Can an employer deny unemployment benefits with California EDD?

Thank you this is really helpful. They're claiming I was let go for 'performance issues' but honestly it was a mass layoff, like 40 people got released the same week. Does that matter?

That matters a LOT actually. A mass layoff is considered a lack of work situation which is a valid qualifying reason for UI benefits. Make sure you document this - get names of coworkers who were also let go, any company emails about restructuring, anything that shows it wasn't just you being singled out for performance. Submit that as supporting documentation to EDD.

same thing happened to me last year, employer tried to say i was fired for cause but i got approved anyway because edd looked at all the evidence not just what my ex boss said

wait so if they fire you for being bad at your job you can still get unemployment?? i thought any firing meant no benefits

Common misconception! In California, being fired for poor performance without a willful misconduct element typically still qualifies you for UI benefits. The bar for misconduct that disqualifies you is actually fairly high - things like theft, harassment, intentional insubordination, etc. Just not meeting performance benchmarks usually isn't enough to disqualify a claim.

This is good info. I wish I had known this two years ago when I just assumed I couldn't file after getting fired and never even tried.

I felt this comment in my soul. I was in adjudication for 6 weeks before I finally got a resolution. The waiting is absolutely brutal especially when bills don't stop coming.

6 WEEKS?? I cannot survive 6 weeks without income. How did you finally get it resolved did you just wait it out?

Mostly waited but I also eventually got through to an EDD agent who confirmed they had everything they needed and that my case was just in queue. At least knowing that helped a little. Keep filing your weekly certs no matter what - that part is crucial.

Interesting, I've never heard of this. Did it actually work for getting info about a contested claim specifically?

Yes, the agent I spoke with was able to see my employer's statement and tell me what points they were disputing. That let me prepare a proper response with evidence instead of just guessing what to address. Way more useful than waiting for letters that take forever to arrive.

saving this comment, been trying to reach edd for 2 weeks about my own contested claim

Okay I'm definitely looking into this. Anything to actually talk to a human being at this point.

I actually did receive one of those forms - I filled it out but I kept it pretty brief. Should I have been more detailed? Can I submit additional information now?

You can absolutely contact EDD and ask to provide additional information during the adjudication review period. I'd also suggest writing out a clear timeline - when you were notified of the layoff, who told you, whether others were laid off simultaneously, any documentation you received. The more specific and documented your account is, the better.

Agree with this completely. The EDD adjudicator reviewing your case is going through many claims - the clearer and more organized your information is, the easier it is for them to see the facts support your claim.

Not a dumb question at all. If EDD rules in favor of the employer's position and issues a disqualification, you receive a written Notice of Determination explaining the reason. BUT - and this is important - you have the right to appeal that determination within 30 days. The appeal goes to an Administrative Law Judge hearing where both you and your employer can present evidence. Many disqualifications get overturned at the appeal stage because claimants can actually present their full case.

oh okay so there's an actual hearing? like court-ish?

Pretty much, yes. It's an administrative hearing, not an actual court, but there's a judge, you can present evidence and testimony, and the employer can appear too. Many people represent themselves successfully in these hearings, especially in straightforward layoff situations.

i went through an appeal hearing it was actually way less scary than it sounds, the ALJ was pretty straightforward and just wanted facts

This is really encouraging to hear honestly. I'm worried my employer is going to make up some documentation that didn't exist at the time.

California employers generally have to have contemporaneous documentation - stuff created at the time of events, not after the fact. If you have any performance reviews, emails, or HR communications from before your termination that show no serious concerns were documented, that's valuable evidence.

smart to start gathering all that stuff now before you potentially need it at an appeal hearing

Unfortunately yes, typically once a contest triggers adjudication, payments are held pending the outcome. That's why it's so important to keep filing your weekly certifications throughout the process - once the determination comes through in your favor, EDD will release all the held payments for those weeks you continued to certify. If you stopped filing during adjudication you might not get those weeks back.

oh thank god i kept filing, i almost stopped because i thought there was no point

ALWAYS keep filing weekly certs no matter what is happening with your claim status. This is like the #1 most important thing to know about unemployment.

Seconding this, I was told the same thing by an EDD agent when I called during a different claim year. Never stop certifying.

this is the update i needed to see, submitting my claimyr request right now

So glad it helped! The documentation tip is key - having a specific issue to address is way better than sending in random stuff hoping something sticks.

Okay genuinely relieved to hear this worked for someone. I might try this too since my claim has been sitting with zero updates for 2+ weeks now.

The fax thing is real - faxing documentation to EDD actually gets it into your file faster than mailing in a lot of cases. Random tip but useful.

wait they call you for an interview?? how do you know when they're going to call

EDD typically sends written notice of the interview with a scheduled date and time, but they can also send a Notice of Phone Interview via your UI Online inbox. Make sure your contact information is current and check your UI Online messages daily during adjudication. If you miss the scheduled interview they may reschedule once, but it adds significant delay.

this is why i check ui online every single morning like its my job basically

never thought about it from that angle but it makes sense, explains why huge companies with lawyers contest everything

That actually makes me feel slightly less targeted? Like my employer probably contests every single claim as standard practice rather than specifically going after me.

Exactly. Especially larger employers sometimes have third-party companies they hire specifically to contest unemployment claims on their behalf. It's a whole industry. Nothing personal.

wait what counts as conditions that were bad enough? like what level of bad

California EDD looks at things like significant reduction in pay or hours, unsafe working conditions, documented harassment, substantial change in job duties, etc. The key is documenting that you tried to resolve the issue first - like raised the concern with HR or management - and the situation wasn't fixed. If you just walked out without trying to fix the problem first, EDD views that differently.

This is really useful information that a lot of people don't know. The 'good cause quit' provision has saved a lot of claims.

It is absolutely brutal and I think you're right that people who haven't experienced it just don't get how stressful it is. The combination of financial uncertainty AND bureaucratic uncertainty is uniquely terrible.

Hang in there. This thread has genuinely given me more information and emotional support than anything else I've found online. We're all in the same boat.

Week 5 is rough but you're over the hump in terms of typical timelines. Keep going. Also make sure you have your UI Online set up to receive email or text notifications so you don't miss the determination notice when it comes.

You have 30 days from the mailing date on the Notice of Determination to file an appeal. The appeal form is straightforward - you fill it out explaining why you disagree with the determination. After filing you'll receive a notice scheduling a hearing with an Administrative Law Judge, which can be by phone or in person. The hearings are fairly informal compared to court - the judge guides the conversation and you present your side. You can bring witnesses and documentation.

Is there any benefit to getting a lawyer for an appeal hearing or is it generally manageable without one?

Many people handle appeals without lawyers successfully, especially in straightforward layoff cases. If the circumstances are complicated or significant money is at stake, consulting with an employment attorney doesn't hurt - many offer free initial consultations. Legal aid organizations in California also help with unemployment appeals at no cost if you qualify income-wise.

I did my appeal pro se (representing myself) and won. The key is organizing your documents clearly and staying calm and factual. The ALJ is not your enemy - they genuinely want to find the correct answer based on evidence.

Going to try this today honestly. 5 weeks of staring at 'pending' with no info is enough.

second person in this thread who used it and it worked for me too. got through to someone who explained my adjudication status in about 10 minutes which is more info than i got in 3 weeks of calling on my own

Oh wow I had no idea about this. I've been doing job searching because I actually want to find work but I haven't been logging it formally. Is there a specific way to document?

Yes, you should keep a job search log with employer name, contact method, date, and position applied for. EDD can request this at any time. Many people use a simple spreadsheet. CalJOBS also has a built-in activity log if you use that platform.

wait 3 per week?? i've been doing like 1 a week and thinking that was fine

The standard requirement is 3 job search activities per week in California. Activities can include applying for jobs, attending job fairs, contacting employers, certain resume workshops, etc. Check your award letter or the EDD website for the specific requirements tied to your claim.

This is an incredibly clear summary, thank you. Bookmarking this entire thread.

Good summary. The CUIAB level appeal is definitely a thing - I had a coworker who went all the way there and won after losing at the ALJ level. The system has more safeguards than most people realize.

Super helpful to have this spelled out plainly. The layered appeal process actually gives me more confidence in the system than I had before reading this thread.

CONGRATS!! This is the best possible update. So relieved for you.

Love a resolved thread. Congrats on the approval and thanks for coming back to update - that helps future people who find this via search.

Really glad it worked out. The mass layoff documentation was always going to be your friend in this situation. Congratulations!

This gives me actual hope for my own situation. Thank you for updating and congratulations on the approval.