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Amina Diallo

Can I go on unemployment if I get fired in California?

So I just got let go from my job yesterday and I'm trying to figure out if I can even collect unemployment benefits. My manager called me into the office out of nowhere and said they were letting me go - gave me some vague reason about 'performance issues' but honestly I never got any written warnings or anything documented. I've been at this company for almost 4 years working in logistics coordination and this came completely out of nowhere. I already went to the California EDD website and started a claim but now I'm second-guessing myself because someone told me you can't get unemployment if you get fired. Is that actually true? Like does it matter WHY you got fired? I'm really stressed about this because I have rent due in 3 weeks and I have no idea how long this process takes or whether I'll even qualify. Has anyone been through something like this?

This is actually one of the most common misconceptions about unemployment - being fired does NOT automatically disqualify you from collecting California EDD benefits. The key question is whether you were fired for 'misconduct' as California EDD defines it. If you were let go for performance reasons, downsizing, or something like a personality conflict with management, you can absolutely still qualify. Misconduct in California's eyes means something more serious - like deliberately violating company policy, theft, or repeated insubordination after multiple warnings. The fact that you mentioned no written warnings is actually really relevant here. California EDD will contact your former employer to get their side of the story, so just make sure you're completely honest when you fill out your claim paperwork about why you were separated.

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That's such a relief to hear. So even though the termination letter says 'performance issues' I still have a shot at qualifying?

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Yes, performance issues alone generally don't constitute disqualifying misconduct under California UI law. Just be detailed and accurate when describing the separation on your claim form.

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this is correct - i was fired for 'not meeting performance benchmarks' and still got approved. EDD looks at the whole picture not just what the employer writes on the form

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Yeah you can definitely still file. I got fired about two years ago from a warehouse job and was worried about the same thing. Ended up getting approved no problem. The whole process took maybe 3 weeks from filing to first payment. The thing people don't realize is California EDD has to actually PROVE you committed misconduct to deny you - the burden is kind of on them and your employer to show it was your fault in a meaningful way.

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3 weeks sounds manageable. Did you have to do anything special or just file the regular claim online?

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Just the regular UI Online claim. They sent me a questionnaire about the separation and I answered honestly. That was pretty much it.

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same experience here. filed online, got a questionnaire, answered it, approved. wasnt nearly as complicated as i thought it would be

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To add some practical info here - when you filed your claim on UI Online, there's a section where you describe the reason for separation. For a termination situation you want to select that you were 'discharged/fired' and then in the explanation field give as much honest detail as you can. Mention that there were no prior written warnings, no formal disciplinary process, nothing like that. California EDD will send a Notice of Unemployment Insurance Claim Filed to your former employer and they have 10 days to respond with their version. After that EDD reviews both sides and makes a determination. The whole adjudication process can take anywhere from 3-6 weeks depending on how complicated the separation situation is and how quickly your employer responds. If EDD needs more info they'll mail you a questionnaire or schedule a phone interview - make sure you respond to EVERYTHING promptly because missing a deadline can delay or kill your claim.

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Wait there's a phone interview sometimes? Is that like a formal thing or more of a quick call?

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It depends on the situation. Sometimes it's just a mailed questionnaire you return. If the circumstances are more complex or disputed they might schedule an actual phone interview with a California EDD interviewer. It's not super formal but you do want to be prepared and have your facts straight about your employment timeline, what happened, what was said when you were terminated, etc.

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I had a phone interview for my claim. It was honestly fine, the interviewer was professional and just asked me to explain what happened from my perspective. Wasn't nearly as intimidating as I expected.

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omg I'm terrified of the phone interview thing. Did they record it?? Can they use it against you somehow??

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I want to share something that really helped me when I was in almost this exact situation last year. I got fired and filed with California EDD and everything was going okay until my claim got flagged for adjudication. I needed to actually reach someone at EDD to find out what was going on and I literally could not get through on the phone - kept getting the 'high call volume' message and getting disconnected. A friend told me about a service called Claimyr that basically gets you in line to actually talk to a real California EDD agent without sitting on hold for hours. I was skeptical but I was desperate at that point. Used it and had an agent on the phone within a couple hours. They were able to see exactly what was holding up my claim. You can check it out at claimyr.com - they also have a video showing how it works at https://youtu.be/JmuwXR7HA10 if you want to see before you try it. Not saying you'll need it but if your claim hits a snag and you can't get anyone on the phone, it's genuinely useful.

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I've already tried calling EDD twice and got disconnected both times so honestly this is good to know. Saving that link.

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does that actually work? sounds kinda too good to be true lol

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I know it sounds skeptical but it genuinely worked for me. I think it just puts you in an actual callback queue so EDD calls you instead of you waiting forever. Got my adjudication issue sorted out after talking to the agent.

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I've heard of this too - my coworker used it when her claim was stuck. She said the same thing, got a callback way faster than trying to call herself

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ok wait I'm confused about something. If you get fired is it like automatically flagged for that adjudication thing people keep mentioning? or does adjudication only happen sometimes? because now I'm scared my claim is going to get stuck too and I don't even understand what adjudication means exactly

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Adjudication just means California EDD needs to do a deeper review of something on your claim before approving it. For terminations specifically, most claims do go through at least some level of review because EDD has to evaluate whether misconduct was involved. It doesn't mean you're going to be denied - it just means a human reviewer looks at it instead of it being automatically processed. Don't panic, it's actually normal for fired claims.

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ok that makes more sense. so adjudication isn't the same as being denied or disqualified?

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Correct. Adjudication = under review. Disqualification = denied. Very different outcomes. Plenty of people come out of adjudication fully approved.

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yeah I was in adjudication for almost 5 weeks and came out approved. it's stressful waiting but it doesn't mean anything bad by itself

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One thing I want to flag because I see people miss this - even while your claim is under review or in adjudication you STILL need to be filing your weekly certifications on UI Online every week. A lot of people stop filing because they think there's no point while the claim is pending. But if you get approved, EDD will only pay you for the weeks you actually certified. If you stopped certifying during a 6 week adjudication period you'll have lost 6 weeks of potential benefits. Keep filing every single week no matter what.

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This is SO important thank you. I actually wasn't sure if I should start certifying or wait until I knew if I was approved. Starting this weekend for sure.

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yes this!! I made this mistake my first time and lost like 3 weeks of benefits because I didn't know to keep certifying. please learn from my mistake everyone

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Can confirm this is correct. File your weekly certs every week like clockwork. EDD also has a certification schedule - yours will be either Saturday/Sunday depending on your Social Security number. Check your UI Online account for your specific certification day.

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I work in HR and I see this from the other side - when California EDD contacts an employer about a separation, they ask very specific questions about whether the employee violated a known company policy, whether they were warned, and whether the behavior was willful. If an employer can't clearly answer yes to those questions it's very hard for them to make a successful misconduct case. The absence of documented warnings you mentioned is significant. Companies that fire people without documentation usually can't meet EDD's standard for misconduct. That said I'm not saying your former employer won't try to contest it - just that undocumented performance terminations are generally weak cases for the employer side.

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This is really reassuring coming from someone on the employer side. Thank you for giving that perspective. I genuinely never received any kind of formal warning in writing.

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Document that for yourself. Write down everything you remember about the termination conversation - what was said, who was present, the date and time. If EDD contacts you for an interview that information will be valuable.

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This is great advice. I'd also suggest checking your employee handbook if you have a copy - sometimes there's a progressive discipline policy written in there that the company was supposed to follow and didn't. That could help your case.

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EDD is a NIGHTMARE i was fired 8 months ago and my claim is STILL not fully resolved. they keep sending me letters that contradict each other and when i finally got someone on the phone they told me something completely different from what the letters said. the system is broken and i feel so bad for everyone going through this right now

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8 months is terrifying. Is it still in adjudication or something else is going on?

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it went to adjudication then they issued a partial denial then i appealed and now I'm waiting for an appeal hearing date. it's been a whole saga. hopefully yours goes smoother, most people don't have it this bad

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Sorry you're dealing with that. For what it's worth appeal hearings with the California Unemployment Insurance Appeals Board (CUIAB) do have a decent approval rate for claimants, especially in cases without clear documented misconduct. Hang in there.

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something no one mentioned yet - make sure you have your base period wages figured out because that's what determines how much you'd actually get paid each week if approved. California EDD calculates your weekly benefit amount based on your earnings in a specific 12 month base period. Your maximum weekly benefit amount in California right now maxes out around $450 per week. You can estimate your benefit amount using the calculator on the EDD website before you even get a determination so you know roughly what to expect.

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I didn't even think about that part. I was just focused on whether I'd qualify at all. So the amount varies based on what I was making?

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Yes exactly. Higher earners during the base period get higher weekly benefits up to the state maximum. EDD uses the highest earning quarter in your base period to calculate it. The website calculator gives a pretty good estimate.

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Just a heads up the base period is typically the first four of the last five completed calendar quarters before you filed. So it's not just your most recent pay stubs - it looks further back. The EDD website explains the alternate base period too if your regular base period doesn't work in your favor.

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quick question for anyone - does it matter that i was technically still in a probationary period when i got fired? does that change anything with EDD?

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Probationary period doesn't automatically disqualify you from California UI benefits. The same misconduct analysis still applies. Being fired during probation just means the employer doesn't have to give you as much notice or explanation under some company policies, but it doesn't change the California EDD rules about what counts as disqualifying misconduct.

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ok good because I've been freaking out about that. I was only 60 days into the job when they let me go.

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Also worth noting - for the base period wage calculation, if you only worked 60 days at that job you might not have earned enough wages there to matter. Your benefits would be based on your previous employment earnings. Just make sure you list ALL your employers in the past 18 months when you file.

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just want to say - I was in your exact position about a year and a half ago, fired after 3.5 years with no warnings, spent weeks panicking about whether I'd qualify. Filed honestly, went through adjudication for about 4 weeks, and got approved. Got backpay for all the weeks I certified during adjudication too. It's a stressful process but the outcome for undocumented performance terminations is usually positive. Hang in there.

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Thank you this is genuinely what I needed to hear. Did your employer try to contest it?

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They did respond to EDD's inquiry but apparently whatever they said wasn't enough to establish misconduct. I never saw their response but EDD found in my favor. You might not even know if your employer contests or what they say - EDD just weighs both sides.

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Same experience here. Former employer responded to EDD, I got approved anyway. The bar for misconduct is genuinely high under California UI law.

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I used Claimyr when my fired claim got stuck in adjudication and I seriously can't recommend it enough to anyone in this thread dealing with EDD phone access issues. I spent literally two weeks trying to get through on my own - calling at 8am, calling at different times, trying the callback option, nothing worked. Claimyr got me connected to an actual EDD agent who could pull up my specific file and tell me exactly what was causing the hold. Turned out there was just a missing piece of documentation that was easy to fix once I knew about it. Website is claimyr.com and there's a walkthrough video at https://youtu.be/JmuwXR7HA10 - genuinely wish I'd found it sooner.

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How does it even work? Like do you give them your EDD login or something?

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No nothing like that - it's just a service that gets you into EDD's phone queue in a smarter way so you actually get a callback instead of endlessly calling. You don't hand over any EDD credentials or personal account info.

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ok that actually sounds more legit than I thought. might try it if my claim gets stuck

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one thing to be aware of - your former employer might try to say the reason for firing was something more serious than what they told you. ive seen this happen where the employee was told one thing verbally but the employer reported something different to EDD. if you get a questionnaire from EDD or have a phone interview, stick to exactly what was said to you during the termination conversation and be specific. dates, who said what, exact words if you remember them. don't let a more serious-sounding employer story go unchallenged if it doesn't match your experience

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This is a really good point. I only have the verbal conversation to go by - nothing was put in writing about the reason. Should I get a copy of anything?

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Request a copy of any separation paperwork or termination letter if you haven't already. Also check if your state has a law requiring employers to provide a written reason for termination - California doesn't require it but some employers provide it anyway. If there's anything in writing that contradicts a later EDD statement from the employer that's useful.

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Also check if you signed anything on your last day. Some employers have employees sign separation agreements or acknowledgment forms. Keep copies of anything you signed.

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The job search requirement is something people forget about after filing. Once your California EDD claim is approved you're required to complete a minimum number of job search activities each week and document them. Currently it's 3 job search activities per week in California. You need to keep a record of these in case EDD asks - employer name, date of contact, position applied for, method of contact. You certify that you completed them when you file your weekly claim. If you're not doing this and EDD audits your claim you could face an overpayment situation which is way worse than dealing with the original claim.

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Wait so even once I'm approved I have ongoing requirements every week? I didn't realize it was that involved.

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Yes, it's not a set-it-and-forget-it thing. Every week you certify you confirm you were able to work, available for work, and actively looking for work. The job search activity requirement is real and documented audits do happen, especially if your claim is paid out for a while.

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Also note - if you get a job offer and turn it down for no good reason that can disqualify you. 'Suitable work' has a specific California EDD definition but generally if it's in your field and at reasonable pay you're expected to accept it.

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CalJOBS is also a thing - California EDD may require you to register on the CalJOBS employment portal as part of your claim requirements. Worth checking your approval notice when it comes for any specific requirements attached to your claim.

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sorry if this is a dumb question but - if EDD denies me can i appeal? like is there any recourse or is the initial determination final

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Absolutely not final. If California EDD denies your claim you have 30 days from the mailing date on the determination notice to file an appeal with the California Unemployment Insurance Appeals Board (CUIAB). The appeal is a completely fresh review - you get an actual hearing in front of an Administrative Law Judge where you can present your side, bring documentation, even have a representative or advocate. Many claims that are initially denied get reversed on appeal, especially termination cases without documented misconduct.

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that's really good to know. I was assuming if they said no that was it

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File the appeal if you get denied - DO NOT just accept the denial. I'm in the middle of an appeal right now and it's slower but it's absolutely your right. The initial determination is just one person's review.

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has anyone had an experience where their employer lied to EDD? my situation sounds similar to OP's and I'm worried my former manager is going to make up something to get back at me

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It happens unfortunately. But here's the thing - EDD is experienced at evaluating employer responses and they know companies sometimes try to inflate the misconduct angle. If what the employer claims doesn't match the documented record (or lack of one) it can actually hurt the employer's credibility. Stick to your honest account, be specific and consistent, and if the employer claims something that isn't true that inconsistency can work in your favor.

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I guess I just have to trust the process. Kind of nerve-wracking to know they could say anything.

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If you're denied based on something your employer said that you believe is false, the appeal process is specifically where you can challenge that. At the appeal hearing you can actually present evidence, call witnesses, and directly contradict the employer's account. It's a much more level playing field than the initial determination stage.

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Update on my own situation since this thread helped me a lot when I first found it - I was in the same spot 2 months ago, fired without documentation, stressed about qualifying. Filed honestly, went through adjudication, and just got my approval letter this week. Getting backpay for all 5 weeks of adjudication period too. For anyone reading this later: file the claim, certify every week no matter what, answer every EDD questionnaire honestly and completely, and don't give up if it takes a few weeks. The system is slow but it does work when you have a legitimate case.

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This is so encouraging thank you for coming back to post this update. Really needed to see this today.

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Love seeing these resolution posts. Congrats on getting approved!

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This is the typical trajectory for undocumented performance terminations. Glad it worked out.

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For anyone who gets to the point of needing to talk to an actual human at California EDD - and trust me with a fired claim you probably will need to at some point - the phone situation is genuinely brutal. I tried for 11 days straight to get through. Eventually a family member told me about Claimyr. I was skeptical but I was out of options. Got a callback from an EDD agent the same day I signed up. If you're at the point of desperation with the EDD phone system, claimyr.com is worth checking out. They have a video demo at https://youtu.be/JmuwXR7HA10 that explains how it works. It saved me probably another two weeks of stress.

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I've had two disconnected calls already trying to reach EDD so I'm bookmarking this for when I inevitably need it. Thank you.

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ok third time seeing this recommended in this thread, must actually work lol

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Ha yeah it genuinely made a difference for me. The EDD phone system is just not designed for the volume of people who need to use it. Having a way to actually get through is huge.

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signing up for this if my claim hits adjudication. I cannot deal with the hold music situation

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