Can I still get unemployment if I get fired? California EDD rules explained

nothing intentional, they said i was too slow on certain tasks but i was never written up or told i was close to being let go. does that help my case at all?

it really might. EDD is basically asking your employer to prove you did something wrong, not just that your work wasn't good enough. keep all that in mind when they interview you

unfortunately a claim starts from the week you apply, not from when you were fired. so if you didn't file back then you can't go back and get those weeks now. for future reference always file right away even if you're not sure you'll be approved

ugh that's so frustrating. i literally left months of benefits on the table because i didn't know. i'm going to tell everyone i know to always file

this is actually really helpful, i didn't even think about calling ahead of the interview to get organized. so the interview date shows up on the UI Online homepage?

yeah it's right there on the homepage once EDD schedules it, and also on the DE 4800 notice they mail you. don't miss it, if you do you need to phone EDD that same day

the part about documentation is key. i saved every email and text from my manager in the weeks before my firing and it made a huge difference having that paper trail ready

they handed me a paper that just said 'separation from employment effective immediately' and listed performance as the reason but nothing specific. is that enough?

honestly that vagueness could work in your favor. the more specific the employer gets, the more they can try to prove. 'performance' alone is pretty hard to hang a misconduct finding on

agreed. i went through an interview where my employer said misconduct and when EDD asked them for specifics they basically had nothing. got paid within two weeks of the interview

nothing in my UI Online yet about an interview date, is there usually a delay before they schedule it?

took about two weeks after i filed before i got the DE 4800 notice in the mail. the date and time are on that notice and also show up on the UI Online homepage. keep an eye out for it

and answer the phone when the interviewer calls at that exact time. i know that sounds obvious but i almost missed mine because i didn't recognize the number

wait i thought the appeal was what you did if the employer contested your claim? so the interview always happens?

the interview happens any time there's a question about why you stopped working, like being fired or quitting. the appeal is what comes after a denial if you want to fight the decision. two separate things

ok that actually clears up a lot of confusion i had. i kept seeing the word adjudication and wasn't sure if that was the same as an appeal

ok so right now i'm probably in adjudication since they haven't decided anything yet?

exactly, pending weeks in your Claim History just mean they're still working on eligibility. pretty normal for a fired situation

mine sat pending for almost three weeks after the interview before anything moved. it's annoying but hang in there

this is the accurate version. i've seen people get denied for firings that really shouldn't have been denied, but also people panic-assume they won't qualify and never file. always file

agreed, and EDD mails a Notice of Determination after the interview with their actual ruling. if you disagree you have 30 days from the mailing date to appeal in writing using the form that comes with it

EDD interviews both sides separately and weighs both accounts. if your coworker had evidence, like texts or witnesses, that could have helped her case. if she got a denial she disagreed with, the appeal is exactly the right place to bring that evidence in front of a judge

she didn't appeal because she didn't know she could within 30 days. that's such a shame

the 30 day clock runs from the mailing date on the Notice of Determination, not from when you get it. that's why people miss it, they wait a few days to open mail and think they have more time than they do

i had no idea about this, i didn't get any notice about CalJOBS yet but i just filed a few days ago. i'll keep an eye out for it

it'll come in the mail, it's called the DE 8405. once you get it the 21-day clock starts. caljobs.ca.gov is the site, pretty straightforward to register and upload a resume

EDD does tell you if you don't need to do it, so watch for that too. not everyone gets the CalJOBS requirement

the waiting week is the first eligible week of any claim, and it's unpaid for everyone regardless of why they stopped working. it doesn't affect the total weeks you can collect, just means your first payment covers that unpaid week plus the next paid week

oh ok so i'm not losing a week of benefits, it's already baked into how the claim works?

right, it doesn't reduce what the claim can pay overall. and the first time you certify it usually covers both the waiting week and one paid week together

i was making about $19 an hour at 40 hours a week, is there any way to know roughly what i'd get?

the calculator on EDD's site is honestly the easiest way to get a ballpark. the official number comes on the Notice of Unemployment Insurance Award, that's the DE 429Z. it's not an approval, it just shows what the claim can pay if you're found eligible

did you feel like being in food service made your situation harder? i'm worried the warehouse environment makes my situation look bad somehow

the agent didn't say industry mattered, just that it comes down to what the employer can actually prove. same process for everyone

that tracks with what i went through. the industry doesn't change the standard, it's all about whether the employer can prove misconduct

most people assume the worst and never file. the actual rule is pretty different from what everyone assumes

yeah i have a friend who got fired last year and just assumed she was out of luck. i'm sending her this thread

you get a Notice of Determination in the mail and there's an appeal form included with it, the DE 1000M. you have 30 days from the mailing date on that notice to appeal in writing. it goes to the California Unemployment Insurance Appeals Board and an administrative law judge holds a hearing. you can represent yourself or bring someone, like a union rep or an attorney

and you keep certifying while the appeal is going right? so if you win they can pay the back weeks?

yes, keep certifying every two weeks the whole time. EDD can only pay certified weeks, so stopping means losing those weeks even if you win on appeal

noted, that would be devastating after going through the whole appeal process

it really was. learn from my mistake, certify every two weeks no matter what else is happening with your claim

and certify through UI Online at myEDD if you can, it's the fastest way to make sure weeks get recorded

i have some emails where my supervisor praised my work about two months before the firing. would something like that be useful?

absolutely, that kind of thing directly contradicts a sudden performance-based firing. have dates and details ready if you can reference them

the interviewer is basically trying to understand what actually happened. the more specific and consistent your account is, the better it reads

this is accurate, EDD mails the last employer a notice and they have 10 days to respond from the date on it. if they don't respond they can't appeal EDD's decision. doesn't guarantee approval but it does change the picture

yeah my employer never responded to EDD when i filed a few years back and i was approved without a fight

yeah severance is on the list of things to report during certification but it doesn't automatically block a claim. the original poster should file right away regardless of any separation pay situation

i didn't get any severance, they just cut me off. so at least that's one less thing to worry about

yeah filing right away was the one thing i did correctly in a panic. now i just need to not mess up the interview

prepare your version of events, keep it factual and specific, and have your documentation nearby. and check UI Online regularly so you don't miss the interview date appearing on the homepage

DE 1446UI is filed if you get an overpayment waiver situation later but that's way down the road, don't stress that now. focus on the interview first

the format is basically the same, EDD phones at the time on the DE 4800 and asks about the separation. the difference is what each side needs to show. for a firing EDD is asking the employer to back up misconduct. for a quit EDD is asking you to explain why you had good reason to leave. neither is automatically easy or hard, it depends on the facts

ok that makes sense. so being fired isn't automatically a harder standard, it just changes who carries the weight in the conversation

right, and in both cases the interviewer wants to hear your side clearly and factually. don't overshare but don't leave out details that matter

that's actually a fear of mine, missing something in the mail and not knowing about it until it's too late

checking your Claim History in UI Online regularly helps but sometimes you really do just need to hear from an agent what specifically is holding things up