Can you collect unemployment if you got fired? California EDD rules explained

The phone interview thing - does EDD set that up automatically or do I have to request it? And do I keep certifying while I'm waiting for them to decide?

EDD schedules it on their end when there's a question about why you left. The notice they send is called a DE 4800 and it'll have the date and time. Keep certifying regardless - weeks you don't certify can't be paid back to you later even if you win.

Agreed on keeping those doctor notes. Paper trail matters a lot in these situations.

That's really helpful, I didn't realize EDD actually tells you what questions they'll ask ahead of time. Makes me feel a little less anxious about the whole thing.

The DE 4800 having the questions listed out is genuinely useful - gives you time to think through your answers and gather the right documents before the interviewer phones at that time.

Attendance absences backed by medical documentation are looked at differently than just not showing up. The advance question list on the DE 4800 helps you frame exactly that.

wait so even if the company fires you for a policy violation EDD can still say it wasn't misconduct?? i thought a firing was automatically a disqualification i've been telling people that for months lol

Yeah, 'fired' and 'disqualified' aren't the same thing at all. The policy violation matters less than whether EDD thinks you meant to cause a problem. Medical absences with notes is a pretty different situation from, say, stealing or refusing to follow a direct instruction.

Telling people they're automatically disqualified for being fired is one of those things that spreads because it sounds logical but it's just wrong. EDD makes that call case by case after hearing from both sides.

How long does it usually take to hear something after the interview? Like am I looking at days or weeks?

Honestly the timeline varies and EDD doesn't give a set answer on it. The notice, if you get one, comes by mail. Worth keeping an eye on UI Online too since payment info updates there once weeks get processed.

My interview was on a Thursday and by the following Tuesday my pending weeks had cleared. But I've also heard of it taking longer, so your experience may be different.

I have the two doctor's notes and some texts from my supervisor about approved time off. Would it help to write out a timeline of events too?

A written timeline is a great idea. Even if you don't read it out loud during the interview, organizing it helps you remember dates and details clearly when the interviewer asks.

The HR documentation is especially important. If they put 'misconduct' in writing anywhere, knowing exactly what they wrote helps you respond to it specifically.

I hadn't thought about that angle. Makes me want to put together a really clear summary of the medical situation before my interview.

Exactly right that EDD hears from both sides. Worth noting too that if your employer doesn't respond to EDD in time, EDD decides based only on what you told them, which tends to work out better for the claimant.

wait EDD actually asks the employer?? i thought it was just between you and EDD. learning a lot in this thread

This is genuinely the most reassuring thing I've read. Thank you for sharing the actual outcome.

Two weeks from interview to payment is a pretty typical timeline from what I've seen. Good to have a real data point here.

The email showing your manager approved one of the absences probably made a huge difference. Written approval is really hard for an employer to argue against after the fact.

Oh I had no idea about this. I haven't gotten that notice yet but I'll watch for it. Can I register proactively before the notice arrives?

You can set up a CalJOBS account early if you want, that's caljobs.ca.gov - but the 21-day deadline runs from the date on the DE 8405, so watch for that notice specifically.

EDD does say if you're exempt from the registration requirement, so if you don't get the DE 8405 that might mean you don't need to. But if you do get it, do not let that deadline slip.

EDD's standard for misconduct is about intentional wrongdoing, not just any policy violation. Your employer had to show that, and apparently couldn't - which is why your claim was approved.

honestly I was just waiting for a denial letter the whole time. relieved I didn't get one but I wish someone had explained the actual rule to me upfront

You can appeal it. The notice comes with an appeal form (DE 1000M) and you have 30 calendar days from the mailing date on the notice to file it. You send it to the address printed on the notice. EDD reviews it first, and if it goes further it goes to the California Unemployment Insurance Appeals Board where an administrative law judge actually holds a hearing. You testify under oath and you can represent yourself or have someone help you, like a union rep or an attorney.

30 days from the mailing date, got it. and you can appeal even if the interview already happened?

The appeal is specifically for after the decision, which comes on the notice. The interview is just the information gathering step - the actual decision is what you appeal if you disagree with it.

Worth adding: keep certifying through the appeal process. EDD can only pay back weeks that were certified, so if you stop certifying thinking it's pointless and then win the appeal, you'd have unpaid weeks you can't recover.

Knowing there's a real appeals path with an actual judge makes me feel better about the whole process. Did you need a lawyer for the hearing?

Represented myself. The judge was professional and the process is designed so you can handle it without an attorney, though having one doesn't hurt if your situation is complicated.

This is a good reminder that an initial denial isn't necessarily the final word. The appeals process exists specifically for situations where the first decision wasn't right.

Makes sense. I've been applying places anyway while waiting to hear about the claim. Should I be doing anything specific to document that?

Keeping a simple log of where you applied and when is a good personal record to have. Some people use a spreadsheet. EDD doesn't specify a required format, it's just useful to have something if questions come up.

That's a good warning about address issues. I should double-check what address EDD has for me.

Definitely worth verifying through your myEDD account. The DE 4800 going to a wrong address and you missing the interview would just delay everything.

Address mismatches are more common than people expect, especially if you moved recently. The agent being able to see that it was an address issue rather than something wrong with the claim itself is exactly the kind of thing that makes talking to someone directly worth it.

Good to know so I don't freak out when I see that. Does it affect how many total weeks I can collect?

Nope, the waiting week doesn't reduce the total amount your claim can pay. It's just unpaid at the front end, the maximum benefit amount stays the same.

First certification usually covers the waiting week and one paid week together, so you see both when that first payment posts.

This is such an important point. I think a lot of people hear 'misconduct' from HR and assume EDD will just rubber stamp whatever the company said.

Exactly. EDD isn't taking the company's word for it, they're asking both sides and deciding independently. That's the whole point of the phone interview.

Mornings right when they open at 8 a.m. tend to be the best shot at getting through. The hold times later in the day get brutal.

i've been calling at like 10am which is probably why. will try right at 8 tomorrow

Live chat through the Help button in UI Online is another option, runs Monday through Friday 9 a.m. to 2 p.m. Sometimes easier to get to than the phone line.

The idea of the notice arriving after the interview date is a nightmare scenario I hadn't considered. Good to know there's a way to handle it.

Agent was clear that missing the interview because the notice arrived late is something EDD can work with, as long as you phone EDD the same day you realize you missed it. Don't wait.

That same-day call if you miss the interview is crucial. EDD decides based on what they have if you don't, and that rarely goes in the claimant's favor.

That's not how EDD works - attendance issues aren't automatically misconduct and EDD doesn't automatically side with employers on anything. The whole interview process exists because they evaluate each case on its own facts. Medical documentation, approved absences, emergency circumstances - all of that gets considered.

ok that makes me feel better. my situation involved a family emergency and I do have documentation. guess I should stop listening to my coworker for EDD advice lol

The employer-sides-with-employers idea is a persistent myth. EDD's job is to determine eligibility based on the facts, and plenty of people win firing claims every day.

I haven't gotten the DE 429Z yet, is that normal at this stage?

It takes around three weeks to process a new application, so it may still be on its way. Keep an eye on your mailbox.

The DE 429Z showing your weekly benefit amount is separate from EDD deciding whether you qualify - it comes from the application processing side. The eligibility decision from the interview is a different step.

I had no idea the employer was on a deadline too. How would I even know if they responded?

You wouldn't see that directly in UI Online - it's part of EDD's internal process. But it does affect how the interview goes and what EDD has to work with when they make their determination.

If your employer doesn't respond at all, EDD makes the determination based entirely on your account of what happened, which generally helps the claimant. No guarantee, but it's not nothing.