Can I get California EDD unemployment if I was fired for being sick?
So I got let go from my job last month and I'm honestly still in shock about it. I'd been with the company for almost 4 years and had a decent record overall. The thing is, I missed several days over the past few months because I kept getting hit with back-to-back health issues - a respiratory infection, then a stomach bug, and then I had to take my kid to the ER unexpectedly one weekend which bled into a Monday. I called in every single time, followed their call-out procedure, even brought doctor's notes when I could. My employer said it was due to 'excessive absenteeism' but I genuinely couldn't help being sick. They never put me on any kind of formal attendance improvement plan or warned me in writing that I was close to being terminated. One day my manager just called me in and handed me separation paperwork. I filed for California EDD unemployment benefits right away because I have bills to pay and I'm a single parent. Now my claim is sitting in adjudication and I have an interview scheduled with an EDD representative next week. I'm terrified they're going to deny me. My main question is: can I get unemployment if I was fired for being sick? I've been reading conflicting stuff online. Some sites say if you're fired you automatically get denied, others say it depends on the reason. I really need this to work out and I don't know what to expect from the adjudication interview. Any help from people who've been through this would be massive.
78 comments

Nathaniel Mikhaylov
Really important question and one that comes up a lot. The short answer is YES, you can absolutely qualify for California EDD unemployment benefits even if you were fired - it all comes down to whether your termination was for 'misconduct' under California UI Code. Being fired for attendance issues related to genuine illness is generally NOT considered misconduct because misconduct requires willful or wanton disregard for your employer's interests. Getting sick isn't willful. California EDD adjudicators look at whether you had control over the behavior that led to your firing. You didn't choose to be sick, you followed proper call-out procedures, and you brought documentation. Those are all points in your favor going into that adjudication interview.
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Melody Miles
AuthorThis is really reassuring to hear. So the fact that I called in every time and followed their procedures should matter? I was worried they'd just take my employer's side automatically.
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Eva St. Cyr
yeah this is right. my sister got fired for 'attendance' related to her chronic migraines and she got approved after her adjudication interview. the key is being able to explain it was medical
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Kristian Bishop
One thing to add - make sure you have documentation ready for the interview. Any doctor's notes, texts to your supervisor, emails about the absences. The more paper trail you have showing the absences were legitimate, the stronger your position.
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Kaitlyn Otto
I went through almost the exact same situation two years ago - terminated for attendance, filed with California EDD, went through adjudication. The interview felt intimidating but the EDD rep was actually pretty straightforward. They asked me specifically about each absence period, whether I had medical documentation, and whether my employer had given me any formal written warnings before firing me. The fact that you mentioned they never gave you a written performance improvement plan is actually significant. California employers who claim misconduct-based termination need to show the employee knew their job was at risk. If they just fired you with no prior written warning, that works in your favor during adjudication.
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Melody Miles
AuthorWait so the lack of any written warning actually helps my case? My employer just called me in out of nowhere. I never received anything in writing saying my job was in danger.
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Kaitlyn Otto
Exactly. It shows there was no progressive discipline process. EDD takes that into account when evaluating whether the separation was truly for disqualifying misconduct or just a business decision.
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Axel Far
this is good info. i always assumed getting fired meant automatic denial but thats clearly not true
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Jasmine Hernandez
Okay so practical advice before your adjudication interview: the biggest thing is being honest and consistent. Tell them exactly what you told us here - you were sick, you followed procedures, you provided documentation when possible. Don't embellish or guess at things. Also - and I can't stress this enough - KEEP FILING YOUR WEEKLY CLAIMS while adjudication is pending. A lot of people stop because they think there's no point but if you get approved those payments backdate to when you were eligible. Do not skip your weekly certifications no matter what.
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Melody Miles
AuthorOh wow I didn't realize I needed to keep filing. I almost stopped because I thought it was pointless while the claim was pending. Thank you for that.
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Luis Johnson
This is so important!! I made the mistake of not filing during my adjudication period and when I was finally approved I lost out on like 5 weeks of payments. Keep filing every week no matter what!!
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Nathaniel Mikhaylov
100% correct on continuing to file weekly claims. That's one of the most common and costly mistakes claimants make during adjudication.
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Ellie Kim
Just want to throw in - if you're having trouble getting through to California EDD to ask questions before your interview or check on anything with your claim, I used a service called Claimyr that actually got me connected to a live EDD agent. I'd been calling for days getting the busy signal or getting disconnected. Went through Claimyr and had someone on the phone within a couple hours. Their site is claimyr.com and they have a video showing how it works at https://youtu.be/JmuwXR7HA10 - might be worth it if you have questions you want answered before that adjudication interview.
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Melody Miles
AuthorOh interesting - I've been trying to call EDD to ask about what to expect in the interview and can't get through at all. I'll check this out.
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Fiona Sand
does that actually work? i've been trying to call edd for 3 weeks straight
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Ellie Kim
It worked for me. I was skeptical too but I genuinely had an agent on the line and was able to ask about my specific situation. Worth trying if you're hitting walls.
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Kristian Bishop
For the adjudication interview itself, here are things you should be prepared to discuss: 1. The specific dates of each absence 2. What the medical reason was (you don't need to overshare but basic explanation) 3. How you notified your employer each time 4. Whether you were ever given written warnings about attendance 5. Whether the company had a formal attendance policy and whether you were made aware of it 6. Whether any coworkers were treated differently for similar situations Also be prepared for your former employer to give their side. The EDD rep may have already spoken to them. Stay calm, stick to facts, don't get emotional or badmouth your employer.
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Melody Miles
AuthorThis is incredibly helpful. I'm going to write all of this down. Should I bring physical copies of my doctor's notes to the interview or just have them ready in case they ask?
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Kristian Bishop
Bring everything you have. Organized is better than scrambling. Even if they don't ask for it during the call, you can offer to fax or email documentation after.
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Mohammad Khaled
agreed being prepared with actual documents makes a huge difference. my adjudication went much smoother once i sent in supporting materials
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Alina Rosenthal
I got fired for attendance too and was SO scared I'd be denied. Mine was approved after adjudication! The EDD rep told me that my absences were for documented medical reasons and my employer couldn't show I'd been warned in writing. I cried when I got the approval letter honestly. There's definitely hope for your situation.
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Melody Miles
AuthorThis gives me so much hope. Thank you for sharing that. Did the whole process take long after the interview?
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Alina Rosenthal
About 2 weeks after my phone interview I got the determination letter. Then payments started processing pretty fast after that.
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Eva St. Cyr
glad it worked out for you. these approval stories are really helpful for people going through it right now
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Luis Johnson
ok wait I'm confused about something - isn't there a difference between being fired and quitting when it comes to EDD? like I thought quitting automatically means no benefits but being fired is different? or is it the other way around
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Nathaniel Mikhaylov
Both situations can result in benefits depending on circumstances. Quitting can be approved if you had 'good cause' (like unsafe working conditions or significant pay cut). Being fired is approved UNLESS EDD determines it was for misconduct. Neither automatically approves or denies - it depends on the reason.
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Luis Johnson
ohhhh okay that makes way more sense. so neither one is automatic either way. thanks for clarifying i always had that backwards
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Axel Far
yeah the misconduct thing is key. not all firings are misconduct. being sick is not misconduct
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Finnegan Gunn
One thing I want to flag - your employer might try to argue that your absences violated their attendance policy and therefore constituted misconduct. This is a common employer argument. But California EDD and courts have consistently held that absences due to genuine illness, especially when properly reported, don't meet the legal standard for misconduct under Unemployment Insurance Code Section 1256. Your situation sounds like it fits squarely within what EDD considers non-disqualifying.
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Melody Miles
AuthorI looked up that code section after reading this and it's really reassuring. The key word being 'willful' - I had zero control over getting sick.
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Finnegan Gunn
Exactly right. Willfulness is the core of misconduct disqualification. You can't willfully get sick. As long as you can show the absences were genuine and properly reported, you're on solid legal ground.
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Jasmine Hernandez
This is a really important point. A lot of employers try to frame legitimate medical absences as policy violations to avoid UI charges. EDD is supposed to look past employer framing to actual facts.
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Fiona Sand
im dealing with something similar right now but slightly different - i was fired supposedly for performance issues but really it was right after I came back from medical leave. feels retaliatory. does EDD factor that in?
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Nathaniel Mikhaylov
The timing you're describing could be relevant. If performance was never an issue before medical leave and suddenly became the reason for termination right after you returned, that's worth presenting in your adjudication interview. EDD considers context, not just the employer's stated reason.
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Fiona Sand
ugh okay yeah. the timing is so obvious. my reviews were fine before i took leave. definitely bringing this up
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Kristian Bishop
Document that timeline if you can - any performance reviews, emails praising your work, then the sudden shift. That contrast tells a story.
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Finnegan Gunn
Worth noting that this could also potentially be a separate legal issue under CFRA/FMLA protections, but that's a different conversation from the EDD claim process.
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Miguel Harvey
I've been lurking this thread and it's so helpful. I'm in almost the exact same boat - terminated last week after calling out sick three times in two months. My employer called it 'job abandonment' which is completely false because I called every single time. Has anyone dealt with the job abandonment claim specifically? That seems worse than just saying excessive absences
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Kaitlyn Otto
Job abandonment claims are actually often easier to disprove because there's typically phone records, texts, or emails showing you DID contact your employer. If you have any proof you called in, that directly contradicts the abandonment claim. Gather everything.
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Miguel Harvey
I have texts to my manager each time saying I was sick and couldn't come in. So there's a clear record. That's good right?
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Kaitlyn Otto
Those texts are gold for your adjudication. Save screenshots of every single one. That directly refutes the abandonment claim.
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Ashley Simian
Not to be a downer but I want to share a different experience - I was denied after my adjudication even though I thought my situation was clear cut. I was fired for absences related to anxiety and depression. I didn't have great documentation at the time and my employer had a really detailed attendance policy they claimed I'd acknowledged. My appeal was also denied. I'm not saying this to scare anyone, just to emphasize - DOCUMENT EVERYTHING. My situation might have gone differently with better records.
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Melody Miles
AuthorI'm sorry that happened to you. It's a good reminder not to be overconfident and to really prepare with documentation. Did you go through an attorney for the appeal?
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Ashley Simian
I didn't, I couldn't afford one at the time. I've heard the California EDD appeals board sometimes has different outcomes than initial adjudication so that might have helped. Lesson learned the hard way.
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Jasmine Hernandez
This is really valuable even if it's not the outcome you wanted. Documentation really does make or break these cases. Thank you for sharing.
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Ellie Kim
Circling back on the EDD contact issue - for anyone in this thread who's trying to get through to EDD before their adjudication interview and can't get a human on the line, Claimyr (claimyr.com) is genuinely worth trying. I know a few people in my situation who've used it specifically to ask pre-interview questions and get clarity on what documents to have ready. The video walkthrough at https://youtu.be/JmuwXR7HA10 explains how it connects you. Getting to talk to an actual EDD agent before that interview can make a real difference.
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Fiona Sand
gonna try this today. been trying to call EDD for literally two weeks and can never get through
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Miguel Harvey
same here. the phone situation with EDD is absolutely brutal. anything that actually gets a human on the line is worth it
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Oliver Cheng
Quick practical thing - when you do your adjudication interview, make sure you're in a quiet place with good phone signal and have at least an hour blocked off. My interview ended up being almost 45 minutes with all the questions they asked. Also have your claim ID number written down and accessible because they'll ask for it right at the start.
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Melody Miles
AuthorGood call on the quiet environment. I was going to do it during my lunch break in my car but maybe I should plan better than that.
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Oliver Cheng
Car is fine as long as you're parked and have signal! I did mine from my car actually. Just make sure it's somewhere you won't be interrupted.
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Luis Johnson
also write down notes during the call if you can! i wish i had taken notes on what the rep said instead of just trying to remember it all later
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Taylor To
I work in HR (not at your former company obviously) and can tell you from the employer side - when we contest a UI claim we have to provide specific documentation of warnings and disciplinary actions. If your employer just fired you with no progressive discipline trail, their chances of successfully contesting your claim are actually pretty low. Most HR departments know this which is why good ones do progressive discipline. The fact that you had no formal warnings really does work in your favor.
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Melody Miles
AuthorThis perspective is really eye-opening. So from the employer's side, firing someone without documented warnings actually weakens their ability to contest the UI claim? I had no idea it worked that way.
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Taylor To
Exactly. To successfully argue misconduct and block your UI benefits, they basically need to show a documented pattern of warnings that you ignored. No paper trail makes that very hard to establish.
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Nathaniel Mikhaylov
This HR perspective is really valuable context. Employers who skip progressive discipline frequently find their UI claims contested and lose.
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Axel Far
wow never knew it was that hard for employers to contest claims without documentation. that's actually really reassuring for people in this situation
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Ella Cofer
does anyone know if the adjudication interview is recorded? like does what you say there get used against you later if you appeal or anything
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Kristian Bishop
Yes, adjudication interviews are generally part of the official record. If your case goes to an appeal hearing, the record from adjudication can be referenced. This is why accuracy and consistency matter - tell the same true story every time.
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Ella Cofer
okay good to know. not that i have anything to hide just wanted to know what the stakes were
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Finnegan Gunn
It cuts both ways - if you're honest and consistent, having a record actually helps you. If an employer changes their story between adjudication and appeal, that inconsistency gets noticed too.
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Kevin Bell
update for anyone following this - I was in a similar situation (fired for attendance, had the adjudication interview last month) and I just got my determination letter today. APPROVED!! The rep noted that my absences were for documented medical reasons and my employer couldn't demonstrate that my conduct rose to the level of misconduct under California UI code. Don't give up if you're in this situation. It can absolutely go your way.
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Melody Miles
AuthorThis is amazing news, congratulations!! This gives me so much hope heading into my interview next week.
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Alina Rosenthal
Yes!! These approval posts are so important. People need to know this isn't automatic denial when you're fired.
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Eva St. Cyr
congrats!! and thanks for coming back to update. it really helps people who are going through it right now
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Savannah Glover
Something nobody has mentioned yet - make sure your job search activities are in order even while your claim is in adjudication. California EDD requires you to complete job search activities each week you certify. I got tripped up on this during my adjudication period because I wasn't sure if I still needed to do job search while pending. You do. Three valid job search activities per week, logged properly.
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Melody Miles
AuthorWait seriously?? I didn't know I needed to be doing job searches while the claim is still being decided. I've only done like one or two things this week.
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Savannah Glover
Yes - you should be completing and documenting job search activities every week you certify even during adjudication. It's a continuing eligibility requirement separate from the adjudication of your separation.
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Jasmine Hernandez
This is so important. Continuing eligibility requirements (able and available, actively seeking work, job searches) run parallel to the adjudication process. You can lose weeks even after being approved if you didn't meet those requirements during certification.
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Kristian Bishop
CalJOBS is the state system for logging your job search activities if you aren't already using it. Worth registering if you haven't yet.
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Felix Grigori
I have a slightly different question related to this thread - if your claim gets denied after adjudication for a fired-for-attendance situation, what's the appeal process like? Like how long does it take and is it worth doing?
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Nathaniel Mikhaylov
Appeals are absolutely worth pursuing if you believe the determination was wrong. You file with the California Unemployment Insurance Appeals Board (CUIAB). You have 30 days from the determination date to appeal. The hearing is more formal than the adjudication interview - it's conducted like a mini administrative hearing with an ALJ (administrative law judge). It can take several weeks to months to get a hearing date but many people do win on appeal even after initial denial.
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Felix Grigori
okay 30 days is good to know. i always assumed appeal was like a long shot but sounds like it's worth trying
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Finnegan Gunn
The appeal process genuinely does correct a lot of incorrect initial determinations. The CUIAB hearing allows you to present more complete evidence and cross-examine employer witnesses. Initial adjudication decisions get overturned fairly often.
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Ashley Simian
For anyone using Claimyr or other methods to reach EDD agents - one tip if you do get through: have a specific list of questions written out before the call. EDD agents are helpful but calls can get cut short and you don't want to forget to ask something important. I wasted my one successful EDD connection because I was so relieved to get through that I forgot half of what I needed to ask.
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Ellie Kim
Really good tip. I actually kept a notes app open on my phone when I went through Claimyr so I could refer to my questions and also take notes on answers. Claimyr (claimyr.com) got me connected but what you do with that connection is up to you!
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Melody Miles
AuthorThis is great advice. I'm going to write out all my questions before I try calling again. I've been so scattered trying to figure all this out.
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Luis Johnson
the notes idea is genius. i always space out when i finally get someone on the line because im so surprised it worked lol
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