Can you collect unemployment after being fired? California EDD rules explained

Filed this morning, took maybe 20 minutes online. The ID.me verification part was a little confusing but I got through it. So EDD actually talks to both sides before deciding - I didn't realize that. I was worried my employer would just say whatever and that would be the end of it.

The ID.me step tripped me up too on my claim last year. Take the photo in good lighting and it usually goes through on the first try. And yes, EDD does hear from both sides - you're not just at your employer's mercy here.

Exactly - what matters is whether the employer can back up a misconduct claim with actual evidence. 'Performance issues' with zero documentation is a thin case for them to make.

Wait so if the employer doesn't respond at all, EDD still makes a decision? That's actually kind of reassuring. And the pending weeks - do they all pay out at once if EDD decides in your favor?

Yes, EDD decides regardless. When mine resolved, every certified pending week paid out within about 24 hours of the determination posting. Keep certifying every two weeks no matter what so those weeks stay in the system.

employer not responding is actually pretty common from what i've seen on here. the ones who fight it are usually the ones with documentation on their side

I thought ANY firing meant automatic denial, been telling people that for years, sorry lol. This is news to me honestly.

Super common misconception. The rule is actually the opposite of what most people assume - the employer has to prove misconduct, not the other way around. If they can't, benefits generally aren't denied just because you were fired.

yeah i got fired and collected no problem. my company said it was performance but couldn't show EDD anything concrete. got my determination letter about three weeks after the interview.

Hadn't even thought about CalJOBS - is there a way to know if I need to do it or does EDD just tell me?

EDD mails the DE 8405 if you're required to register. If you don't get one, you're likely exempt. But I'd keep an eye on your mail either way because you don't want to miss it.

caljobs.ca.gov is the site, took me maybe 30 minutes to set up a profile and upload my resume. not as painful as I expected

What kind of questions do they ask in the interview? Should I be preparing anything?

The DE 4800 actually lists the specific questions likely to come up in your interview, so read it carefully when it arrives. Generally it'll be about the circumstances of the firing - what happened, what you were told, any warnings or write-ups. Be straightforward and specific. Dates, what was said, who was present.

I took notes from my termination meeting before my interview and it helped a lot. Specific details matter more than a general 'they just fired me for no reason' kind of answer.

Three months is a long time to wait. Did you just keep certifying the whole time?

Certifying every two weeks the whole time, never missed one. When EDD finally ruled for me, every single pending week paid out. If i had stopped certifying thinking nothing was happening i would have lost all that money.

This is why people burn out dealing with EDD. Even when you're right it takes forever. Glad it worked out though.

So if my highest quarter was around $14,000 my weekly amount would be somewhere around... I don't know how to calculate it. I'll use the calculator.

The calculator on EDD's site is pretty accurate. 14k in a quarter should put you solidly above the minimum. The DE 429Z will show you exactly what you qualified for and how many weeks.

don't forget there's a waiting week - first week is unpaid, it doesn't come out of your total weeks, your first certification usually covers that waiting week plus one paid week

How long after the interview did your determination come?

About 17 days for me. Some people get it faster, some slower. Mine showed up as a decision in UI Online first, then the paper notice came a few days later. During those 17 days I just kept certifying and watching Claim History.

17 days sounds about right, mine was 19. The waiting is awful but pretty normal for a contested claim.

I've been doing some freelance stuff here and there - good to know I need to report it. I was going to just not mention it which would probably be a terrible idea.

Yes, definitely report it. EDD cross-checks wage data and unreported earnings is what gets people into overpayment territory. Report it honestly and EDD runs the formula - you usually still get a partial payment.

the earnings disregard is the first $25 or 25% of gross for the week, whichever is bigger, then the rest gets subtracted from your WBA. so part time work usually still leaves you with something

Really hoping I don't need to use this information but good to have it. What does the appeal process actually look like if it gets that far?

An administrative law judge at the CUIAB holds a hearing - you get a Notice of Hearing in the mail at least 10 days before it. You testify under oath about what happened, and you can bring someone to represent you if you want, like a union rep or an attorney. The judge sends a written decision afterward.

The appeal step sounds intimidating but plenty of people represent themselves at those hearings. Having your documents organized and your timeline clear matters more than knowing legal procedure.

Really common thing to believe and completely wrong. The fired = automatic denial thing is probably the most widespread misconception about UI. Whether you qualify depends on what kind of firing it was, not just the fact of being fired.

makes sense now. so it basically comes down to whether the company can prove it was for a real reason not just like they wanted to get rid of someone

Good to know about the withholding option. Probably smarter to just take the 10% out now rather than get hit with a tax bill in April.

i wish someone had told me this during my first claim lol. owed way more than expected that spring

Oh that's really helpful to know in advance. I would have definitely panicked thinking it was about my eligibility.

The name is confusing - 'Notice of Unemployment Insurance Award' sounds like you've been approved for something but it's really just showing you the math on what the claim could pay if you're found eligible.

yeah i made this mistake and thought i was approved and stopped stressing, then got confused when nothing happened for weeks. read the fine print on everything EDD sends

This keeps coming up and I'm going to tattoo it on my hand. Certify no matter what. Got it.

Same mistake, lost two weeks. It's brutal. EDD can't pay what wasn't certified, that's just how the system works.

EDD mails the last employer a DE 1101CZ - Notice of Unemployment Insurance Claim Filed. The employer has 10 days from the date on that notice to respond. If they don't respond by that window, EDD moves forward without their input and they lose the right to appeal EDD's decision. An employer that does respond can appeal within 30 days of whatever notice they receive.

so if my company's HR is slow or just doesn't respond, that actually works in my favor? interesting

Potentially yes. An employer that doesn't respond has no standing to appeal later. EDD will decide based on what you told them in the interview.

Has anyone had luck with the live chat? I've heard the phone is basically impossible during busy times.

Live chat is hit or miss but way better than the phone in my experience. If the chat queue is too long they sometimes cut it off before 2 p.m. Try right at 9 a.m.

Phone line is brutal if you're trying around midday. Early morning or going through Claimyr is how I finally got to actually talk to someone on mine.

Makes me feel a little better. Everything was verbal if anything, and I was never put on a formal performance plan.

Verbal warnings with no documentation are basically the same as no warnings from EDD's standpoint. The employer would need to show something they actually put in writing to make misconduct stick.

Worth noting in your interview that warnings were verbal only and that you were never placed on a formal PIP or given anything to sign. Those details matter.

Running it now - my estimate came out to $387 a week. Is that realistic given what I described about my wages?

$387 is well within the $40-$450 range and sounds plausible for someone with 14 months of wages at a full-time job. The DE 429Z will confirm it. If it comes out significantly lower than the calculator estimate, that's when you'd want to look at whether your wages were reported correctly and potentially appeal.

And remember the max is $450 regardless of wages. If you were earning a lot, the calculator probably shows $450 for you.

So I should expect my first payment to basically be one week of benefits even if I certify for two?

Exactly. First certification covers the waiting week (unpaid) and week two (paid). You'll see one week's payment come through, not two. After that, each certification should pay two weeks as normal assuming nothing is flagged.

The waiting week freaked out everyone I know who filed for the first time. EDD explains it somewhere in the paperwork but it's easy to miss.

This is exactly what I needed to hear. How long did your whole process take from filing to first payment?

About five weeks total. Two weeks for initial processing, interview in week three, determination in week four, payment in week five. I know that sounds like a lot but the waiting week plus processing time plus the open issue from the firing adds up. Keep certifying every two weeks from the start and the money will be there waiting when it clears.

Five weeks is pretty typical for a firing case with an open issue. Plan for it financially if you can. The first payment landing after all that waiting is a relief.

Five weeks is tight but manageable if I'm careful. At least now I know roughly what to expect instead of just waiting and wondering. Really appreciate everyone in this thread.