Can you be denied unemployment if fired in California? My EDD claim situation explained

This is really reassuring. So they actually look at whether it was intentional or not? Because I definitely didn't intend to miss work, I just had no other option that morning.

Yeah California has one of the better unemployment systems for employees in this situation. The burden is actually on the EMPLOYER to prove misconduct, not on you to prove you didn't commit it. That's huge.

this is right, my cousin got fired for attendance and still got approved, edd sided with her

Wait they sent you a questionnaire? I haven't gotten anything like that yet, it's only been two weeks since I filed. Is that normal timing?

Yeah the questionnaire came maybe 3 weeks after I filed. They send it to both you and the employer and compare the answers basically. Just be honest and specific with dates and details.

Same experience here. The written questionnaire step is pretty standard when there's a separation issue. Fill it out thoroughly don't leave anything blank

I've been trying to call EDD for days and keep hitting the 'we cannot take your call' message and getting hung up on. Gonna look into this.

Claimyr worked for me too when I was trying to sort out my adjudication. Got through in about 90 mins which honestly felt miraculous after two weeks of failed attempts

gonna bookmark this for when I inevitably need it lol the EDD phone system is just broken

Six months between the incidents should matter then? Like it shows it wasn't a pattern of behavior?

Exactly. Isolated incidents separated by significant time periods work in your favor. A single warning followed six months later by one more incident with a documented emergency reason is not what EDD considers a 'pattern' of misconduct.

The HR perspective is helpful here. Most employers don't actually win these things when the circumstances are genuine emergencies. They just hope claimants don't respond to the questionnaire properly.

wish i had known this when i got fired 2 years ago i just assumed i wouldnt qualify and never filed

Unfortunately EDD does use misconduct as a category for serious attendance violations too, it's not just limited to things like theft or violence. The difference is WILLFUL misconduct vs just making mistakes. If your attendance situation involved legitimate reasons they may have gotten it wrong - you can appeal a misconduct denial within 30 days of the notice.

its been way more than 30 days I didn't know I could appeal ugh

After 30 days the standard appeal window closes but there are limited circumstances where you can petition for a late appeal. It's worth consulting with a workers' rights organization in your area, some do free consultations.

Oh wow I did NOT know this. I have been filing weekly but I almost stopped because I wasn't sure if I was supposed to. Really glad you mentioned this.

This is so important and EDD doesn't make it clear enough. Always keep filing weekly certifications no matter what your claim status shows.

yes yes yes file every week regardless. the certification clock keeps running even when the decision clock doesn't

Three months in adjudication is genuinely extreme even for EDD. Have you tried Claimyr? claimyr.com - I know it sounds like I'm just throwing solutions at you but after your 200 attempts I really think getting an agent directly could at least tell you WHY it's taking so long. Sometimes claims get flagged for additional verification and just sit there unless you actively push.

I haven't tried that, at this point I'll try literally anything. Does it actually work for cases that have been in limbo this long?

From what I understand yes - the agent can see your whole claim file and tell you if there's something specific causing the delay like an unresolved identity verification or employer dispute. That info alone can tell you what to do next.

Thank you for laying this out so clearly. So even if they initially deny me I still have recourse through the appeals board?

Yes absolutely. The appeals success rate for fired claimants who show up prepared with documentation is actually quite good. The key is responding to every EDD communication promptly, keeping records of everything, and actually showing up to the hearing if it gets to that stage.

This should be pinned at the top of every EDD related forum honestly. The number of people who think fired = automatically denied and don't even bother filing is really sad.

What kind of documentation helped you at the appeals hearing? Like what should I be gathering now?

I had: text messages to my manager from that day showing I notified them, medical urgent care receipt for my kid, my full employment record showing clean history otherwise, a copy of the attendance policy they claimed I violated, and a written timeline of events. The judge actually commented that my documentation was thorough.

This is the move. Start building your documentation file NOW before you even get a decision. Much easier to gather evidence while memories are fresh.

Won at the appeals board too after initial denial. The hearing process is way less scary than it sounds, the judges are pretty fair as long as you have your facts straight

Signing a disciplinary document generally just means you received it, not that you agree with the contents. Your notation disagreeing with it is actually smart and is evidence you disputed the characterization at the time. That can help in an EDD adjudication.

oh thank god I was worried about that

Standard practice is to sign as 'received' not 'agreed.' The fact that you documented your disagreement contemporaneously is actually meaningful evidence.

This is actually really heartening to read. Congratulations on the approval.

Thank you! The questionnaire response was key. I was super detailed and attached my employee handbook copy showing the policy as it was when I was hired vs what they said it became. Evidence matters.

dress code misconduct is such a stretch lol glad you won that

I didn't realize the portal had a messaging feature - I've only been using it to file weekly certs. Is this through UI Online?

Yes through UI Online. Look for the contact or message option. It's not prominently displayed but it's there. Combine that with the phone (or Claimyr if the phone isn't working) and you cover more bases.

Good tip. I've used the portal messaging and phone in parallel before. Sometimes one channel moves faster than the other.

That's a common oversimplification. The actual rule is: if you quit WITHOUT good cause, you're disqualified. If you're fired WITHOUT misconduct, you're generally eligible. Both categories have exceptions - you can potentially get benefits after quitting if you had 'good cause' to leave (like unsafe conditions, significant pay cuts, harassment, etc.). And you can be denied after being fired if EDD determines there was misconduct. It's not as simple as fired=eligible, quit=ineligible.

ohhhh ok that makes way more sense. my neighbor clearly didn't have the full picture lol

This is one of the most common misconceptions about California EDD. Glad it got clarified in this thread.

The not knowing is genuinely the worst part. At least if I know what's happening I can do something about it.

Exactly. Uncertainty is its own kind of torture. The agent couldn't speed up the process necessarily but knowing 'your claim is in step X waiting for Y' gave me something to work with.

Trying Claimyr today. Three months of nothing, I need a human to tell me what's going on with my claim at this point.

I'm glad I filed right away then. The worst case of waiting to file is losing backdatable weeks right?

Exactly. Your benefit year starts from your filing date, not your last day of work. Every week you delay is a week you can't recover. File immediately, file weekly, don't stop unless explicitly told to.

This needs to be said louder. File first, ask questions second. The filing itself costs you nothing.

That is not correct. Probationary status does not affect your California EDD eligibility. You need to meet the base period wage requirements (earned enough wages in a specific 12-month period) and meet the separation criteria (not misconduct), but being on probation has no bearing on that. You might still be able to file if it's been less than a year since your termination - check the EDD website about base period calculations.

It's been 8 months since I was let go. Is it too late to do anything?

You have up to one year after the start of your benefit year to backfile in some limited circumstances, but this gets complicated quickly. I'd seriously recommend calling EDD directly - or using Claimyr at claimyr.com to actually get through - because your specific base period wages will determine if it's worth filing now. Don't just write it off without asking.

This is such a practical tip thank you. So don't just answer the bare minimum of what they ask?

Right. Think of the questionnaire as your one written opportunity to tell your full story. The adjudicator may never call you, the form might be all they review. So be thorough: dates, what was communicated, what documentation exists, your entire relevant history.

Confirming this is good advice. My first appeal I gave minimal answers and got denied. Second time (different job, years later) I wrote paragraphs and won without even needing a hearing.

The employer is sent their own questionnaire and they're informed you also provided a statement, but they don't receive the verbatim text of your responses during the initial adjudication phase. If it goes to an appeal hearing, both parties have access to submitted documentation through the discovery process. During initial adjudication EDD keeps the specifics of each party's statement somewhat separate.

Ok that's less scary than I thought. I was worried about saying things that would like get back to them.

Be honest in your responses regardless. Inconsistencies between what you tell EDD and what you'd say in an appeal hearing cause bigger problems than anything your employer might see.