Can you claim unemployment if you get fired in California? EDD eligibility explained

This is really reassuring, thank you. I was so sure I was just out of luck. So when EDD contacts me about the separation, I just explain that there were no written warnings?

Exactly. Be factual and specific. Mention the lack of written documentation, no performance improvement plan, no prior disciplinary action. EDD will contact your former employer too and ask for their version. If the employer claims misconduct, EDD will schedule an interview with you to hear both sides before making a determination. Just stick to the facts.

This happened to me too last year, fired for 'performance' and still got approved. The process takes a few weeks but it worked out.

Wait there's a questionnaire? I didn't get anything like that yet. How long does it usually take for them to send it?

Usually within 1-2 weeks of filing. Keep checking your UI Online inbox and also watch your actual mail - EDD sometimes sends physical letters too. The online questionnaire is called a Notice of Unemployment Insurance Claim Filed (DE 1101CZ) or sometimes a phone interview gets scheduled instead. Either way respond fast.

yes definitely watch your mail!! I missed a letter once and it set my whole claim back like 3 weeks it was so frustrating

Oh wow I didn't know that was a thing. I've been dreading having to call EDD because everyone says it's impossible to get through. Good to know there's an option if I need to talk to someone.

lol good luck calling EDD normally, I tried for like 4 days straight before giving up

I've heard of Claimyr before, does it actually work? Seems too good to be true tbh

It worked for me, that's all I can say for sure. I was pretty skeptical too but I was desperate at that point. The video on their site shows the whole process if you want to check it out before deciding anything.

Good question. Repeated tardiness CAN potentially be considered misconduct if the employer gave you clear warnings and you kept doing it anyway. The pattern of behavior + documented warnings is what makes the difference. But even then it's not automatic - EDD weighs all the evidence. It's genuinely case by case.

ohhhh okay so like the warnings thing is really the key part. that makes more sense now

Right. Think of it this way - California EDD is trying to determine whether the employee brought the firing on themselves through intentional bad behavior, or whether it was just a performance gap or employer decision. The latter typically qualifies, the former typically doesn't.

How likely is it that a company contests a claim? This is making me nervous again lol

Honestly varies a lot. Small companies often don't bother. Bigger companies sometimes contest everything automatically. But even if they do, winning is absolutely possible especially in a case like yours with no documented warnings. I contested one myself and won after the EDD phone interview.

my former employer contested mine and I STILL got approved. the EDD interviewer was actually pretty fair about it

I feel you so much. The phone situation is genuinely terrible. Did you try Claimyr? That's what finally broke through for me when I was stuck in adjudication limbo - claimyr.com has a video showing how it works (https://youtu.be/JmuwXR7HA10). I know it sounds weird but it got me to an actual agent when nothing else was working.

at this point I'll try literally anything. two months with no payment and no real information is just cruel. going to check that out right now

adjudication taking 2 months seems really long, is that normal?? mine has been 3 weeks and I'm already losing my mind

30 days from the mail date, got it. I really hope it doesn't come to that but good to know the appeals option exists.

can you appeal even if your employer already gave their side and EDD sided with them?

Yes absolutely. The appeal is a completely new proceeding. The judge will review all the evidence again and both sides can present their case. You can also submit new evidence at the appeal that wasn't part of the original determination.

I won my appeal after being denied initially! The process took like 6 weeks but the judge was really thorough and actually listened

Probationary period doesn't automatically disqualify you either. The same misconduct standard applies. However, with only 6 weeks of work at that employer, the wages from that job might not contribute much to the benefit calculation. EDD looks at wages earned in a 12-month base period so wages from previous jobs would count too.

oh interesting, so the wages from before that job still count? that's actually helpful to know

Yeah the base period wage calculation is separate from the eligibility question. You could technically have worked at a job for one week, get fired for non-misconduct reasons, and still qualify based on wages from your previous employers in the base period.

Oh I did get that ID.me email actually! I verified it the same day I filed. So that part should be okay.

Great, that's one less thing to worry about. It's a big deal - I've seen people wait weeks not knowing their claim was just sitting there because of an unverified identity.

I wish someone had told me about ID.me when I filed. I didn't verify for like 10 days and I think that's part of why my claim got complicated

Wait even while my claim is still in adjudication and I'm not receiving payments yet, I still need to be doing job searches?

Yes. The job search requirement starts from when you're eligible to file weekly certifications, which is basically right away after filing your initial claim. If you eventually get approved and payments are backdated to cover the adjudication period, EDD can ask whether you were conducting job searches during those weeks.

This is correct and an important point. Use a simple spreadsheet to track your searches. Include the company name, position title, how you applied (website, in person, email), and the date. This covers you if your job search activity is ever questioned.

Thanks for sharing that, it really does help to hear people got through it. 5 weeks is a long time though...

It felt like forever honestly. The worst part was having no idea where things stood. I eventually got through to an EDD agent and she told me the case was just queued and nothing was actually wrong with it. Total relief but so stressful not knowing.

not knowing is the absolute worst part of this whole process. at least if they told you what was happening you could plan

Yeah I'm definitely going to be straightforward about everything. I don't want to overstate things but I also want to make sure I explain the lack of any documentation properly.

yeah just stick to facts and don't speculate about why they really fired you, just say what actually happened and what warnings you did or didn't receive

I used it after seeing the earlier comment in this thread and I did get connected to an agent. Found out my claim just needed a specific form resubmitted. Would not have known that without talking to someone.

ok that's actually a solid recommendation then if two people in the same thread had it work for them

does it work for like general questions or only specific situations? mine is just a regular new claim not a complicated one

I didn't even know you could dispute the benefit amount calculation. Where do I find my pay stubs to compare - my employer used an online portal, will those still be accessible now that I'm terminated?

Good question - usually yes, employer portals stay accessible for a period after termination but not always. If you need pay stubs and can't access the portal, you can request them directly from HR or payroll. You can also check your own tax records (W-2s, prior returns) as a reference point.

Also your paystubs from the last year should match up with EDD's wage records. EDD gets quarterly wage reports from employers so they should have accurate numbers, but mistakes do happen occasionally especially if employers filed late corrections.

That's really interesting context, I didn't think about it from the employer's side at all.

Yeah it's not the adversarial process people imagine. EDD makes an independent determination. The employer can provide information but they don't control the outcome.

This is a good point. I think people sometimes don't file because they assume the employer 'wins' but that's not how California EDD works at all.

So glad you got an update!! That must be such a relief to at least know it's moving. Fingers crossed for both of us.

Late employer responses causing delays is so common and so annoying. None of that is the claimant's fault but we're the ones suffering the consequences.

Keep us posted!! Hope yours gets resolved soon too OP

This is an incredible summary, thank you so much. Bookmarking this whole thread. I'll try to come back and update once I get my determination.

Good luck OP. Based on what you described - no written warnings, no PIP, sudden termination citing vague 'performance issues' - your situation sounds like a solid case for approval. Just be thorough and honest in all your responses to EDD.

great thread, saving this for my roommate who is about to go through the same thing

thanks everyone this was actually super informative. I had no idea how california edd actually worked with firings