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Jamal Washington

Can a fired employee collect unemployment in California EDD?

Got let go from my warehouse job last Friday and I'm honestly in shock. My supervisor said I was fired for "not meeting performance standards" but I was never given a written warning, never put on a formal PIP, nothing. Just walked in and they handed me a termination letter. I've been there 4 years. So my question is whether being fired automatically means I can't get unemployment. My coworker told me that if you're fired you don't qualify, but that doesn't sound right to me. I make about $420 a week so I really need to figure this out fast. Has anyone actually been through this and gotten approved after being fired? What happens with the phone interview thing I keep reading about?

Performance standards being "not met" doesn't automatically mean you're out of luck with California EDD. The way it works is that your former employer has to actually show EDD there was misconduct on your part — like you deliberately violated a known rule, something along those lines. Missing a performance target on its own usually isn't that. File right away at https://myedd.edd.ca.gov/ and don't wait around. EDD will schedule a phone interview to hear from both you and your employer, and then they decide.

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So they actually contact my old job too? I didn't realize it was a two-sided thing. Does that mean my employer can block me from getting paid?

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EDD notifies the last employer after you file, and the employer can share their side of the story. But the employer can't just deny the claim — EDD makes the actual call on whether what happened counts as misconduct. File and let the process run.

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My employer tried to fight my claim after a firing and I still got approved. They submitted their info, I submitted mine, and EDD sided with me. File ASAP.

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Your coworker has this backwards — fired doesn't equal automatically disqualified. That's a really common myth. Apply online through myEDD as soon as you can, because your claim starts on the Sunday of the week you apply, not the day you got fired. Every day you wait is a week that might not be covered.

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Wait, so if I apply today (Tuesday) my claim starts from last Sunday, not from when I was actually let go on Friday?

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Exactly right. The benefit year opens on the Sunday of whatever week you file. If Friday the layoff and Tuesday the application are in different calendar weeks, you lose that partial week. File today.

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This is the part that burned me when I got fired a couple years back. I waited almost two weeks thinking I had to get some paperwork together first. Lost those weeks entirely. File now, gather documents after.

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Firing case I had with EDD last spring comes to mind here — the whole thing turned on what happened at my phone interview. The notice they sent me (DE 4800) had the date and time printed right on it, and the same time showed on my UI Online homepage. Used Claimyr (claimyr.com) to get through to an EDD agent beforehand because I had no idea what questions to expect. Claimyr's video on reaching a live person at EDD walked me through what that call looks like: https://youtu.be/JmuwXR7HA10. The agent pulled up my claim and told me my employer had already submitted their statement, and that the interview was specifically about whether the "performance" issue qualified as misconduct under EDD's standard. Agent said both sides get heard and EDD decides after. Ended up getting approved about ten days after the interview.

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That detail about the employer already submitting before the interview is really useful to know. So I should assume they've already told their version by the time I get on that call?

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Not always — timing varies. But my point is don't go into the interview assuming EDD has only your side of the story. Have your facts straight: your four years there, no written warnings, no PIP, the specific words on your termination letter.

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DE 4800 date and time is key. Miss that interview and EDD decides on whatever info they already have, which is usually just the employer's statement. Phone EDD the same day if something comes up.

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DE 1101I is the paper application if you can't get the online one to work, but UI Online at myEDD is definitely the fastest route. Have your Social Security number, your driver's license or state ID number, and your employer's full address ready. For a firing situation, they'll ask for the reason given and your last day — your termination letter is exactly what you need.

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I have the termination letter but it's pretty vague, just says "failure to meet performance expectations." Is that enough or do I need something more specific?

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That vague language actually works in your favor. Vague isn't misconduct. When EDD asks why you were let go, describe exactly what the letter says. Don't speculate about what your employer might add — just give your accurate account.

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Vague termination letters are really common and EDD sees them constantly. Answer the application questions with what you actually know happened. That's all.

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Four years at a job with no written warnings and they fire you for "performance"? EDD is going to have real questions for your employer about this. The burden on the employer is to show actual misconduct, not just that they weren't happy with your work. Performance management failures that the employer never documented tend to go badly for the employer in these cases.

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Agreed, undocumented performance issues are a really weak basis for a misconduct finding. Doesn't mean EDD auto-approves, but four years and nothing in writing gives you a solid position going in.

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Right, and when you do your phone interview, lay out that timeline clearly. Four years, no written discipline, no PIP, then a sudden termination letter. That sequence matters.

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I'm going to write all of this down before the interview. I didn't even think about framing it as a timeline like that.

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Something I noticed nobody mentioned yet — your weekly benefit amount is based on the highest-earning quarter of your base period, not on what you were making right before you were fired. EDD's Unemployment Benefit Calculator on their site can give you a rough estimate. Payments run from $40 to $450 a week in California.

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My pay has been pretty consistent at $420 weekly for the last couple years so I assume my highest quarter would reflect that. But good to know there's a calculator I can use.

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Plug in your quarterly wages from your pay stubs. The estimate won't be exact but it'll give you a ballpark before the DE 429Z comes in the mail.

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DE 429Z came about two weeks after I applied and had my actual weekly amount on it. If anything on it looked wrong I would've had 30 days from the mailing date to appeal it in writing.

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EDD TAKES FOREVER no matter what your situation is so just mentally prepare for a waiting period even after you do everything right. First payment usually takes about three weeks from application, and if there's any adjudication because of the firing, it can stretch longer. Keep certifying every two weeks no matter what because EDD can only pay back weeks that were certified.

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How do I certify if I haven't gotten approval yet? Do I just keep doing it even with a Pending status?

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Yes, certify every two weeks regardless of what UI Online shows. Pending just means EDD is still working on it. If you stop certifying, those weeks are gone even if you eventually get approved.

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Missing certifications when you're in adjudication is brutal. You can win the interview and still lose those weeks. Keep certifying, always.

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For the phone interview itself — the DE 4800 notice will have specific questions listed that EDD plans to ask you. Read through them carefully. The questions are tailored to your specific situation, so they'll probably focus on what you were told about your performance, whether you were warned, what exactly happened leading up to the termination.

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I'm nervous about the interview. What if I say something wrong or they ask something I'm not expecting?

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Just answer honestly and factually. Don't guess at what your employer told EDD. Stick to what you actually know happened during your four years there. The interviewer isn't trying to trip you up — they need both sides' stories.

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Prep your dates. When was the last performance conversation with your supervisor, what exactly was said, what their exact words were on the day of the termination. Concrete details hold up better than general impressions.

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CalJOBS registration is easy to overlook in all this but it's genuinely important. Most claimants have to register and post a resume on caljobs.ca.gov within 21 days of the date on the Notice of Requirement to Register for Work (DE 8405). Missing that deadline can hold up your payments even if everything else is in order.

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I hadn't heard about the CalJOBS requirement at all. Where does that notice come from, does EDD mail it?

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EDD mails the DE 8405 to you after you apply. When it shows up, check the date on it and count 21 days from there. Register at CalJOBS and post your resume before that deadline.

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CalJOBS is free and registration is pretty quick. Post a real resume — you'll need it for work search purposes anyway.

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The waiting week is real and it trips everyone up. Every claim has one unpaid week — the first eligible week you're on unemployment, that week is served but not paid. First time you certify it usually covers the waiting week plus one paid week, so the first payment you get will look smaller than you expected.

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So the very first check is basically half of what I'd normally get in a two-week period?

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Roughly, yes. The waiting week is counted but not paid. After that, two weeks covered means two weeks paid. It doesn't reduce your total — that unpaid first week doesn't come off your 26-week maximum.

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Waiting week surprised me too when I first filed. The DE 429Z explains the maximum benefit amount and how the weeks work if you read through it when it arrives.

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Want to flag one thing I keep seeing people get confused about in firing situations — misconduct in the EDD context is not the same as misconduct in an HR policy sense. Your employer calling the reason "performance" matters less than whether the underlying behavior was something like deliberately breaking a rule you clearly knew about. EDD's standard is their own, not your company's.

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This is a really important distinction. I've seen people assume an HR write-up labeled "misconduct" means EDD will automatically deny them. EDD makes its own determination based on the interview.

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So even if my termination letter said misconduct, EDD wouldn't just take that at face value?

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Exactly. EDD does its own assessment. What your employer puts on a form doesn't decide it — the interview and what both sides describe does.

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Termination paperwork often has a checkbox or category that says "misconduct" and people panic, but EDD agents I've spoken with on my own claim weren't interested in what box was checked. They wanted to know what actually happened, what was said, what the history was.

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That's actually really reassuring. My letter doesn't say misconduct explicitly, it's the vague performance language, but I was still freaked out.

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Vague is better than specific in this context. "Performance expectations" with no documented warnings leaves EDD with a lot of questions for your employer, not for you.

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Applied the day after I got fired from a retail job and had my payment deposited within about three weeks total. Used Money Network card since I didn't set up direct deposit. Payment info updates daily in UI Online if you want to check on it.

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Good to know about the Money Network card — I hadn't set up direct deposit either so I guess that's what I'd get.

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You can change it to direct deposit through myEDD if you want. Either way works, the card is fine.

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Payment information also shows on the EDD phone line at 1-866-333-4606, which runs 24 hours a day if you want to check at odd hours.

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My sister kept telling me I couldn't get unemployment after getting fired and I almost didn't apply. Filed anyway and got approved. The phone interview was the whole thing — I told my side clearly, employer submitted their info, EDD ruled in my favor about six weeks after I applied.

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Six weeks is a while. Were you able to certify during that whole period?

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Certified every two weeks the whole time. When EDD approved me, all those certified weeks were there waiting and they processed the back payments.

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This is exactly why certifying during the wait is so important. If those weeks weren't certified, the back pay would've been gone even with an approval.

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Adjudication is the word EDD uses when they're holding your claim to investigate an eligibility question — in a firing case, that's exactly what happens while they wait for the interview and employer response. Pending weeks in UI Online Claim History are normal while adjudication is open. Doesn't mean denied.

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I keep reading "adjudication" and wasn't sure if it meant I was already in trouble. So it's just the investigation phase?

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Right, it's not a bad sign by itself. It just means EDD is working through the question of whether your firing qualifies as misconduct. Standard process for any firing situation.

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Adjudication can also happen for identity verification issues or missing information, not just firings. But yes, in your situation, the pending status makes total sense.

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Reached out through Ask EDD after my interview and didn't hear back for almost a week. Eventually just called 1-800-300-5616 to get a status update — lines are busy early morning but I had better luck calling right at 8 a.m. on a Tuesday.

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Good tip on the timing. I'll try 8 a.m. if I need to call.

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Also try the live chat from the Help button inside UI Online. That worked for me once — available weekdays 9 a.m. to 2 p.m.

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DE 1080CZ is what lands in your mailbox if EDD decides against you. That's the Notice of Determination and it comes with an Appeal Form (DE 1000M). You'd have 30 days from the mailing date on that notice to appeal in writing. But you're not there yet — file first, go through the interview, and hopefully that notice never comes.

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If I do get denied and appeal, do I have to stop certifying while the appeal goes on?

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Keep certifying through the whole appeal process. If the appeal goes your way, EDD can only pay back weeks that were certified. Stop certifying and those weeks disappear.

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Appeals go to an administrative law judge at the California Unemployment Insurance Appeals Board. The judge holds a hearing, you can represent yourself, and they mail a written decision. Keep certifying right through all of it.

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DE 1101CZ is what EDD mails to your former employer after you file — it notifies them of the claim and gives them 10 days to respond. If they don't respond by that deadline, they don't get a Notice of Determination and they can't appeal EDD's decision. Worth knowing because an employer who doesn't respond leaves EDD with only your version.

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Employers frequently miss that 10-day response window, especially if the termination was handled poorly internally. It doesn't guarantee approval, but it does shift things.

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Exactly — no employer response means EDD works from your account. Still has to meet EDD's eligibility criteria, but you're not fighting a detailed counter-statement.

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My former employer apparently didn't respond in time when I filed after a firing. EDD still did the phone interview with me but there was no employer rebuttal in the system when the agent pulled it up.

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Severance is worth mentioning if your employer offered any. EDD's rules treat severance paid under a company plan differently than your regular wages — it won't disqualify you, but it's still on the list of things to report when you certify. File your claim right away regardless; don't wait to see if severance gets figured out first.

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They didn't offer any severance, so I guess that's one less thing to worry about.

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Good, keeps it straightforward. Wages, last day, reason for separation — that's all EDD needs on the application for your situation.

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Went through almost this exact firing situation eight months ago — four-year tenure, no written warnings, then a termination out of nowhere. During my adjudication period I needed to ask about which weeks were held pending, so I used Claimyr (claimyr.com) to get through to a live EDD agent. The agent told me two specific weeks were flagged pending because the employer response hadn't been filed yet, and that once it came in my interview would be scheduled within a week. Knowing exactly what was holding it up made the wait much easier.

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Knowing the specific reason it was pending would help so much. Right now I'm just staring at "Pending" with no idea what's missing.

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That's the frustrating part — UI Online doesn't tell you why it's pending. Getting an agent to actually explain which step was open was the only way I found out.

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UI Online live chat (Help button, weekdays 9 a.m. to 2 p.m.) sometimes gets you a faster answer than the phone too, depending on the day.

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Taxes catch people off guard after they start collecting — California unemployment benefits are taxable as federal income but exempt from California state income tax. At each certification you can opt to have 10 percent withheld for federal, which saves a lot of pain in April. EDD sends a 1099G each January, and it's also available in UI Online under Payments.

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I had no idea unemployment was federally taxable. I'll opt for withholding so I'm not surprised at tax time.

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Smart move. Easy to forget when you're just trying to get through each month, but future-you will appreciate not owing a lump sum.

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Nobody withholds and then January hits and everyone panics. Opt in on day one.

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Work search requirements kick in once you're approved and certifying — for every two-week period you certify, you have to be able to work, available for work, and actively looking. EDD's pages don't set a specific number of contacts you need, but keeping your own record of where you apply is a good habit. CalJOBS at caljobs.ca.gov is also where most claimants need to register, so keep that account active.

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Do I have to start work search before I'm approved or only after?

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Work search is about each week you certify for. If you're certifying, you need to be actively looking. Approval doesn't change when that obligation starts — it starts with the weeks you're claiming.

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Available for work matters too — if you're on vacation or have something that makes you unavailable during a week you certify for, that's a week you technically can't claim.

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Something that helped me when I got fired and filed: I called 1-800-300-5616 to confirm EDD had received my application, and during that same call I tried Claimyr (claimyr.com) first because I could not get through on my own after thirty minutes on hold. Got through to an agent who confirmed my application was in the system, that the DE 4800 interview notice had already been generated and was in the mail, and I should watch for it within a week. Filed that Monday, interview was two weeks out, payment processed shortly after.

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How long were you waiting to file after getting fired? I'm already two days out and feeling like I'm behind.

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Filed the very next day. Two days is still fine — just go file right now today and your claim week starts from last Sunday regardless.

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Confirming the application went through is worth doing, especially if you filed online and didn't get an obvious confirmation. UI Online should show the claim but calling to verify doesn't hurt.

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