Can you collect unemployment if you've been fired? California EDD rules explained

Getting fired doesn't automatically knock you out of benefits, that's the short answer. EDD looks at whether what you did actually counts as misconduct, and the bar for that is higher than a lot of people think. Your employer has to come to EDD and show there was real misconduct on your part. If it was just that you weren't meeting performance targets or they were frustrated with your output, that's usually not enough. Performance issues without documented policy violations tend to land on the 'not misconduct' side of that line. The interview is really just both sides telling their story so EDD can make a call. You said no written warnings ever, so make sure you mention that.

Had my own EDD phone interview after a firing about four months ago and the DE 4800 notice I got listed the exact questions they were planning to ask me. Read that thing front to back before the call. The interviewer phoned at the exact time printed on the notice and went through each issue one by one. I answered calmly, stuck to facts, and my payments came through a couple weeks later. Don't overthink it, just be honest and specific.

Termination paperwork from my last job listed 'attendance policy violation' as the reason, and I still wasn't sure whether that counted against me. Claimyr (claimyr.com) got me on the phone with a live EDD agent after I'd spent two days getting nowhere through the main line. I asked the agent specifically whether an attendance issue qualified as misconduct under EDD's rules. She pulled up my claim and told me the interview was still open and that both my statement and my employer's response would be weighed before any decision. Here's EDD's own video on reaching a live person by phone if the lines have been killing you: https://youtu.be/JmuwXR7HA10. After the interview EDD mailed me a Notice of Determination and my pending weeks cleared.

Quick thing people get wrong here: some folks think if they quit they still have to prove misconduct, or that fired people automatically lose. Neither is true. The burden of proof is different depending on how you left. If you quit, YOU have to show EDD you had a solid reason. If you got fired, your EMPLOYER is the one who has to show EDD there was actual misconduct. For performance stuff with no written record, that's often hard for an employer to prove.

The pending status you're seeing is normal for fired claims. EDD opens an adjudication issue basically anytime someone is let go involuntarily and the employer might push back. It doesn't mean you've been denied, it just means they haven't decided yet. After your interview and after EDD hears from your employer, they'll figure it out and either pay the pending weeks or send you a Notice of Determination if they side against you.

I'm kind of confused reading this. Someone earlier mentioned an 'adjudication issue' opening up. Is that the same thing as an appeal? Because I thought those were the same thing and now I'm not sure.

Something worth knowing: even if EDD rules against you after the interview, you have 30 days from the date on the Notice of Determination to file an appeal in writing. You can use the DE 1000M form that comes with the notice, or just write a letter to the address on it. And keep certifying the whole time your appeal is going because if you win, they can only pay weeks you certified for.

Also make sure your CalJOBS registration is handled. After you apply, EDD sends a notice called the DE 8405 that tells you if you need to register there and post a resume, and you typically have 21 days from that notice to get it done. People overlook that and then payments stall for a completely separate reason while they're already stressed about the fired situation.

wait can they just fire you for anything and you lose benefits? like what if they said you had a bad attitude, is that misconduct

The week before my interview I actually wrote out a timeline of my employment, every incident my employer had ever mentioned, and what I did or didn't do in response. Having it all in front of me during the call meant I didn't freeze up or forget anything important. The interviewer asked about specific dates and I had them ready. EDD mailed the DE 429Z about two weeks after my interview and my claim went through.

For anyone worried about the 'performance issues' language specifically: EDD has seen that phrase a thousand times and they know it covers everything from genuine policy violations to 'we just wanted someone else.' The question they're really asking is whether you intentionally did something you knew violated a clear company rule. Falling short of productivity targets without any formal documented process is a very different thing from, say, stealing or refusing a direct order.

Paycheck from my last job had the CASDI deduction on it and I always thought that was the unemployment insurance tax. Looked it up and apparently that deduction covers disability and paid family leave, not unemployment. Unemployment is funded through the employer's own tax, nothing taken from your check for it. Just sharing because I've seen a few people here confused about whether they even 'paid into' the system.

If your employer doesn't respond to the notice EDD sends them after you file, that actually works in your favor during adjudication. EDD mails the employer a DE 1101CZ after you apply, and the employer has 10 days to respond. No response means EDD makes its call without the employer's side, and the employer loses their right to appeal EDD's decision.

DE 429Z arrived in my mail last week and I initially thought it meant I was approved, but reading this thread I realize that's just the award notice showing what the claim COULD pay, not a decision on whether I actually qualify. That distinction matters a lot and I wish the form was clearer about it.

Severance package came with my termination and I honestly didn't know if taking it meant I couldn't file for unemployment. Went ahead and filed anyway, and after the whole adjudication process my benefits came through fine. Severance is on EDD's list of things to report when you certify, so I reported it, and EDD sorted out what it meant for my payments. Don't let a severance offer scare you away from filing.

Waiting for my own determination right now on a firing and the pending weeks in UI Online are driving me up the wall. Used Claimyr last Thursday because I wanted to know specifically which weeks were pending and whether my identity verification had gone through. Ended up talking to an EDD agent who confirmed my ID check had cleared and that two of my weeks were waiting on the interview decision. That was genuinely helpful to know while I sit here and wait.

BEEN WAITING SIX WEEKS AND NOBODY PICKS UP EVER. tried calling at 8am exactly when lines open and still on hold for over an hour and then it disconnects. filed my claim, had the interview, employer disputed, and now what? just sit here going broke waiting for a letter? the whole system is broken and i'm sorry but somebody has to say it

Months ago I went through almost this exact situation and the thing that tripped me up was not registering in CalJOBS fast enough. My interview went fine, employer basically had nothing, EDD found in my favor, and then my payments were held up anyway because of that DE 8405 registration deadline. Such a preventable delay.

For anyone following this thread who's also asking whether a fired claimant has to do work search activities: yes, the same requirement applies. Every week you certify you need to be able to work, available, and looking. EDD's pages don't name a specific number of contacts you have to make, but keeping some kind of personal record of where you applied is a smart habit while your claim is in adjudication because the requirement doesn't pause while you wait for a decision.

Tax question that came up for me: unemployment benefits are federal taxable income but California doesn't tax them at the state level. You can choose to have 10 percent withheld for federal taxes each time you certify, which saves a nasty surprise in April. The Form 1099G comes in January and it's also in UI Online under Payments.

Probably worth mentioning for anyone who gets denied after their interview: the appeal process isn't as scary as it sounds. You write to the address on the Notice of Determination within 30 days of the mailing date, include the DE 1000M that comes with it, and EDD sends the whole thing to the CUIAB where an administrative law judge runs the hearing. You can represent yourself, bring union help, or hire an attorney. Keep certifying the whole time, because a won appeal only pays weeks you certified for.