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Mia Rodriguez

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

So I got fired from my warehouse job last Tuesday and I'm honestly not sure if I even qualify for unemployment benefits. My supervisor said I was being let go for 'performance issues' but honestly the whole situation felt really unfair - I missed a few deadlines because they kept changing my shift schedule without telling me and I couldn't arrange childcare in time. I filed a claim with California EDD yesterday but now I'm second-guessing everything. Does getting fired automatically disqualify you from UI benefits? I've heard mixed things from coworkers. Some say only layoffs qualify and others say you can still get approved if the firing wasn't totally your fault. Really need to know where I stand because rent is due in two weeks.

Getting fired does NOT automatically disqualify you from California EDD unemployment benefits. The key question EDD asks is whether you were fired for 'misconduct' as defined under California unemployment law. Performance issues alone - like missing deadlines or struggling to meet quotas - generally don't count as misconduct. Misconduct under California UI law typically means a willful or intentional violation of your employer's reasonable rules, like showing up drunk, stealing, or deliberately ignoring safety policies. If your termination was related to performance problems, inability to do the job, or circumstances outside your control like scheduling conflicts, you have a solid case for approval. File your claim if you haven't already and be honest and detailed when answering EDD's questions about why you were separated from your employer.

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This is really reassuring to hear. The termination letter just says 'failure to meet performance standards' - nothing about any intentional rule-breaking or anything like that. Does EDD actually contact my former employer to verify their side?

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Yes, EDD will send a questionnaire to your former employer asking them to describe the circumstances of your termination. That's why it's important that you also give your side clearly when you file. If there's a discrepancy, EDD may put your claim in adjudication while they investigate further. Don't be alarmed if that happens - it just means they're gathering more info before making a determination.

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same thing happened to my brother, got fired for attendance issues and still got approved because he had documentation showing his manager kept changing his schedule last minute

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I went through almost this exact situation about eight months ago - fired for 'not meeting expectations' after my company restructured my entire team's responsibilities overnight. EDD approved my claim after about 3 weeks. The adjudication period was nerve-wracking but the determination came back in my favor. The fact that your schedule kept changing and affected your ability to meet their standards is exactly the kind of context EDD wants to hear. Document everything you can remember - dates, who changed your schedule, whether you raised the issue with HR. All of that helps your case during any potential interview or appeal.

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Did you have to do a phone interview with EDD during your adjudication? I'm worried about what to say if they call.

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Yes I had a phone interview. It was pretty straightforward - they just asked me to explain the circumstances from my perspective. Be factual, stay calm, and don't exaggerate anything. The interviewer I spoke with was actually pretty neutral and just wanted the facts. Prepare a simple timeline of events before the call so you don't get flustered.

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the phone interview is what stresses me out too, I have a pending claim right now and been waiting to hear back for two weeks already

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Honestly I spent THREE WEEKS trying to get someone at EDD on the phone to ask basic questions about my fired-for-cause claim and kept getting the busy signal or getting disconnected right before someone picked up. Was losing my mind. A friend told me to try Claimyr (claimyr.com) and I was skeptical but it actually got me connected to a live EDD agent within a couple hours. There's a video showing how it works at https://youtu.be/JmuwXR7HA10 if you want to see before trying it. Being able to actually speak to someone made such a huge difference - the agent clarified exactly what my adjudication status meant and what to expect next. For anyone who needs real answers fast instead of just guessing, it's worth looking into.

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Omg I didn't know something like this existed. I've been calling EDD every morning and can never get through. Going to check out that video tonight.

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ive seen this recommended a few times on here, does it actually work or is it just another thing that overpromises

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I was skeptical too but it worked for me. Got connected to an actual EDD rep who pulled up my claim right there. No guarantees obviously but way better than hitting redial for hours

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bookmarking this for when my claim inevitably hits a wall lol

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wait so does this mean if you get fired for like calling in sick too many times that counts as misconduct?? asking because my situation is kinda similar and im panicking

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Generally no - excessive absences due to illness are typically not considered misconduct under California EDD rules, especially if you were actually sick and notified your employer. Where it can get complicated is if you had a written attendance policy you agreed to and kept violating it after formal warnings. Even then EDD looks at whether the absences were willful vs. unavoidable. If health issues were involved, mention that clearly in your claim.

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ok that makes me feel a little better, I had a doctors note for most of the absences so hopefully that helps

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Doctor's notes are HUGE for this kind of claim. Keep copies of everything

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The California EDD misconduct standard is actually one of the more claimant-friendly in the country. California courts have consistently interpreted misconduct narrowly, meaning the bar for disqualifying someone is pretty high. Things like poor performance, honest mistakes, inability to do the job, or conflicts with supervisors over scheduling generally won't meet the misconduct threshold. The employer bears the burden of proving misconduct, not the other way around. So if your employer just says 'performance issues' without showing deliberate rule violations, EDD should lean toward approving your claim.

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That's really helpful context. My employer's termination letter is pretty vague - just says I didn't meet performance standards with no specific incidents listed. Sounds like that might actually work in my favor?

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Vague termination letters are very common and yes, they often work in the claimant's favor during adjudication. If EDD can't verify specific misconduct incidents from your employer's questionnaire response, they'll typically approve benefits. Make sure your own account of events is detailed and honest even if theirs isn't.

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this is the most useful info in this whole thread honestly

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I got fired and was terrified I'd be denied but got approved first try with no adjudication. I think it depends a lot on how your employer responds to EDD's questionnaire. Mine apparently didn't fight it very hard. Some employers contest everything and some just don't bother.

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That's a good point I hadn't considered - whether my employer even bothers to push back. This was a big warehouse company so I'm guessing they have HR people who handle these things regularly...

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Yeah bigger companies tend to respond more thoroughly because they have dedicated HR. Doesn't mean you'll get denied, just means there may be more back and forth. Stay patient and respond promptly to anything EDD sends you.

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my employer fought mine really hard and I still got approved after appealing so even if they contest it doesn't mean its over

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been sitting in adjudication for 5 weeks now after getting fired, nobody at EDD will tell me anything about where things stand. this waiting is killing me i have bills piling up

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This is exactly why I used Claimyr - I was in the same adjudication limbo and couldn't get any updates through normal EDD channels. claimyr.com helped me actually reach an agent who could see my claim notes and tell me what was holding things up. Saved me weeks of anxiety honestly.

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might have to try that, i've literally called 47 times and gotten through maybe twice and both times got disconnected after waiting 30 minutes

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47 times is genuinely painful. EDD phone lines are a nightmare. Hope you get some resolution soon - adjudication for termination cases can run 4-8 weeks unfortunately but it does end eventually

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One thing nobody mentioned - make sure you're still filing your weekly certifications while your claim is in adjudication! A lot of people stop filing because they think they have to wait for approval first but that's wrong. If you get approved, EDD will pay out all the weeks you certified for going back to when you became eligible. If you stopped filing, you might lose those weeks of backpay permanently.

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Oh wow I did NOT know this. I filed my initial claim but haven't certified for any weeks yet because I thought I had to wait. Going to do this right now, thank you!

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same, I had no idea you were supposed to keep filing during adjudication. this thread just saved me money lol

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Yes please file every week even if your status shows pending! This is one of the most common mistakes people make and it's so frustrating when they lose backdated payments because of it. Set a calendar reminder every Sunday.

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EDD should make this way more obvious in their communications honestly, the system is so confusing

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ok genuine question - when EDD does the adjudication interview, can you have someone there with you like a family member or do you have to do it alone? I'm not great on the phone and tend to blank out when I'm nervous

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You can have someone present but they typically can't speak on your behalf during the interview. The interviewer needs to hear your answers directly. That said, having someone nearby for moral support or to help you stay calm is perfectly fine. You can also ask the interviewer to repeat questions or give you a moment to think - they're not trying to trick you, just gather information.

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that's actually really helpful, even just having my partner in the room would help me stay calm

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Also worth knowing - if you miss the scheduled interview call, you can often request a reschedule. Missing it isn't the end of the world though it does delay things further. Try to pick up or call back ASAP if you miss it.

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What gets me is how EDD treats every termination as guilty until proven innocent. You have to fight to prove you weren't fired for misconduct instead of the employer having to prove that you were. The whole system feels backwards to me.

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Actually under California law it's technically the opposite - the employer does bear the burden of proving misconduct. In practice though the process can feel like you're constantly on the defensive because EDD asks both sides for their account. The legal standard is claimant-friendly but the administrative process can feel intimidating.

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huh okay that actually makes me feel a bit better about it even if it doesn't match how it feels in practice

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The law being on your side doesn't help much when you can't even get EDD on the phone to talk to a real person about your specific situation

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filed for unemployment after getting fired two months ago and my claim is STILL not resolved. i've submitted every document they asked for, did the phone interview, and now it just says pending determination with no update. at what point do you just give up

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Don't give up! And seriously try Claimyr if you haven't - I know it sounds like I'm just promoting something but I genuinely got through to an EDD agent within a couple hours after weeks of failed attempts. Go to claimyr.com and check the demo video at https://youtu.be/JmuwXR7HA10 to see how it works. An actual agent can look at your claim and tell you if there's something missing or holding it up that the online portal isn't showing you.

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ok fine I'll try it. at this point I've got nothing to lose, been refreshing my UI Online account like 10 times a day for weeks

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Two months is a long time but it does happen especially for disputed termination cases. If it goes much longer you also have the option to file a complaint with the California Employment Development Department's ombudsman office which can sometimes move things along.

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something i noticed when i went through this - EDD's decision letter when it finally comes is really important to read carefully. mine came in the mail and i almost missed it because i thought everything would be in my UI Online portal. the letter will explain exactly what they decided and if denied it has instructions for appealing within 30 days. don't let that deadline slip by

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Good to know! I set up mail forwarding recently so hopefully that won't be an issue but I'll make sure to check actual physical mail more often.

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yeah EDD still uses a LOT of physical mail even for stuff you'd expect to be digital. check your mailbox regularly while any claim is active

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this is such an underrated tip, I almost missed my determination letter too because I expected everything online

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my coworker told me you can't get unemployment if you were fired no matter what and that only layoffs qualify. been telling everyone this for years apparently, reading this thread makes me realize that's just completely wrong lol

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Yeah that's one of the most persistent misconceptions about unemployment. Layoffs and firings are both potentially qualifying events under California UI law. The difference is that layoffs are almost always approved without dispute while firings go through more scrutiny. But fired claimants get approved all the time when the termination wasn't for proven misconduct.

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wild, I would have talked my coworker out of even filing if they asked me. gonna make sure I correct that from now on

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i believed this myth too for so long, so glad i actually looked it up before deciding not to file

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Can someone explain the difference between being disqualified and being denied? My claim says disqualified but I don't know if that's different from just being rejected or if it means something more specific

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Good question - these mean slightly different things. A denial typically means you don't meet basic eligibility requirements like insufficient work history or base period wages. A disqualification means you met the basic requirements but something specific disqualifies you from receiving benefits, like being fired for misconduct, voluntarily quitting without good cause, or refusing suitable work. Disqualifications can sometimes be appealed and potentially overturned. Both outcomes should come with a letter explaining the reason and your appeal rights.

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ok so disqualified actually sounds more specific and potentially more fixable than I thought. mine was for the misconduct reason but based on this thread it sounds like that determination can be challenged

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Absolutely - misconduct disqualifications are some of the most commonly overturned on appeal, especially when employers provide vague or insufficient documentation. You have 30 days from the mailing date of the determination to file an appeal. Do not miss that window.

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second this - appeal immediately and don't assume the first determination is final

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genuine question from someone who's never dealt with this before - how long does it usually take from filing to actually receiving your first payment when there's no adjudication issue? asking because my roommate just got laid off and wants to know what to plan for

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For a straightforward layoff with no disputes, most people see their first payment within 3-4 weeks of filing. There's a mandatory one-week waiting period for your first week of benefits (you certify for it but don't get paid for it), then payments start coming from the second week forward. EDD processes payments about 10 days after you certify for the week. So realistically budget for about 3-4 weeks before seeing any money.

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That's really helpful for planning purposes. She was worried she'd have a huge gap so knowing the rough timeline helps.

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Tell her to file as soon as possible because the clock doesn't start until you file - you can't backdate a claim to before your filing date under most circumstances. Every day she waits is a day of potential benefits she won't be able to recover.

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This thread is gold. Saving it for reference. I was in a similar situation 6 months ago and WISH I had found this kind of info before going through the whole process blind. For anyone reading - the California EDD unemployment system is confusing and stressful but it's survivable. My claim took 6 weeks in adjudication after being fired and I eventually got approved and received all my backdated payments. Hang in there.

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This is exactly what I needed to read today. Thank you. Six weeks sounds like an eternity but knowing there's a light at the end of the tunnel helps.

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It really does get resolved. Just keep certifying every week, respond promptly to anything EDD sends you, and don't give up. The waiting is the hardest part but it ends.

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needed this reminder today honestly, week 5 of adjudication and starting to lose hope

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Week 5 is rough but you're in the home stretch. Hang in there.

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does anyone know if getting fired from a gig work type job is treated differently? like if you were working through an app and they deactivated your account is that considered fired or something else entirely

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Gig work and app-based work is a complex area for California UI because the classification of workers matters a lot. Under AB5 and related California labor laws, many app-based workers may actually be employees rather than independent contractors, which would make them eligible for UI. If you were deactivated by a gig platform, it's worth filing a claim and letting EDD determine your classification - don't assume you're ineligible just because you were called an independent contractor.

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ok that's interesting, I always assumed gig workers couldn't get unemployment at all. might be worth filing just to find out

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Yes absolutely file - worst case they determine you're not eligible and you're no better or worse off than before. But if they classify you as an employee under California law you could be owed significant benefits.

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update for anyone who finds this thread later - I was fired 'for cause' last year, filed for California EDD unemployment, went through 4 weeks of adjudication including a phone interview, and was approved. received all backdated weekly payments within a week of the approval notice. the process is stressful but the system does work if your termination wasn't genuine misconduct. keep filing your weekly claims, respond to everything EDD sends, and be patient.

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This is the most encouraging thing I've read all day. Thank you for coming back to share your outcome. I'm going to bookmark this whole thread.

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Good luck - based on what you described your situation sounds very similar to mine. Scheduling-related performance issues are not misconduct. You should be fine.

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these outcome update comments are so valuable for people in the middle of the process who just need to know it can work out

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