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Natalie Adams

Can I receive unemployment if I get fired? California EDD eligibility explained

So I got let go from my job last Friday and I'm honestly still in shock. I worked at a logistics company for about 2.5 years and my manager called me in and said they were letting me go. They gave me a vague reason about 'performance issues' but I never received any written warnings or a performance improvement plan. I always thought if you get fired you just can't get unemployment benefits but my coworker told me that's not necessarily true in California. I went on the California EDD website and it says something about 'misconduct' being the disqualifying factor but I'm not totally sure if what happened to me counts. I filed my claim yesterday but now I'm sitting here wondering if I even qualify. Has anyone been in this situation? Can I receive unemployment if I get fired for performance reasons vs. actual misconduct? I really need these benefits while I job hunt because I have rent due in three weeks.

Yes you absolutely can receive unemployment if you get fired in California — being fired doesn't automatically disqualify you. The key distinction California EDD makes is whether you were fired for 'misconduct' as legally defined. Things like intentional rule violations, theft, or gross negligence can disqualify you. But being fired for performance issues, inability to do the job, or vague reasons typically does NOT count as misconduct under California UI law. File your claim if you haven't already and be honest when California EDD asks why you were separated.

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That's really helpful, I did already file. So when EDD contacts me about the reason for separation, I should just explain there were no written warnings and it was a surprise termination?

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Exactly. Document everything you can remember — dates, what your manager said, whether you had any prior discipline on record. California EDD will contact your former employer too so just make sure your account is consistent and truthful.

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This is correct. The burden actually falls on the employer to prove misconduct, not on you to prove you didn't commit it. A lot of people don't realize that and get scared off from filing.

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went thru this exact thing last year. fired for 'not meeting expectations' after 3 years and i was so sure i wouldn't qualify. filed anyway and got approved no problem. california edd asked me a few questions about what happened and that was basically it. definitely file if you haven't

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Did they put your claim in adjudication first or did it just get approved right away?

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it went to adjudication for like 2 weeks because any time theres a dispute about why you were fired edd has to investigate both sides. but i got approved after that

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I want to add some practical info here because I went through something similar and the adjudication process confused me so much. When you're fired, California EDD almost always puts the claim into adjudication automatically because they need to determine if the termination involved disqualifying misconduct. This is normal and doesn't mean you're going to be denied. During adjudication, EDD will interview both you and your former employer separately. The whole thing took about 3 weeks for me. In the meantime, keep filing your weekly certifications even while adjudication is pending — if you're approved, you'll get paid for all those weeks retroactively. Don't stop certifying thinking it's pointless while you wait.

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Oh wow I didn't know I needed to keep certifying during adjudication. I'll make sure to do that. Thank you for clarifying.

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seconding this SO HARD. i made the mistake of not certifying during my adjudication period thinking i had to wait and i lost like 3 weeks of benefits. don't make my mistake!!

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same happened to me, lost weeks of money because nobody told me to keep certifying. the edd website should make that way clearer

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Yeah it's one of the most common and costly mistakes people make. The adjudication process and the weekly certification process run completely independently of each other.

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One thing I'd strongly recommend is getting in touch with a California EDD representative directly to understand exactly what's happening with your specific claim once adjudication starts. I know calling EDD feels impossible — I spent days trying and kept hitting busy signals or getting disconnected. I eventually used a service called Claimyr (claimyr.com) that basically holds your place in the phone queue and calls you back when an agent is available. There's a demo video at https://youtu.be/JmuwXR7HA10 if you want to see how it works. I was able to talk to an actual EDD agent who explained exactly what they needed from me during the adjudication review. Made the whole process way less stressful.

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I've been terrified of having to call EDD because everyone says it's impossible to get through. I'll check out that link, thanks.

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the phone situation at EDD is genuinely terrible. been disconnected like 8 times in the last month trying to sort out a different issue. gonna look into claimyr

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Yeah it was a game changer for me honestly. The key is being able to actually talk to someone who can look at your specific claim file rather than just reading generic info online.

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I work in HR and I want to clarify something that trips people up — in California, 'misconduct' for unemployment purposes is a very specific legal standard. It's not just any misbehavior. It generally has to be a willful or wanton disregard for the employer's interests. Simple mistakes, poor performance, inability to meet quotas, personality conflicts — none of those typically rise to the level of misconduct that would disqualify you from UI benefits. Your situation with vague 'performance issues' and no written documentation sounds like a case where you have a strong chance of being approved.

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This is really reassuring. I was so worried because the internet is full of conflicting info. No written warnings at all in 2.5 years makes it sound like they can't really claim misconduct right?

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Correct. Lack of documentation works heavily in your favor. When EDD contacts you, be factual and calm. Mention that you had no prior disciplinary actions and were not given a performance improvement plan. Those are facts that support your case.

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thank you for this! I'm in a similar situation and was told by a friend that if you're fired you NEVER get unemployment. Glad to know thats not true in CA

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ok but what about if they fire you and then claim it was for misconduct after the fact? my cousin got fired and the employer basically lied to edd about the reason and she got denied. is there anything you can do about that

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Yes — that's exactly what the appeals process is for. If you're denied and you believe the employer misrepresented the situation, you have 30 days from the date on the Notice of Determination to file an appeal. Your cousin could have appealed that decision. Many people don't realize denial isn't final.

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she didn't know she could appeal ugh. is it too late now?

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Depends on when the denial was issued. If it's within 30 days she can still appeal. If it's past 30 days she could try filing a late appeal with good cause but that's harder to get accepted. Worth trying though.

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SAME SITUATION here and I just want to say I'm so glad this thread exists. I've been googling 'can I receive unemployment if I get fired' for like two days straight and getting terrified by all the conflicting answers. Filed my claim Monday and already seeing 'adjudication in progress' on my UI Online portal. Trying not to panic.

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Adjudication showing up doesn't mean you're in trouble — it's genuinely standard when there's any kind of disputed separation. Hang in there.

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okay that makes me feel better. I've just been checking my portal every hour like a crazy person

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lol we all do that. the portal anxiety is real. it will update eventually just keep certifying every week

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Make sure when you do your weekly certifications that you're answering the job search questions correctly. California EDD requires you to do 3 job search activities per week and keep records of them. Some people focus so much on the adjudication that they forget about the job search requirement and it creates problems.

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Wait I didn't know I had to do 3 activities per week. What counts as a job search activity?

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Applying for a job counts, attending a job fair, creating or updating a resume on a job board, networking, that kind of thing. EDD has a full list on their website. And technically you should be using CalJOBS to register and log activities too.

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The CalJOBS registration is required — a lot of people miss that step and it can actually pause your payments if EDD asks for verification and you haven't registered.

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just chiming in to say i got fired for 'attitude problems' which is basically nothing lol and still got approved. took about 5 weeks total with adjudication but money showed up. the vagueness of why they fire you sometimes actually helps YOUR case because employer can't document what they can't define

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haha attitude problems, that's pretty vague. good to know vagueness works in our favor

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seriously my manager just didn't like me and they couldn't come up with anything specific. EDD saw right through it

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I had a situation where I was fired and the employer told EDD it was for misconduct but then couldn't provide any documentation to support that claim during the EDD interview. The adjudicator basically told me the employer's account was inconsistent and unverifiable. I got fully approved. My advice is don't be intimidated by the process — if the employer is lying or exaggerating, EDD adjudicators are pretty good at figuring that out when they do the interview.

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This is really encouraging. Did EDD call you or send you written questions?

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They called me. It was like a 20 minute phone interview. The adjudicator asked me to walk through what happened in my own words and asked some specific follow-up questions. Just be calm and stick to the facts.

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20 minutes doesn't sound too bad. I was imagining some huge intimidating process but that seems manageable

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also keep in mind the edd adjudication interview might come without much notice so try to be available on the phone. they called me at kind of a random time and if i had missed it i think it would have delayed things

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Good tip, I'll make sure I have my phone on me and watch for unknown numbers

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yeah i almost missed it. the call came from a weird number too so i almost didnt answer

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Something that really helped me was writing down a clear timeline of my employment before EDD called me — dates of hire, any performance reviews and what they said, exactly what my manager said when I was terminated, any witnesses. Having all that organized meant I wasn't fumbling around during the phone interview trying to remember details.

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That's a really practical tip. I'm going to do this today while everything is still fresh in my memory.

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Do it now! Details fade faster than you think especially when you're stressed. The more specific you can be the better your account sounds to the adjudicator.

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Seconding this. Specificity is credibility. Vague accounts sound less reliable even when they're true.

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does anyone know if your former employer can actually FIGHT your unemployment claim and like actively try to get you denied? or do they just answer edd questions and thats it

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Employers can and do contest claims — they have a financial incentive to because every claim that gets paid affects their UI tax rate. They respond to EDD's inquiry and provide their account of the separation. Larger companies especially often have HR staff dedicated to handling unemployment claims. It's one reason why being thorough and well-documented in your own account matters.

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wow i had no idea employers were that invested in fighting it. good to know

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Yep and some companies use third party services specifically to contest UI claims. Don't let that discourage you though — having an accurate factual account still wins out most of the time when the facts support your case

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Wanted to follow up on the Claimyr recommendation I made earlier — if you do get denied after adjudication, calling EDD quickly to understand exactly why and what your appeal options are is critical since you only have 30 days. That's another situation where actually reaching an agent is really valuable. claimyr.com was how I got through when I needed time-sensitive answers. Seriously saved me a lot of stress.

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30 days goes fast when you're already dealing with everything else. Good to know there's a way to actually reach someone.

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yeah the appeal deadline is not something you want to miss because you couldn't get anyone on the phone

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random question but does it matter what industry you worked in for eligibility? like does EDD treat certain jobs differently

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Generally no — California UI applies across industries. There are some special rules for certain gig workers, domestic workers, and agricultural workers but for standard employment the industry itself doesn't affect basic eligibility.

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ok cool just wondered since i've seen people say things like 'oh you work in hospitality so it's harder' and i didn't know if that was true

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Those kinds of generalizations aren't really accurate. Your eligibility is based on your earnings during the base period and the circumstances of your separation, not your industry.

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THIS THREAD IS SO HELPFUL. I've been scared to even file because I was sure being fired meant automatic denial. I had no idea California EDD looks at whether it was actual misconduct vs just getting let go for vague reasons. Filing today.

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File immediately! Your benefit year starts from the week you file, not the week you were fired. Every week you delay filing is potentially money you can't recover.

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wait seriously?? I've been waiting 2 weeks thinking I needed to figure everything out first

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Unfortunately yes. File now and sort out the details after. You can't backdate a claim beyond the week you file in most situations.

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I got fired for calling in sick too many times and I always assumed that was misconduct. EDD approved me though. The adjudicator noted that calling in sick isn't willful misconduct, especially since I'd contacted my employer each time. Just wanted to share since people might think medical stuff disqualifies them.

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That's really interesting. So even attendance issues can sometimes be approved?

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Depends on the specifics — but yeah if you were following call-in procedures and it wasn't like you were a no-call-no-show type situation, EDD is pretty reasonable about it.

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California actually has fairly employee-friendly UI laws compared to a lot of other states. The misconduct bar is genuinely high.

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update from OP if anyone cares — EDD called me today for my adjudication interview. It went way better than expected. The adjudicator was actually pretty straightforward, asked me to describe what happened, I mentioned no written warnings, no PIP, sudden termination. She said they'd also be contacting my former employer and I should expect a decision within 10-14 business days. Feeling cautiously optimistic now.

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great news!! sounds like it went well. keep certifying every week while you wait

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This gives me hope for when my interview happens. Thanks for updating us!

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10-14 business days sounds about right. Make sure you check UI Online regularly because sometimes the decision letter shows up there before it arrives in the mail

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One more thing worth mentioning — if you're approved, California EDD will pay you 60-70% of your previous weekly earnings up to the current maximum weekly benefit amount. Make sure you understand what your WBA (weekly benefit amount) will be so you can plan your budget. You can see your projected WBA once your claim is processed in UI Online.

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I saw something on UI Online about the base period for calculating benefits but I didn't totally understand it. Is it based on my most recent paychecks?

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It's based on the highest earning quarter of your base period, which is roughly the first 12 of the last 18 months before you filed. So if you had a quarter where you earned significantly more, that's used for the calculation.

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You can also request an alternate base period if the standard one doesn't work well for your situation — worth asking about if your earnings varied a lot

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Checking back in on this thread — OP it sounds like things are moving in the right direction. For anyone else landing here from a Google search wondering 'can I receive unemployment if I get fired' in California, the short answer is YES in many cases, especially when the termination was for performance issues, vague reasons, or anything short of serious intentional misconduct. File your claim, keep certifying weekly, register on CalJOBS, document your job search activities, and if you need to actually talk to an EDD agent at any point check out claimyr.com — there's a walkthrough video at https://youtu.be/JmuwXR7HA10. Don't let fear of the process stop you from claiming benefits you may well be entitled to.

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Thank you to everyone in this thread seriously. Going from total panic to feeling like I actually understand the process now. Will update when I get my determination letter.

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Same, this thread genuinely helped me more than 2 hours of googling. Just filed my claim.

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Good luck everyone. We're all in this together lol

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