Can you file for unemployment if you were fired in California?

This is really reassuring to hear. I was so convinced my coworker was right. So EDD will contact my former employer to get their side of the story too?

Yes, California EDD will send a questionnaire to your former employer asking them to describe the reason for separation. You'll also get a chance to explain your side. That's part of the adjudication process - EDD weighs both sides before making a determination. Just be honest and detailed when you respond to any requests for information.

same thing happened to me last year, got fired and still got approved. just make sure you respond fast when edd sends you letters

That's what I'm hoping. They never put anything in writing about performance concerns. Would that help my case?

Definitely helps. No documentation = harder for employer to prove misconduct. Keep any emails, reviews, or anything that shows your work history was fine.

Wait so your employer actually fought it and you still won? That gives me a lot of hope. And thanks for the tip about Claimyr, I'll look into that if my claim gets stuck.

Yep they contested and I still got approved. Just make sure you document everything - the lack of warnings, your good review, any communications. And yeah Claimyr was honestly a lifesaver when I needed actual answers from EDD.

ive heard of claimyr before. does it actually work? i spent 3 days trying to get through to edd last month and gave up

It worked for me. I was skeptical too but I was desperate at that point. Got through and the agent actually explained exactly where my claim stood in adjudication.

wait so there's actually a legal definition? i always thought fired just meant fired and you were out of luck

Yeah most people don't realize this. The EDD adjudication process exists specifically to examine these situations. They're not just taking the employer's word for it.

This is exactly what I needed to understand. The legal threshold thing makes sense - they were definitely framing it as 'you weren't meeting expectations' not 'you did something terrible.

If you disagree with an EDD determination you absolutely have the right to appeal. Your sister should have filed an appeal with the California Unemployment Insurance Appeals Board (CUIAB) within 30 days of her denial notice. The appeals process gives you a hearing in front of an administrative law judge where you can present your evidence directly.

she did appeal actually and it took like 4 months but she ended up winning at the hearing. so the process works but wow is it slow and stressful

Good to know appeals are an option if it comes to that. Hopefully I won't need to go that route but I'll keep it in mind.

I already filed the day after I was let go so that's good. Didn't know about the waiting week thing though.

yep there's a one week waiting period before benefits kick in. you still have to certify for that week, it's just unpaid. so definitely good you filed right away.

this is true. filing fast matters a lot, good advice

This is incredibly useful context. I literally never received any written warnings or was put on a PIP. Would it help to mention that specifically when I respond to EDD?

Absolutely mention it explicitly. Tell them you received no written warnings, were never placed on a performance improvement plan, and reference your last performance review being satisfactory. Specific facts matter more than general statements.

This is solid HR perspective. The PIP thing especially - no PIP basically signals the employer didn't follow their own disciplinary process.

The California unemployment misconduct standard applies across industries. The type of job doesn't change whether you qualify - what matters is the reason for separation and whether it meets the legal definition of misconduct. There are some nuances for things like union employees with specific contracts but the basic eligibility rules are the same.

ok good to know i was just wondering

Wait, I need to certify even before I'm approved? I had no idea. How do I do that?

Yes! Log into UI Online and certify for each two-week period. You'll answer questions about your job search activities and whether you worked or earned any money. Don't skip weeks even if your claim status shows pending or adjudication.

this tripped me up so bad my first time. i waited until i was approved to certify and lost like 3 weeks of benefits. don't make my mistake

Oh no I'm so glad you said this. Logging in to certify right now.

Honestly this is how I feel too. Like there's some stigma around it. But I need the help so I'm pushing through that feeling.

Totally understandable. You paid into this system while you were working. You deserve to use it when you need it.

Correct. UI benefits are a statutory right in California. No private employment contract can override the California Unemployment Insurance Code. Your eligibility is determined by EDD based on the law, not by what your employer says.

my old employer literally told me this when i got laid off that i couldnt collect. had to find out myself they were wrong

After you file your initial claim through UI Online: 1) EDD sends notices to you and your employer about the claim 2) You receive a Notice of Unemployment Insurance Claim Filed 3) Your employer has 10 days to respond if they want to contest 4) If contested, your claim goes into adjudication where an EDD interviewer reviews both sides 5) EDD issues a Notice of Determination with their decision 6) If approved, benefits are paid going back to your filing date minus the waiting week. Throughout this whole time you should be certifying every two weeks.

thank you this is exactly what i needed, i had no idea what to expect

Saving this breakdown, very helpful for me too.

6-8 weeks?? that's terrifying. I don't have that kind of savings cushion

I know it's rough. The Claimyr thing helped me feel less helpless because I actually got to talk to someone and understand what was happening vs just staring at a pending status screen

How long did adjudication take for you specifically?

mine took about 5 weeks. felt like forever but it did get resolved. just stay on top of certifying and respond to any EDD requests immediately - delays in your response add time to the process

Noted. I have mail forwarding set up and the UI Online app notifications on. Hopefully I won't miss anything.

also check your UI Online messages section not just your physical mail. edd sometimes sends things electronically only depending on your notification settings

This is practical advice I really appreciate. I tend to over-explain when I'm nervous so I'll practice keeping it concise.

Totally normal to want to explain everything. But in these interviews less is often more. Let the facts speak for themselves.

I wish I had this advice before my interview lol I rambled so much

Yes. California EDD requires you to be actively seeking work as a condition of eligibility. You should be conducting and documenting at least three job search activities per week during your claim. Keep a log with dates, employer names, positions applied for, and contact information. EDD can ask for this documentation at any time.

three per week? i had no idea it was that specific

You should also register with CalJOBS (the California job seeker platform) which is a requirement for most UI claimants. If you haven't done that yet, do it soon.

I actually didn't know about CalJOBS either. Going to register today.

Good example. EDD does look at context and circumstances. There's a difference between willful disregard of company policy and situations with legitimate explanations. The adjudication process is meant to capture exactly that nuance.

That's reassuring. My situation feels pretty clear cut compared to that but it's good to know they look at context.

I'm writing all of this down. Really hoping I don't need to appeal but it's good to know the safety net exists.

CUIAB hearings are actually way more claimant-friendly than people expect. the ALJ asks questions and it's more of an actual conversation than a scary courtroom thing. my sister's experience was much better than she expected

Seven weeks is a long time. I'm bookmarking that Claimyr link for sure. The uncertainty is already killing me and it's only been a few days.

Yeah the not-knowing is genuinely the hardest part psychologically. Once I had actual information from the agent I felt so much better even though nothing had been decided yet.

the UI Online status descriptions are honestly useless lol. 'your claim is being processed' ok great that tells me nothing

this is real talk. i would refresh the page 10 times a day looking for any change. getting actual info from a human was the only thing that helped

Thank you, this whole thread has been so helpful. I feel genuinely better than I did when I posted this. Will update when I hear back from EDD.

Please do update! These threads are helpful for the next person searching the same question.

rooting for you OP, you got this