Can I get unemployment if I'm fired? Just got let go and filing with California EDD

Wait seriously?? So performance issues alone might not disqualify me? That's the first thing that's made me feel better all week. I'm filing tonight.

This is correct. I work in HR and can confirm that California unemployment law draws a clear line between 'misconduct' (disqualifying) and 'unsatisfactory performance' (not necessarily disqualifying). Your employer will be contacted and asked to provide their reason for termination.

yeah but edd still puts it in adjudication when you get fired which takes forever just fyi

Oh wow 5 weeks is a long time. Did you receive back pay for all those weeks once approved?

Yes! Once it was approved they paid out all the weeks I had filed certifications for going back to the start. That's why you HAVE to keep filing weekly even during adjudication, otherwise you lose those weeks permanently.

This exactly happened to me too. The back pay thing is real, don't skip your weekly certifications no matter what.

This is really helpful framing. I was going to write like 3 paragraphs defending myself but maybe less is more?

Definitely less is more in that initial filing. You'll have a chance to submit more detail later if they schedule an interview or request more info. Don't give your employer ammunition to use against you.

Agreed. My cousin wrote way too much on his claim and it actually created more questions. Keep it simple.

I haven't even started trying to call yet but I'm saving this for when I inevitably need it. The EDD phone system has a terrible reputation.

Can confirm Claimyr works, used it last spring. The phone queue was totally impossible on my own.

omg I wish I knew about this when I was dealing with my adjudication situation. Spent 3 weeks calling and getting disconnected every single time

What if my employer lies about what happened? Is there any way to dispute what they tell EDD?

Yes, absolutely. If you're disqualified based on employer statements you disagree with, you have the right to appeal within 30 days of the disqualification notice. You can submit your own documentation, witness statements, whatever supports your version. The appeals process goes through the California Unemployment Insurance Appeals Board (CUIAB).

Appeals are very claimant-friendly in California. Don't be afraid to use that process if needed.

7 weeks is terrifying honestly. Were you working at all during that time or just waiting?

I picked up some gig work here and there but had to report every dollar on my weekly cert which reduced my benefit amount. Still worth it though, better than nothing.

Always always always report any income on your weekly certifications. Hiding it is fraud and not worth the risk of an overpayment notice later.

Thank you for the legal clarification. I knew the bar was high but didn't know the actual legal standard.

Willful or wanton' disregard - okay so basically'I d have to have done something intentionally harmful to my employer. That'doesn t describe my situation atall.

Exactly right. Exactly. File your claim and answer honestly about what happened. The law is more on your side than you probably think.

This 100%. File no matter what. You literally have nothing to lose by applying.

Yeah I'm definitely filing now. This thread has been way more helpful than anything I could find googling around.

I don't have much in writing but I do have some texts that might be relevant. Good to know I should hang onto those.

Screenshots are fine, just make sure they're organized by date so you can reference them quickly if you get an interview call.

Former HR here again - also request a copy of your personnel file from your employer if you can. In California employees generally have the right to review their personnel records.

I mean the answer is more nuanced than that but the end result is roughly accurate for most situations.

yeah whatever same thing

I got fired Thursday so it's been almost a week. Filing tonight for sure after reading all this.

Good. Also as a note, the waiting period was temporarily suspended during COVID but it's back now. So the first week you're eligible is basically just a waiting week with no payment - week 2 onward is when payments start.

Yeah that first week unpaid is annoying but at least it's only one week not two like some other states

California EDD calculates your weekly benefit amount based on your earnings during a 'base period' - typically the first four of the last five completed calendar quarters before you filed. The amount is roughly 60-70% of your average weekly earnings up to a maximum. For 2025 the max weekly benefit amount is around $450.

Oh okay so it depends on your salary. Makes sense I guess

Correct, and you need to have earned enough wages during the base period to qualify at all. Most people who worked a regular job for at least 6 months or so will meet the earnings threshold.

Bookmarked. The pending status screen anxiety sounds extremely real and I haven't even gotten there yet.

It's real. Very real. Having a way to actually get through to EDD is worth so much during that waiting period.

Yes it changes things significantly. Quitting generally disqualifies you unless you can show 'good cause' for quitting - which is defined differently than misconduct. If you quit to avoid being fired, EDD will likely treat it as a voluntary quit without good cause and deny benefits. In most cases it's better to wait and actually be terminated.

Ugh I wish I had known that a year ago when I quit right before I was definitely about to be fired. Lost out on months of benefits probably.

Yeah this is a really important point for anyone reading this. Do not preemptively quit. Let the termination happen.

You can receive severance and still apply for unemployment. However, if your severance is structured as continued wages (meaning your employer is technically treating you as still employed for a period), that can delay when your benefit year starts. If it's a lump sum with no ongoing employment relationship, it generally doesn't affect your EDD eligibility.

interesting. my friend got 2 weeks severance as a lump sum payment

In that case your friend should be fine to file immediately. Lump sum severance typically doesn't affect California EDD eligibility.

Oh I didn't even know about this requirement. So I need to be actively applying to jobs and tracking it?

Exactly. Keep a log with employer name, contact method, position, and date for each contact. You don't submit it every week but you need it available if EDD ever requests it.

Also register with CalJOBS (the state job search site) - EDD requires this and it's one of the things they check.

Tardiness is actually a good example because even repeated tardiness usually isn't considered 'misconduct' under California law unless there were clear written warnings and the employee just completely blew them off anyway. Attendance issues tend to fall under performance/inability to meet standards rather than willful misconduct.

That tracks with what happened in my case. They couldn't show I had been warned enough times in writing.

This is really encouraging honestly. I feel much better about my situation now.

Good call, I'll do that tonight when I file. UI Online is the EDD website portal right?

Yes, UI Online at myedd.edd.ca.gov - that's where you do everything: weekly certifications, check claim status, update payment info, see correspondence from EDD.

Also download the EDD mobile app if you have a smartphone, makes weekly certs way easier

I'm going to file tonight and see what happens. If I hit that wall I'll definitely reach out through Claimyr. Thank you to everyone in this thread, I came in panicking and I'm leaving feeling like I actually have a shot.

You do have a shot. California unemployment law genuinely protects workers in situations like yours. Good luck!

Update us when you find out! Rooting for you.