Can I get unemployment if I was terminated from my job in California?

This is really reassuring, thank you. I did get a questionnaire in my myEDD inbox and I wasn't sure how much detail to include. Should I basically write out the whole situation or keep it short?

Write it out fully. Include specifics like whether you ever received written warnings, whether you were given a performance improvement plan, and whether you had any prior disciplinary actions on record. The more detail you provide showing the termination was not due to deliberate misconduct on your part, the better your chances of approval.

agreed the questionnaire is super important dont skip any questions even if they seem irrelevant

Three weeks feels long but at least there's a light at the end of the tunnel. Did you keep filing your weekly certifications during adjudication? I wasn't sure if I should keep doing that or wait.

YES keep filing every week no matter what! If you stop and then get approved they make it really complicated to get those weeks paid retroactively. Just keep certifying like clockwork.

This. Do not stop your weekly claims. Even if adjudication takes a while those weeks bank up and you get paid for all of them once the decision comes through.

I've been trying to call EDD for days and can't get through at all. Definitely going to check that out, thanks.

ugh the EDD phone lines are an absolute nightmare. i spent literally 6 hours one day just getting busy signals and then they hung up on me. glad there's something that actually works

I've heard of Claimyr too, a coworker used it when her claim was stuck. Said it saved her a ton of stress.

Actually it's the opposite of what your cousin said. If you voluntarily quit without what EDD considers 'good cause' you likely won't qualify. Being terminated (fired) actually makes you eligible in most cases UNLESS the employer can prove misconduct. So getting laid off or fired for performance reasons often qualifies, while quitting without a valid reason often doesn't.

ohh ok that makes way more sense. i had it completely backwards this whole time lol. good to know

Yeah this is one of the most common misconceptions about California EDD. Lots of people think fired = no benefits and quit = benefits but it's basically the reverse in most situations.

This is terrifying honestly. How did you find out your employer had filed a protest? Did EDD tell you or did you find out some other way?

Only found out when I finally got a human on the phone. My online account just showed 'pending' forever with zero explanation. The phone call was the only way to get real information about what was actually happening.

This is exactly why having a way to actually reach EDD by phone matters so much. Claimyr (claimyr.com) was genuinely how I got through during a similar situation - the online portal just doesn't give you enough information when there's a complication on your claim.

six weeks is insane. the system really does treat claimants like they dont matter

I do have some emails where my manager actually praised my work just a couple months before they let me go. Would that help my case?

Absolutely save those. Positive performance feedback right before a termination for 'performance issues' is a significant inconsistency that undermines the employer's claim. Reference that in your questionnaire.

Great point about documentation. Also check if your company has an employee handbook - if they didn't follow their own progressive discipline policy before terminating you, that's another factor in your favor.

Really appreciate hearing success stories, thank you. Makes me feel a lot better about my situation.

yeah just make sure you do your weekly certifications every week and answer the EDD questionnaire honestly if you get one. thats basically all you can do while waiting

Under California EDD guidelines, 'attitude problems' would also need to rise to the level of willful misconduct to disqualify you. Simply having a bad attitude, being difficult to work with, or having personality conflicts with management is generally NOT considered misconduct unless it crossed into insubordination with clear deliberate intent. You should be okay as long as there weren't specific documented incidents of you deliberately defying direct orders or harassing coworkers.

Okay that's a relief. My manager and I just didn't get along personally, there was no documented anything. Hopefully that works in my favor.

Interpersonal conflict with a supervisor that leads to termination is actually pretty commonly approved by EDD. You're not alone in this situation and the odds are reasonable in your favor.

wait so basically unless you did something really bad on purpose you probably qualify? thats actually way more reasonable than i expected from the EDD lol

Oh wow I didn't even think about that. Going to log in right now and check. Thank you for the heads up.

Also check your spam folder regularly because sometimes EDD emails end up there. Miss an interview request and it can really slow things down.

seconding this. my adjudication interview call came at like 8:15am on a random Tuesday, no warning. if i had missed it i would have been in serious trouble

That's interesting, so if the employer doesn't respond EDD just approves it?

in my understanding yeah if the employer fails to respond to EDD within the deadline they essentially forfeit their chance to contest and EDD moves forward with the claimant's version of events

This is largely accurate. Employers have a specific window to respond to EDD's employer inquiry. If they miss it, EDD typically proceeds with the information from the claimant.

I really appreciate you sharing this. Good to know the appeals process is an option if it comes to that. How long did the whole thing take start to finish for you?

From initial filing to winning the appeal was about 11 weeks total. Not fun, but I got all the back payments once I won. Stay organized, keep copies of everything.

Same experience here with the appeals process. It's stressful but the CUIAB hearings are actually pretty fair in my experience. The judge listens to both sides and asks questions.

Good information. For anyone who ends up needing to appeal, you have 30 days from the date on your denial notice to file the appeal. Don't miss that window.

The industry itself doesn't really matter - the analysis is always about whether the specific reason for termination constitutes misconduct under California law. A tech worker and a fast food worker would be evaluated under the same standard. The type of misconduct alleged might differ by industry context, but the legal test is the same.

okay cool just wondered if like certain industries lobbied to make it harder for their workers or something lol

Ha, that's not really how it works. Though there are some specific situations that get complicated, like terminations involving professional licenses or certain regulated industries. But the core test is always the same misconduct standard.

Just watched the video, that actually looks pretty straightforward. Going to try it tomorrow morning since I've been completely unable to reach anyone at EDD.

yeah the EDD phone system is basically designed to discourage you from calling. anything that helps people actually get through is a good thing

I didn't realize I needed to be doing job searches already! I've been kind of just waiting to hear back. I'll start tracking my search activities immediately.

Yes start now and document everything - employer name, position applied for, contact method, date. You can use CalJOBS or a simple spreadsheet to track. If EDD ever audits your weekly certifications they'll want to see this.

This is such an important point that gets overlooked. People get approved then get in trouble later for not having job search records. Keep a log from day one.

wait you have to look for jobs even if you want your old job back?? thats weird

Thank you for saying that. It's been a really rough couple of weeks honestly and it helps to hear from people who made it through.

It gets better. Once your claim is approved and payments start coming in the stress level drops a lot. Focus on the job search in the meantime and try not to refresh your myEDD account every five minutes lol

the refreshing myEDD thing is so real lol. i did that constantly

This is really helpful to hear, thank you! Did the interviewer seem like they were looking for a specific answer or just hearing your story?

Honestly she seemed pretty neutral, just gathering facts. She asked me to be specific about whether I had received any prior warnings or disciplinary notices. When I said no she noted that down.

This matches my experience too. The interviewers are generally pretty matter-of-fact, they're not adversarial. Just be honest and specific.

Good outcome! The interview really is key. Being clear and factual rather than emotional makes a big difference.

Yes, technically you can still qualify even if terminated during a probationary period. However, there's a complication: you also need to meet California EDD's base period earnings requirements to qualify at all - you need to have earned enough wages in the base period (generally the first four of the last five completed calendar quarters). If this new job was your only recent employment you might not have enough earnings to establish a claim. But if you worked other jobs in the past 18 months or so those wages count too.

oh interesting, so its not automatically no just because of probation. good to know. the base period thing is new info to me

Right, probationary period is about employment status with that employer, not about EDD eligibility. EDD looks at the misconduct question regardless of whether you were on probation.

This is excellent advice. I wish I had known this before my appeal. I went in not knowing exactly what my employer had claimed and had to do some guessing about what to address.

This whole thread has been incredibly informative. Thank you everyone. I feel like I actually understand the process now and know what to do regardless of which direction this goes.

Good luck! Come back and let us know how it turns out. Threads like this help other people who are searching for the same answers.

Update: I got a call from an EDD interviewer this morning! We talked for about 15 minutes. She asked about my job duties, any prior warnings, and what exactly was said when I was terminated. I was honest and specific about everything. She didn't tell me the outcome but said a decision would be issued within 5-7 business days. Feeling cautiously optimistic. Fingers crossed for both of us!

That's great news!! I hope it goes well. Makes me feel a bit better knowing the interview process seems manageable based on everyone's experience here.

That timeline and process matches exactly what I went through. Strong signs. Keep certifying your weekly claims in the meantime!

Rooting for you! And if you ever need to follow up with EDD and can't get through on the phones, remember Claimyr at claimyr.com has been a lifesaver for people in exactly this situation. Hope you get good news soon.