Can someone get unemployment if they are fired - California EDD rules explained

Wait so both me AND my employer get interviewed separately? I didn't know that. How do I find out when my interview is scheduled?

The notice EDD sends you is the DE 4800 - it'll have the date and the time printed on it, and that same time shows up on your UI Online homepage. Keep your phone nearby and available at that exact time because that's when the interviewer phones you. If something comes up and you can't make it, contact EDD at least a day before to try to reschedule.

the unequal treatment thing is a really strong point, definitely mention it, i wish i had been more specific in my interview when i went through something similar

How long were your weeks showing pending before you actually got paid after the interview?

Mine moved within about a week of the interview completing - but the agent was pretty clear that it depends on what comes out of the interview and whether EDD needs anything else. No guarantees on timing.

appreciate you sharing that, my situation is a little different but i've been staring at pending weeks too and couldn't figure out what step was actually holding things up

wait does that mean if my employer just doesn't respond to EDD then I win automatically??

Not exactly - EDD makes its decision based on the information it has. If the employer doesn't respond, EDD goes with what it heard from you. That's not the same as an automatic approval - EDD still evaluates your side of the story.

my employer didn't respond to EDD when i filed after being laid off and i still had to do the whole waiting period and certify like normal, so yeah it's not like a magic shortcut

At-will just means they could fire you without a contract reason - it doesn't settle the EDD question at all. EDD still contacts your employer and asks what happened. If the employer can't or won't describe actual misconduct, that works in your favor during the decision. The at-will language on a termination letter means nothing to EDD's process.

okay that actually makes me feel better, i was worried at-will was going to be used as a reason to deny me without any further review

I had the same question honestly, glad someone asked it

Did they give you any indication during the interview of which way they were leaning?

No, the interviewer just asked questions and said EDD would mail a decision. Got a Notice of Determination about two weeks after. It went in my favor - the employer's reason didn't hold up.

two weeks sounds fast actually, mine took closer to three weeks but the outcome was good too

Pretty much, yeah - benefits can't go out until after the interview happens, you've certified, and EDD finishes the decision. That's why people say to file immediately and get the certification clock moving as fast as possible. The wait feels brutal but the pending weeks can pay out once everything clears.

ugh so it could be a month or more of zero income while waiting? that's brutal

Realistically, yes it can be. That's why a lot of people look into CalFresh or 211 for local help in the meantime - both are worth checking out if you're in a tight spot waiting on EDD to finish.

Yeah, that's not accurate - being fired does not automatically bar you from benefits. Your cousin should still file even now. EDD will determine eligibility based on what actually happened, not just the fact of being fired. As long as the benefit year window is still open she can file.

omg okay she is filing today, thank you so much for correcting me i had no idea

happens all the time, people assume fired means denied, please tell her to file asap

You can appeal it. EDD sends you a Notice of Determination and there's an Appeal Form included called the DE 1000M. You have 30 calendar days from the mailing date on that notice to appeal in writing. After that it goes to the California Unemployment Insurance Appeals Board and an administrative law judge holds a hearing. You can represent yourself or bring someone with you - a union rep, an attorney, whoever.

30 days from the mailing date, got it. and you keep certifying during the appeal right so the weeks exist if you win?

Exactly right - keep certifying every two weeks during the appeal. If you win, EDD can only pay the weeks you actually certified for.

this is crucial info i didn't certify during mine and lost like four weeks of back pay, don't make my mistake

From filing to first payment is roughly three to four weeks in a normal case - EDD says about three weeks to process a new application. Add the waiting week that's unpaid at the front, then however long the interview decision takes. If you file fast and the interview goes quickly, some people see money in the fourth or fifth week after filing.

okay four to five weeks is rough but at least now i have something to plan around, thanks

Mine lined up pretty close to that timeline, the waiting week thing caught me off guard though, make sure you know about that

EDD's eligibility rules work the same regardless of company size. What matters is whether you had enough wages in your base period and what the circumstances of the firing were. A small family business still has to respond to EDD and make the case for misconduct just like any other employer.

okay good, i was worried small employers got some kind of pass

if anything small employers are less likely to have HR documentation backing up their firing decisions which can actually work in your favor during the interview

Stick to the facts of what happened and be specific - dates, what was said, who was present. The notice itself lists the questions they're likely to ask, so read through those carefully beforehand. Don't guess or fill in gaps with things you're not sure about. If you don't know something, say you don't know.

the notice actually lists the questions?? i didn't even look at it closely, going to read it again tonight

yes read the whole DE 4800 carefully, it's more useful than people realize

feeling a little less scared now, thank you both

You should get a Notice of Requirement to Register for Work - that's the DE 8405 - and you have 21 days from the date on it to register at caljobs.ca.gov and post a resume. Missing that deadline can pause your payments, so don't sit on it. The registration is separate from the interview timing.

okay i'll check my mail stack for the DE 8405, i may have missed it

I literally just did my CalJOBS registration yesterday, the site walks you through it pretty clearly, wasn't as bad as I expected

EDD does notify the employer - they would have already gotten a DE 1101CZ when you filed, and they get a Notice of Determination too. But there's nothing your employer can do to 'deny' your claim - that's entirely EDD's call. The employer can appeal EDD's decision on their end if they disagree, but that doesn't stop payments to you while they pursue it.

interesting, so they can appeal too but can't just block me, good to know

yeah a lot of people think the employer gets to veto it somehow, they really don't

Separation from a job in the building trades last year had almost this exact issue - my employer characterized it differently than I did on the application. I went through Claimyr to get a live EDD agent on the phone, asked them directly what was showing on my claim, and the agent said the dispute was flagged for the phone interview and both sides would be contacted. Ended up working out because I had text messages from the day it happened documenting what was actually said.

the fact that there's an interview where both sides are contacted actually helps here because I have emails that say the opposite of what my employer is claiming

Save all of that documentation - dates, specific messages. During the phone interview walk the interviewer through the timeline with specifics. EDD weighs both accounts.

No, don't listen to that. An employer contesting a claim doesn't mean you lose - it means EDD will hear from both sides and decide. Your employer cannot determine your eligibility. File, do the interview, let EDD make the actual decision.

i filed anyway but that warning from HR really freaked me out, glad i didn't back down

employers say that stuff all the time to discourage people from even trying, it's manipulative

The weekly benefit amount is based entirely on your wages during your base period - specifically the highest-paid quarter. How you left the job doesn't change the math on the amount at all. The only way a firing affects your claim is whether you're eligible to collect in the first place, not the dollar amount.

oh that makes sense, i wasn't sure if it was like a penalty built into the amount

i wondered this too, glad someone asked

This is reassuring to read, honestly. I'm still in the pending stage but knowing there's a light at the end helps.

keep certifying no matter what, don't stop during the wait

congrats on getting it resolved, posts like this keep me from completely spiraling while mine is still pending

Vacation pay is on EDD's list of wages to report when you certify - you report it for the week it was for, not necessarily when you got paid. EDD will factor it in when deciding that week's payment. It doesn't disqualify you, but report it accurately on your certification.

okay so i report it on the certification for that specific week, not just whenever, got it

the report wages section in UI Online actually helps you sort out exactly which week to attribute different types of pay before you certify, worth looking at

didn't know that was a separate step from certifying, checking it out now

That's close to right - EDD asks the employer to show there was real misconduct, not just a policy violation they decided to call misconduct. No prior documentation of warnings can be meaningful context in your favor during the interview. EDD ultimately decides, but your situation as described sounds like one worth pursuing.

18 months of clean record should be part of my account then, I'll make sure to lay that out clearly in the interview

Bring up the specifics - dates of employment, no prior discipline, the vagueness of what they cited. The more concrete your account, the clearer the picture EDD has to work with.

Five days is pretty early - give it closer to ten days before worrying about the DE 4800. It's mailed to the address you used when filing. While you're waiting, make sure your CalJOBS registration is handled and check your UI Online homepage periodically since the interview time also shows there once it's scheduled.

okay so checking UI Online homepage directly is the way to see it, not just waiting for the mail

both actually - the mail comes but UI Online updates when it's scheduled so you get a heads up there first sometimes

The waiting week is unpaid - there's nothing paid out for it, so there's nothing to pay back from that week specifically. If EDD decides you weren't eligible and you were already paid for other weeks, that could become an overpayment situation on those weeks - but the waiting week itself is never paid out regardless of the outcome.

oh wait the waiting week is never paid at all? i completely misunderstood what that was

Yeah it's just one unpaid week that sits at the front of every claim - it doesn't change how much the claim can pay over time, it's just a week you serve without benefits

I was confused about this too when I first filed, the waiting week thing is not explained super clearly anywhere

File as soon as you're out of work - EDD's own guidance says to apply right away. There's no waiting period before you file. The claim starts on the Sunday of the week you apply, so the sooner you file, the sooner that clock starts.

okay filing today then, no reason to wait

every day you delay is a day you can't get back on the claim, file immediately is always the right call