Can you file unemployment if fired in California? EDD eligibility explained

Thank you, that's really reassuring. So even though my separation code on the paperwork says terminated, EDD will actually look into the specifics of why?

Exactly. EDD will send a questionnaire to both you and your former employer asking for details about the separation. Your answers matter a lot - be specific, be honest, and focus on the fact that there was no documented misconduct or formal disciplinary process. The burden is actually on the employer to prove misconduct, not on you to prove you didn't commit it.

this is right, my cousin got fired from a restaurant job last year and still got approved. edd asked both sides and approved her within like 3 weeks

5 weeks in adjudication sounds rough. Did you do anything to speed it up or was it just a waiting game?

Mostly waiting, honestly. I tried calling EDD multiple times to check the status but couldn't get through. Eventually I used a service called Claimyr (claimyr.com) that helped me actually reach an EDD agent on the phone. There's a video demo at https://youtu.be/JmuwXR7HA10 showing how it works. The agent I spoke with confirmed my claim was processing normally and told me what documents might be requested. Just knowing it wasn't stuck or denied made the waiting way more bearable.

wait that actually works?? I've been trying to call EDD for two weeks straight and can't get through to anyone

What's constructive discharge? I've never heard that term before

Constructive discharge is when your employer makes your working conditions so terrible that a reasonable person would feel forced to quit. Even though you technically resigned, EDD treats it like an involuntary separation. Drastic hour cuts, hostile work environment, unsafe conditions - those can qualify. Sounds like the OP might have elements of this with the hours being cut before termination.

Interesting. My hours went from 40 to about 18 per week over three months before they let me go. I didn't think that was relevant but maybe I should mention it when EDD asks about my separation.

Absolutely mention it. That context matters for establishing that this was more about the company's operational decisions than anything you did wrong.

I'm skeptical of those third party services tbh. Does it actually work or is it just another thing that wastes your time?

I was skeptical too but when you've been trying on your own for two weeks with zero success, you try things. It worked for me. There's a demo video at https://youtu.be/JmuwXR7HA10 if you want to see what it does before trying it.

used it last month, can confirm it works, got through to EDD in under an hour when I'd been trying for days

ok fine maybe I'll check out that video lol

Should I say anything about the hours being cut? Or just stick to the termination circumstances?

You can mention it briefly in the initial filing but the questionnaire is where you want to lay it all out. Describe the timeline of events - when hours started dropping, how much they dropped, whether you received any explanation, and then the eventual termination. The more specific and factual you are, the better your claim looks versus a vague story.

also make sure you start filing your weekly certifications even while the claim is pending!! so many people don't know this and then miss weeks they could have been paid for once approved

No, EDD doesn't automatically believe the employer. Both parties get to give their account. The employer has to actually prove misconduct - they usually need to show documented warnings, clear policy violations, and evidence the employee knew the rules and deliberately broke them. If an employer just says 'misconduct' with nothing to back it up, EDD will often side with the claimant.

ok that makes me feel better. my old job fired me and put 'insubordination' on the paperwork but I never got any warnings or anything in writing ever

Insubordination without documented warnings is a weak case for the employer. Make sure you state clearly in your questionnaire that you were never formally warned and that no specific incidents were documented. Don't exaggerate or make things up but emphasize the lack of any formal process.

That's actually hilarious and also helpful to know. 'Attitude problems' being on official termination paperwork is wild.

RIGHT?? he was so stressed thinking he'd be denied but nope, edd approved him like 3 weeks later. the bar for misconduct is actually pretty high

I'm glad I filed right away then. I was hesitant but submitted within a few days of being terminated.

Good!! And make sure you're doing your weekly certifications too. A lot of people don't realize you have to keep certifying every two weeks even while your claim is in adjudication. If you stop certifying you can miss out on payments even after you're approved.

This is such an important point. The weekly certification requirement trips up so many people. File immediately and never stop certifying until your claim is fully resolved.

Mutual' separation is an interesting one. EDD will look at the actual circumstances regardless of what label the employer uses. If you felt pressure to sign a mutual separation agreement, or if it was really the'employer s decision framed as mutual, you can explain that in your claim. The key is whether you genuinely chose to leave or whether it wasemployer-initiated.

they definitely pressured me into signing something. I felt like if I didn't sign I'd be fired anyway and lose any severance

That's worth explaining to EDD in your questionnaire. Signing under pressure or to avoid something worse is different from genuinely choosing to leave voluntarily. You may also want to check if the agreement you signed has any language about unemployment claims - some companies try to include waivers but those aren't always enforceable in California.

California is actually pretty protective of workers here. An agreement that tries to waive unemployment benefits isn't always valid because UI benefits belong to the public system, not just an employment contract between two parties. Mention this situation when EDD contacts you.

You're right that termination claims typically take longer because they require the adjudication process where EDD contacts both parties and reviews the circumstances. A straightforward layoff with no disputes might clear in 1-3 weeks. A termination claim in adjudication could take anywhere from 3-8 weeks depending on how quickly your former employer responds and how complex the situation is.

8 weeks sounds brutal if you have bills to pay

It really is. That's why actually being able to reach someone at EDD to check your status makes such a difference for your mental health. Knowing your claim is moving vs just staring at 'pending' for weeks are very different experiences.

apply for any other assistance you might qualify for in the meantime - CalFresh, local emergency rent assistance, etc. Don't wait to see if EDD comes through before figuring out your backup options

My former company is pretty big - couple hundred employees with a full HR department. So they'll probably respond quickly and contest it?

Probably yes, they'll respond. But responding doesn't mean winning. A well-documented employer response WITH actual misconduct evidence is very different from a boilerplate HR response that just says 'performance issues.' EDD reviews both sides and the quality of evidence matters.

do employers have to prove misconduct with actual documents or can they just say what happened verbally

This is so helpful to hear. How did you find out your employer didn't dispute it?

The EDD agent told me when I called in to check status. Which - getting through to EDD is its own adventure lol. I used Claimyr to actually reach someone, found it through a forum post similar to this one. The site is claimyr.com and they have a video showing how it works at https://youtu.be/JmuwXR7HA10 if you're curious. When you're waiting on a big decision like this having the ability to actually talk to someone is worth a lot.

third person in this thread recommending that service, must be legit

how does the appeal process work? do you have to go in person?

You file a written appeal and then get scheduled for a hearing with an Administrative Law Judge at the California Unemployment Insurance Appeals Board. It's more formal than the initial adjudication but you don't need a lawyer. You can bring documents, witnesses, and make your case directly. Many people represent themselves successfully.

That's good to know as a backup. Really hoping it doesn't come to that but knowing there's another step helps.

EDD's adjudication is specifically about whether you committed UI misconduct as defined by state law - not whether you committed a crime. However if you were fired for something that's also illegal like theft, that could qualify as misconduct under UI law too. EDD looks at deliberate violation of known policies more than legal/illegal per se.

ok that makes sense, I was just wondering

Generally speaking EDD doesn't run criminal background checks or coordinate with law enforcement as part of UI adjudication. Their inquiry is limited to the employment relationship and the circumstances of separation.

Yeah this thread has completely changed my mindset about this. I was genuinely ready to just not file thinking I had no chance.

And there are so many people in that same boat who just don't know how the system actually works. The misconception that any firing = no unemployment is so widespread and it costs people real money.

preach. file first, ask questions later. EDD will figure out if you qualify, that's literally their job

The probationary period status doesn't really affect the misconduct analysis - the same rules apply about whether you actually committed misconduct. However probationary period terminations DO sometimes affect your earnings calculation for benefit amounts because you may not have enough wages during the base period from that job. EDD looks at wages earned in the first four of the five complete quarters before you filed, so if you had wages from a previous job you may still qualify.

I had a full time job before this one for like 2 years so I have plenty of wages on record. So EDD would use those?

Yes, those prior wages would be part of your base period calculation and would likely establish your benefit amount. Your recent termination would still go through adjudication to determine if misconduct was involved, but your financial eligibility is probably solid based on that prior employment history.

Oh I didn't know about the 3 contacts per week requirement. So I need to be documenting that from the start?

Yes, keep a spreadsheet or notes with the employer name, contact method, position applied for, and date. You certify that you've done it on your weekly claim but if audited you need actual records. This is required throughout your entire benefit period.

Also if you're on standby status you don't have to do the active job search but you only get standby if your employer specifically requests it or if you're in an approved training program. Regular claimants need those 3 weekly contacts.

This is so good to see! Really hoping for the same outcome. How long were you in adjudication?

Exactly 19 days from when the status changed to adjudication until approved. Felt like forever but in retrospect not that bad. I was able to call and check in once midway through which helped me stay calm knowing it was processing normally.

congrats!! this whole thread has been super informative honestly