Can you file for unemployment if fired in California? My situation explained

This is really reassuring, thank you. So they'll actually reach out to my old employer? Will I get to explain my side of things too or is it basically just whatever my employer says?

Yes absolutely, you'll get a chance to give your side. EDD will either send you a questionnaire or schedule a phone interview. It's really important that you respond to ANY contact from EDD immediately and explain the childcare situation clearly. Don't miss that window.

agree with this, my brother got fired and still got benefits because they couldnt prove misconduct. the employer has to show it was intentional or reckless not just a mistake

3 to 8 weeks is a long time when bills are due... is there anything I can do to speed that up or do I just have to wait?

SAME situation I have been waiting 5 weeks already and nothing. The waiting is absolutely brutal especially when you have zero income coming in. This system is designed to make people give up I swear

Keep filing your weekly certifications the whole time even while in adjudication - if you're approved, you'll get back pay for all those weeks you filed. That's really important, don't stop filing just because nothing is happening yet.

Wait this actually works? EDD phone lines have been a nightmare every time I've tried. I'll definitely check out that video.

I tried Claimyr too after weeks of failed calls. Got through to an agent who confirmed my adjudication was moving forward and told me to submit additional documentation. Totally worth it.

does it work for people who already have a claim open or only for new claims? asking for obvious reasons lol

This gives me so much hope honestly. Did you have any written documentation from those days or was it mostly just your word against the employer's?

Mostly my word vs theirs but I had text messages where I notified my supervisor about the childcare situation and that really helped establish that I communicated properly. Check your phone for anything like that.

yes the text messages thing is huge. screenshot everything and keep it somewhere safe before they block your work accounts or number

The employer's characterization isn't automatically final - EDD makes its own independent determination. If you were denied 2 years ago and think it was wrong, that's too late to appeal now, but in general: employers saying 'fired for cause' doesn't automatically equal disqualification. EDD looks at whether the conduct meets the legal definition of misconduct.

ugh wish I had known that then, I just accepted the denial and never appealed. didn't know you could push back on it

This is actually a really common misconception. A LOT of people accept denials they could have won on appeal. The appeal process exists specifically because employers and EDD don't always get it right the first time.

This is unfortunately so common and it's infuriating. EDD denial notices are written in the most confusing bureaucratic language possible and most people don't realize they have 30 days to appeal and that the appeal process is actually accessible.

30 days from the denial date right? Mine was way more than 30 days ago so I'm just out of luck I guess. Really frustrating.

For a denial that old unfortunately yes, it's past the appeal window. But going forward if anyone gets denied - appeal immediately. You don't need a lawyer. You write a letter explaining why you disagree, submit it to EDD, and you get a hearing in front of an Administrative Law Judge who is independent from EDD.

Interesting that the burden is on the employer. Does EDD pretty regularly side with claimants then or is it more 50/50?

It depends on how well documented the employer's case is. If an employer has clear written disciplinary records showing repeated policy violations the employee knew about, they tend to win. If it's vague or based on performance issues rather than conduct, EDD tends to side with the claimant. Childcare-related absences are often treated sympathetically.

yeah my former employer tried to claim misconduct and EDD basically said their documentation was insufficient. the agent told me employers often don't realize how much evidence they need to prove misconduct

Oh wow I didn't know that. How many job contacts per week is required?

The current requirement is 3 employer contacts per week unless you're on approved standby or job search waiver status. Keep a log with the employer name, contact method, date, and position you applied for. You don't submit this weekly but EDD can audit it anytime.

The job search log thing is real - I know someone who got their benefits clawed back because they said they were doing job searches but couldn't produce documentation when EDD asked. Keep records of everything.

The part about the employer not responding is interesting - so sometimes the delay is on the employer's side not EDD?

Yes apparently that's actually pretty common! Employers have a deadline to respond to EDD's inquiries but they don't always comply quickly. The EDD rep told me they can follow up but it does cause significant delays.

this happened to me too, employer dragged their feet and my adjudication took forever. I had no idea that was why until I got through to an actual person at EDD who explained it

Good to know there's an appeal option. Hoping I don't need it but it's reassuring that denial isn't the final word.

The appeal hearings are actually very accessible - they're usually done by phone now, you can represent yourself, and ALJs are generally fair and give claimants a real chance to present their case. Don't be scared of the appeal process if it comes to that.

Performance issues are generally NOT misconduct under California unemployment law. The legal distinction is pretty clear - misconduct involves willful disregard of employer's interests, not just failing to meet performance standards. If your employer is only citing performance, your chances are actually pretty good.

That's really helpful to hear. The EDD questionnaire asked about the circumstances of my separation and I wrote a long explanation about how I was struggling with the workload but never intentionally underperformed. Hoping that's enough.

That framing is good. Just be factual and honest - EDD investigators have seen every variation of these situations and respond best to straightforward honest accounts rather than anything that sounds defensive or rehearsed.

This is super helpful context. I never received any written policy about attendance that I signed off on - is that relevant?

It can be relevant, yes. If an employer can't produce documentation showing you knew and acknowledged a specific policy, that weakens their misconduct argument. Keep noting anything you remember about what policies you were or weren't given.

this is the kind of info that should just be on the EDD website honestly. most people have no idea any of this

This is encouraging, thank you 🙏

glad it worked out for you. gives me hope for my own situation

Length of time at the specific employer matters less than you might think. What matters for California EDD base period earnings is how much you earned during the 12-18 months before your claim. If you worked enough hours and earned enough wages, you likely meet the monetary eligibility requirements regardless of whether it was 6 months or 6 years at that one employer.

oh ok that's good. I had a different job before this one so I'm guessing all those wages count too?

Yes, wages from all California employers during your base period count toward your monetary eligibility. EDD pulls that data automatically from wage records. The base period is typically the first four of the last five completed calendar quarters before you filed.

Do it! The claimyr.com site is straightforward. The video demo at https://youtu.be/JmuwXR7HA10 explains everything. Hope you get through and get some answers.

ok UPDATE: actually got through to an EDD agent within a couple hours. Found out my adjudication is still processing but the agent confirmed my employer responded and there are no holds on my account. Feeling way better knowing it's just processing normally now

So glad that worked out for you! I'm going to try it too because the uncertainty is really getting to me

Really good point - I've been checking but not every day. Going to make it a daily habit from now on.

this is such important advice. I know two people who got denied simply because they missed the questionnaire deadline. EDD doesn't call you to remind you that something is waiting - it's on you to check.

also make sure your contact info on file with EDD is current - phone, email, mailing address. If they try to reach you and can't because of outdated info that can cause major problems

Retroactively for all the weeks you properly certified during the waiting period, going back to your claim effective date minus the one-week unpaid waiting period. This is why everyone keeps emphasizing to keep filing weekly certs even when nothing seems to be happening - every week you skip is a week of benefits you permanently lose.

ok good, so those weeks don't just disappear. that's a relief for everyone sitting in adjudication limbo right now

Correct. And the weekly cert process is important on its own too - you're certifying that you were able, available, and actively looking for work each week. Be honest on those certifications because they do get reviewed.

CONGRATS!! This is the outcome I was hoping for when I first replied. So glad the system worked the way it's supposed to for once.

this made my day honestly. gives me hope for mine. congrats!!

Great outcome and thank you for coming back to update the thread - so many people post questions and disappear. This will help the next person who finds this thread searching for the same answers.

👏👏👏 Congrats! The childcare absence non-misconduct determination is actually a really important outcome that a lot of people don't know is possible.