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Lucas Parker

Can a person get unemployment if they are fired? California EDD rules explained

Got let go from my warehouse job last Friday and I'm trying to figure out where I even stand. My supervisor said I was fired for 'performance issues' but honestly the whole situation feels really gray - I was struggling after a family emergency messed up my schedule for a few weeks and my numbers dropped. Never been fired before in 15 years of working so I have no idea how this works. Main question is can a person get unemployment if they are fired in California? My coworker told me I'm automatically disqualified if I got fired but that doesn't sound right to me. I went ahead and filed online through myEDD yesterday just in case, but I'm genuinely scared I just wasted my time. The weekly benefit I'd be getting would really matter right now - probably around $380 based on what I was making. Anyone dealt with a firing situation and still gotten approved?

Termination flag on my claim got cleared after the phone interview, so let me tell you what actually happened. EDD scheduled an interview because I'd been let go, and I used Claimyr (claimyr.com) to get through to an agent beforehand because I had no idea what to expect - basically I ended up talking to a live EDD agent who walked me through what the interview process looks like. She pulled up my claim and said the interview was set, the date and time were on the DE 4800 notice EDD was mailing me, and that the same date and time would show on my UI Online homepage. She told me to keep my phone nearby the whole morning of the interview since the interviewer phones at that scheduled time. The video on how to reach a live person at EDD that Claimyr put together is at https://youtu.be/JmuwXR7HA10 if that helps anyone who needs to get through before their own interview. For what it's worth, your coworker is wrong about automatic disqualification - being fired doesn't end it right there, EDD looks at whether there was actual misconduct involved.

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Really glad you posted this. So the interview is what decides everything? I'm watching my UI Online homepage now waiting for a date to show up.

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The DE 4800 notice in the mail will have it, and yeah your homepage in UI Online will show it too. Keep checking both. When the interviewer phones at that time, answer and be ready to explain your side clearly.

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My DE 4800 came about a week after I filed. The interview date on mine was about 10 days out from when the letter arrived, so there was some time to prepare at least.

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Fourteen years in HR before I got laid off myself, so firing situations are something I know pretty well from both sides. The way EDD looks at it - getting fired doesn't automatically disqualify you, what matters is whether the reason counts as misconduct. EDD's standard is roughly that your employer has to show you did something intentional or deliberately wrong, not just that your performance slipped or you made mistakes. A family emergency tanking your numbers for a few weeks sounds more like a rough patch than something willful. During your phone interview you'll get to explain your side, and the employer gives their side too. EDD weighs both and decides.

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That's actually really reassuring to hear from someone who was in HR. I was planning to explain the family situation during the interview - should I have any kind of documentation?

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Bring whatever you have - texts, any emails from that period, anything that shows the timeline of what was happening. You're not in a courtroom but having specifics helps you tell a clear story. Dates matter a lot.

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the HR perspective is super useful here, most people including me had no idea firing wasn't automatic denial until I went through it myself

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This is the part that trips everyone up. People hear 'fired' and assume it's over. The word misconduct is key and it has a specific meaning to EDD, it's not just any reason an employer decides to let someone go.

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FOUR YEARS AGO I got fired and assumed I had zero shot at unemployment. Didn't even bother filing. Found out months later my friend in almost the identical situation got approved because she actually went through the process. I could kick myself. FILE. Even if you're unsure, file because EDD is the one who decides, not your former employer and not your coworker giving you secondhand info. Your employer cannot just deny your claim - EDD makes that call after they hear from both sides.

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Already filed the day after I got let go so at least I did that part right. The uncertainty in between is what's killing me.

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The waiting is brutal, not going to sugarcoat it. But you did the right thing filing fast. The claim starts from the Sunday of the week you apply so every day you delay costs you.

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Preach. So many people miss out just because they assumed they were automatically out. EDD's job is literally to investigate and decide, your old employer doesn't get a veto.

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The misconduct piece got explained to me by an EDD agent when my claim was under review - performance issues by themselves generally aren't what EDD considers misconduct. Misconduct in EDD's world is more about intentional bad behavior, something you chose to do that violated your duties. Struggling because of a personal emergency and having your numbers drop is a very different thing than, say, stealing or deliberately ignoring safety rules. Your situation sounds like it falls on the right side of that line.

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That distinction is exactly what I needed to understand. My supervisor kept using the word 'performance' in the termination meeting which I guess is actually good for me in terms of how EDD sees it?

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Performance language in a termination actually tends to work in a claimant's favor in these situations, yes. The employer still has to show misconduct to block your claim, and 'performance issues' isn't the same thing.

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wait so if someone gets fired for being late too many times is that misconduct? asking for a situation i know

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That's exactly the kind of thing EDD decides after the interview - it depends on the specific circumstances, what the employer's policy was, whether warnings were given, all of that. No one here can call that one, that's what the interview is for.

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Something my claim went through that might be useful - when there's a question about why you left your job, your weeks in UI Online show as Pending until EDD finishes the phone interview and decides. Don't freak out seeing Pending everywhere, that's just how it looks while the eligibility question is open. You'll probably see it for all the weeks you've certified so far.

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Mine already shows Pending and I haven't even had the interview yet. Good to know that's normal and not a sign they already said no.

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Completely normal at that stage. Pending just means EDD hasn't made the call yet, not that they're leaning either way. The determination comes after the interview.

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i was losing my mind over the pending status for two weeks thinking it meant something bad. wish someone had told me this sooner

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Before my interview I was a complete wreck and kept trying to call EDD to ask questions about how it would go. The hold times were insane, I'd get to hold music and then get disconnected after 45 minutes. Eventually got through using Claimyr - ended up talking to an agent who confirmed my interview was scheduled and explained that for fired situations both I and my former employer would each tell our side. That helped me prepare so much better than going in blind.

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How long did your whole thing take from interview to actually getting a decision?

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My interview was about 20 minutes, then I got the Notice of Determination in the mail about two weeks after that. Approved. The pending weeks all paid out once the determination came through.

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Two weeks after the interview sounds about right for the determination. Mine was similar - approved for a firing situation where the employer claimed misconduct but EDD decided it didn't meet that bar.

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Real talk about the interview itself since nobody mentioned the actual preparation part. EDD is going to ask you specifically about the final incident or incidents that led to the firing. They'll want dates, what happened, what your supervisor said. Write it all down before the interview so you're not fumbling. For a performance-related termination connected to a family emergency you want to be able to explain the timeline clearly - when the emergency happened, how it affected your work, whether you told your employer about it at the time.

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I actually did talk to my supervisor about what was going on at the time. Would it help that the company knew about the family situation and still let the performance keep sliding before firing me?

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Tell EDD exactly that during the interview. The fact that they were aware of your circumstances and didn't work with you is relevant context. Just stick to facts and dates, not opinions about whether it was fair.

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This is solid advice. Clear timeline, specific dates, what was communicated to the employer and when. That's what gives EDD something concrete to evaluate.

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my cousin told me if u get fired u can never get unemployment in california lol. definitely not true i know like three people who got approved after getting fired. your coworker is just as wrong as my cousin was

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The 'fired means disqualified' myth is SO widespread. It's been said in this thread a few times now but it genuinely cannot be said enough - EDD decides, not whoever fired you, and not what your coworker heard somewhere.

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right like i believed my cousin and almost didn't file. would've been such a mistake

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Went through a firing situation eight months ago and got approved. The key thing nobody told me beforehand was to keep certifying every two weeks even while everything is pending. EDD can only pay you for weeks you've certified - if the determination comes back in your favor and you haven't been certifying, you've got nothing to get paid for those weeks.

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Oh this is crucial - I had no idea I was supposed to certify during the pending period. When does the first certification happen?

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EDD will send you a notice about when to start certifying, usually around two weeks after they process your application. Do it in UI Online, it's the fastest. And yes, keep going every two weeks even if everything says pending.

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Cannot stress this enough. Certify every single period even if the status looks frozen. Those pending weeks can all pay at once when the decision lands but only if they were certified.

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The work search requirement kicks in right away even while your firing is under review and everything is pending. For every week you're certifying you need to be actively looking for work. EDD doesn't give a number of contacts you have to make on their pages but keeping your own record of where you've applied is just a smart habit. CalJOBS registration is also something most claimants need to do within 21 days of getting the notice about it - that's the DE 8405 - so watch for that in your mail too.

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I hadn't even thought about CalJOBS yet. So I register on the CalJOBS site and post a resume there?

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Yes, caljobs.ca.gov - register and get your resume posted within that 21-day window on the DE 8405. Missing it can hold up payments even if your firing situation gets resolved in your favor.

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The CalJOBS thing tripped me up my first time on unemployment, not on a firing situation but just in general. Definitely don't sleep on that deadline.

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Employer response timing matters more than people realize. After you file, EDD mails your old employer a notice and they have 10 days to respond from the date on it. If they don't respond within that window they lose their ability to appeal EDD's decision. Doesn't mean EDD automatically sides with you, but an employer who doesn't engage with the process can't come back later to fight the decision if EDD rules in your favor.

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Interesting - so there's a window where my former employer has to respond? Do I find out what they said?

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EDD considers both sides but doesn't typically share the employer's exact response with you. What you will get is the Notice of Determination which tells you EDD's decision and the reasoning.

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The employer response thing is real. I've seen termination cases where the employer didn't engage at all and EDD proceeded with the information available. Document your own side thoroughly either way.

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DE 429Z came in my mail a couple weeks after I filed and I nearly had a heart attack thinking it was a denial - it's actually the award notice that shows what your weekly benefit amount would be if you're found eligible. It's based on your earnings in the base period, specifically your highest paid quarter, and EDD calculates it. The range goes from $40 to $450 a week in California. If the amount looks wrong to you, you've got 30 days from the mailing date to appeal it in writing.

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Mine should be arriving soon then. And the DE 429Z showing up doesn't mean I've been approved for the firing situation specifically, just that there's a potential benefit amount on file?

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Exactly right. The DE 429Z is basically EDD saying 'here's what your claim could pay' - the actual eligibility question for your firing situation gets decided separately after the interview. Two different things happening at the same time.

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i thought the award notice meant i was approved and was so confused when things still showed pending. good clarification

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Twenty-two days since my interview and still waiting on my determination. How long does this usually take? Starting to think something went wrong or they lost my information. The agent I talked to through Claimyr told me the interview notes had been submitted and to expect the Notice of Determination in the mail, and that if I disagreed with whatever they decided I had 30 days from the mailing date to appeal using the form that comes with it. Still just... waiting.

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The wait after the interview is genuinely one of the harder parts. Processing time varies. Keep certifying and checking UI Online - when the decision hits it usually shows up there around the same time the letter goes in the mail.

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22 days isn't necessarily a red flag, these decisions don't all move at the same speed. If it stretches past a month you might want to reach out to EDD through the message option in your UI Online account to ask about the status.

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Something I want to flag for anyone reading this later - severance pay from a former employer is still something you report when certifying even though EDD has said it generally doesn't disqualify you from benefits when it's paid under a company plan. The rule is you report it and EDD decides how it factors in. Don't skip reporting it thinking it'll mess up your claim. Not reporting something you should have is a much bigger problem than the thing itself.

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They gave me two weeks of severance as part of the termination. So I report that when I certify?

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Report it for the week or weeks it was earned, that's the rule - when it was earned, not when it hits your bank account. EDD handles the calculation from there.

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Good thing to flag. EDD's list of things to report is longer than most people expect - severance, vacation pay, any part-time work you pick up, all of it gets reported and EDD does the math.

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Appeals exist if EDD decides against you - just want people to know that a denial isn't the end of the road. You get a Notice of Determination with an Appeal Form, the DE 1000M, included, and you have 30 days from the mailing date on that notice to send in your appeal. The appeal goes to an administrative law judge, not back to EDD. You can represent yourself or bring someone with you - a union rep if you have one, or even an attorney.

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Good to know there's a next step if it goes wrong. Have you seen people win appeals on firing situations?

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Appeals for misconduct determinations do get reversed when the claimant can show the evidence doesn't support what the employer claimed. No guarantees but it's absolutely worth pursuing if you believe the decision is wrong. The hearing is under oath and you get to present your full case.

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The 30 day clock on the appeal is strict. If you get a denial, don't sit on it. Even if you're upset or confused, get that appeal filed.

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Just want to push back gently on something mentioned earlier in this thread. Someone said the employer 'has to prove' misconduct - that's roughly right but I want to be precise since I went through an appeal myself. EDD investigates by getting both sides, the burden isn't like a court trial. EDD weighs what both parties say and applies its own standard. If you don't participate in the interview, they decide with what they have. If your employer says something you disagree with, the interview and appeal are where you counter it.

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Fair correction. It's less adversarial than the word 'burden' implies. EDD is doing a fact-finding process, not a trial. Both sides get heard and EDD makes a judgment call based on the information it collects.

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Exactly - and if you get to an appeal, the administrative law judge is the one listening to both sides under oath. That's closer to a formal proceeding. But the initial determination stage is really just EDD gathering information.

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Benefits being taxable at the federal level but not in California is something a lot of people don't find out until January when the 1099G shows up. If you don't want a surprise tax bill, you can choose 10% federal withholding when you certify each period. EDD makes it an option in the certification questions. California won't tax the benefits but the federal government does.

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nobody told me this my first time on unemployment and i owed at tax time. wish i had known

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It's one of those things EDD gives you the option to handle upfront but doesn't exactly advertise loudly. The 1099G is in UI Online under the Payments section by January 31 each year if you go paperless.

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Setting a mental reminder to elect that withholding once I'm actually getting paid. Thanks for the heads up.

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Waiting week thing tripped me up completely when I first filed. The first week of an eligible claim is an unpaid waiting period - you certify it, it counts, but you don't get paid for it. The first certification period usually covers the waiting week plus one paid week. So the first actual payment you get is for one week, not two, even though you certified two. It's not an error or a problem, it's just how every California unemployment claim works.

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So week one is the waiting week and week two is the first actual payment? Just want to make sure I'm reading that right.

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That's it. And the waiting week still has to be certified, it's just unpaid. EDD doesn't count it against your total weeks of benefits either - you still get the full 26 weeks of paid benefits on top of it.

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Mine came in and I thought they'd shorted me by a week. Took me a bit to figure out the waiting week thing. Definitely not a mistake on EDD's part.

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Direct deposit setup in myEDD - worth doing early if you haven't already. The default is a Money Network prepaid debit card but if you have a bank account you prefer, you can set up direct deposit through your myEDD account settings. Payment information updates daily in UI Online and you can also check anytime at 1-866-333-4606 which runs 24 hours.

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I haven't set up direct deposit yet - is there a deadline or can I change it partway through the claim?

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You can change it at any point through myEDD, no deadline. Just keep in mind it might take a pay cycle to fully switch over so if you want it from the first payment, do it sooner rather than later.

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Six weeks into dealing with a firing situation on my own claim right now. Had my interview last week and the interviewer asked specifically about whether I'd received any warnings before the termination and whether I had a chance to respond to the performance concerns. Really specific questions. Just want you to know the interview isn't as scary as I built it up to be in my head - it's a phone call, they ask questions, you answer honestly.

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How long did the actual call last?

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About 25 minutes for me. They go through their questions methodically. I had my notes in front of me and that helped a lot. Just be honest and specific about what happened.

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The warnings question comes up a lot in firing situations from what I've seen here. If there were progressive discipline steps the employer claims they followed and you weren't actually warned, that's something to address clearly.

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Covered California is worth looking into for health coverage while this is all sorting out - losing a job is a qualifying life event that lets you enroll outside the regular window. COBRA is another option to keep your previous employer's plan going. Neither is cheap but losing your job and your insurance at the same time is a lot to handle, so wanted to mention it. EDD's own resource list includes both of those options.

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Health insurance has been stressing me out almost as much as the unemployment question. Good to know losing the job itself counts as a qualifying event for Covered California.

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Yes, job loss opens a special enrollment window so you don't have to wait until the annual open enrollment period. Medi-Cal through BenefitsCal is worth checking too depending on your income situation right now.

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CalFresh is also on EDD's resource list - unemployment benefits count as income for the application so you can apply even while receiving them, eligibility is based on your total income situation.

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Random thing I thought of reading this thread - CalFresh while on unemployment is totally possible. The state's own FAQ says you can be on unemployment and still qualify as long as your income is within their limits. Unemployment benefits count as income when you apply so you report them, but that doesn't mean you won't qualify. Apply through BenefitsCal or call 1-877-847-3663. With a weekly benefit of $380 it might be worth checking your situation.

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Hadn't even thought about CalFresh as an option. Is the application complicated?

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BenefitsCal walks you through it online. Income, household size, expenses - the county handles the determination. Worth a few minutes to find out where you stand.

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