nonprofits and churches have emergency funds that don't require a lot of documentation.

0 coins

THE WORST THING is when you finally do get through to California EDD on the phone and the agent tells you they can't see why your claim is delayed and to just wait. HAPPENED TO ME TWICE. at least getting through is a start but sometimes even that doesnt help

0 coins

This is real, some agents are more helpful than others. If you get someone who says they can't help, call back — different agent, sometimes different outcome. With Claimyr it's at least easier to make multiple attempts because you're not spending 4 hours trying to get through each time.

0 coins

yeah thats a good point. the agent lottery is real. ive had agents who actually escalated things and agents who basically just read back what i can already see in UI Online

0 coins

One thing I haven't seen mentioned — when California EDD approves your claim they'll issue you a Bank of America EDD debit card (unless you switch to direct deposit which you can do in UI Online). Make sure your address on file is current because that card gets mailed and if it goes to an old address you'll have to request a replacement which adds more delays.

0 coins

Oh good tip, I actually moved 6 months ago. Should I update my address before filing or can I update it during the process?

0 coins

You can update it in UI Online — just go to your account settings. Do it sooner rather than later. Also honestly I'd recommend setting up direct deposit in UI Online once your claim is active so you get payments faster than waiting for the debit card to arrive and activate.

0 coins

seconding the direct deposit recommendation. the BofA EDD card has had issues in the past and direct deposit is just cleaner. takes a week or two to verify your bank account in the system so set it up early

0 coins

Coming back to add one more thing since I see this trip up people — when you do your weekly certifications, the questions about 'did you work' and 'did you earn any money' cover ALL sources of income including gig work, freelance, side jobs, cash work, anything. Lying on certifications is fraud and can result in having to repay all your benefits plus penalties. If you did any gig work to cover bills while waiting for your claim, report it. It reduces your benefit for that week but doesn't disqualify you and it keeps you legally protected.

0 coins

What counts as 'work' for the weekly certification? Like if a friend pays me to help them move, does that count?

0 coins

Yes, any money you receive in exchange for services counts. The threshold is something like if you earn more than 25% of your weekly benefit amount in a given week, your benefit is reduced dollar for dollar above that. But you must report it regardless of the amount. California EDD does cross-check with employment records and tax info.

0 coins

i did not know about the 25% rule that's actually good to know. so you can do some work and still collect partial benefits?

0 coins

Exactly — it's called a partial claim and California EDD actually has this built in for situations where people are working reduced hours or picking up occasional gigs. Full benefit isn't paid but some is, and it's way better than not reporting and risking fraud allegations.

0 coins

For anyone who reads this thread later and ends up with a stalled claim or adjudication that won't move — seriously save the Claimyr link (claimyr.com) and the video at https://youtu.be/JmuwXR7HA10. Getting to an actual California EDD agent when your claim is stuck is often the only way to unstick it, and the regular phone approach is basically a lottery. Having a tool that actually gets you through is worth knowing about before you're desperate.

0 coins

Bookmarked. Genuinely wish I had known this existed during my last claim experience.

0 coins

Thank you for this whole thread honestly. I came here panicking and I feel so much more informed now. Filed this morning, registered on CalJOBS, updated my address, and set a reminder to certify for my waiting week. Fingers crossed this resolves without major adjudication issues.

0 coins

You've done everything right. Keep certifying weekly no matter what, respond to any California EDD correspondence within the deadline, document your three job search activities per week, and you're in the best possible position. Good luck — fired for performance is genuinely one of the more approvable situations for California EDD benefits.

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,680 users helped today