Can you get California EDD unemployment if you get fired?

Wait really? I thought if you got fired you just couldn't get it at all. This is the first time I've ever filed so I had no idea that's how it worked.

Yep this is correct. California EDD puts the burden of proof on the EMPLOYER to show misconduct. If they can't demonstrate you violated a known company policy or behaved in a way that showed willful disregard for your job, you should be approved.

same thing happened to my cousin, got fired and still collected. the company didnt fight it so it went through fine

Ok so what counts as misconduct exactly? Like would being late a few times count?

Being late a few times generally wouldn't disqualify you unless you had multiple written warnings and kept doing it anyway. Even then California EDD looks at the full picture. One or two instances usually isn't enough.

this is really helpful i got fired for being late twice and was scared to even file

5 weeks of waiting sounds awful. Did they ever tell you why it went to adjudication in the first place?

They said my former employer disputed the claim which is apparently pretty common even when you have a strong case. The agent I reached through Claimyr walked me through what documentation to gather to support my side. That made a huge difference.

ugh my claim has been in adjudication for going on 6 weeks now. maybe ill try that claimyr thing because i literally cannot get through on the phone ever

Quitting is actually harder to qualify from. If you voluntarily quit, California EDD requires you to show 'good cause' for leaving - meaning conditions were so bad a reasonable person would have had to leave. Things like unsafe working conditions, harassment, significant pay cuts, etc. Just not liking your job or wanting to move on generally doesn't qualify.

oh ok so quitting is harder got it. Probably better to wait and see if they let me go then lol

Be careful about trying to engineer a termination though - if California EDD finds out you were trying to get fired on purpose that can create issues with your claim.

Does my old employer always fight these claims? Like do most companies bother responding?

It varies a lot. Bigger companies often have HR departments that respond to everything automatically. Smaller businesses sometimes don't bother especially if the separation was amicable. Either way California EDD has to give you a chance to present your side too.

My old job sent in a bunch of stuff saying I was fired for misconduct and it was mostly lies. The California EDD adjudication process let me submit my own documentation to counter their claims and I won the case. Don't give up if your employer tries to fight it.

i feel u so hard on this. been trying to get someone on the phone for 3 weeks straight. how do people actually reach a human being at california edd

Seriously look into Claimyr - claimyr.com - it's the only thing that worked for me after weeks of getting nowhere. There's a video showing how it works at https://youtu.be/JmuwXR7HA10. Not exaggerating when I say I tried for almost a month before using it.

at this point ill try literally anything. downloading it now

What should I actually say in that interview? Like how much detail do I give?

Stick to the facts of your specific situation. When were you hired, what was your job, what happened leading up to the termination, what reason if any was given, and whether you had any prior warnings. Don't speculate about your employer's motives just describe events as they happened. Having specific dates helps.

Also keep notes or a timeline of events before the interview. You'll be glad you did when they start asking detailed questions and you can refer back to specifics rather than guessing.

That's really reassuring to hear. 'Not meeting expectations' sounds similar to my situation honestly.

yeah just file and let them figure it out. worst they can say is no and then u can appeal anyway

Performance issues are almost never classified as misconduct under California unemployment law. Misconduct requires intent. If you simply couldn't do the job or the employer felt you weren't performing at a high enough level, that doesn't disqualify you.

The California EDD eligibility rules apply the same regardless of whether you were union or non-union. However if you were union, your collective bargaining agreement might have different definitions of 'just cause' for termination that could come up during adjudication. Bottom line though: same standard for misconduct determination either way.

ok good to know. I'm non-union anyway just curious

One thing to note with union jobs: sometimes there's a separate grievance process through the union that happens alongside the California EDD claim. Those are separate processes and one doesn't affect the other.

Don't panic - adjudication just means they're investigating, not that you lost. The fact that your employer claims you violated a policy doesn't mean California EDD will agree. They'll want to know if that policy was communicated to you. If you were never given a handbook or told about specific policies, that's very relevant information to bring up in your interview.

Document everything you can remember - start date, your job duties, whether you ever received a handbook, any policies you were verbally told about, any performance reviews. The more specific you can be in your adjudication interview the better your chances.

I'm nervous about the phone interview. What if I say something wrong and it hurts my claim?

Do I get to hear what my employer said about me before the interview?

Typically no - California EDD doesn't share the employer's specific statements with you before the interview. But you can ask questions during your interview and the adjudicator may give you some indication of what the employer is claiming so you can respond.

I had my adjudication interview and the EDD agent literally asked me questions that were clearly based on things my employer made up. It was infuriating. Stick to your truth and don't get rattled by what they imply the employer said.

Length of employment doesn't directly affect whether the misconduct determination goes your way. But it can matter for base period calculations that determine your weekly benefit amount. Your benefit amount is based on your earnings in a specific base period regardless of how long you were at your most recent job.

ok so 2 years of wages would count toward my benefit amount calculation right? thats good at least

Yes exactly. California EDD looks at your earnings in the base period (typically the first 4 of the last 5 completed calendar quarters) to calculate your weekly benefit amount. Two years of consistent income should give you a solid benefit amount if approved.

If your claim goes through without adjudication, you might see payments within 3-4 weeks of filing. But if it goes to adjudication like many termination cases do, it can take 4-8 weeks or even longer. California EDD has been working to reduce backlogs but adjudication cases take longer by nature.

4-8 weeks is rough. is there any way to speed it up

Honestly getting in contact with a live California EDD agent is one of the best ways to move things along if your claim is stuck. That's where Claimyr helped me - claimyr.com - it got me to an actual person who could look at my specific case and push things forward. Video demo at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it.

Good point about screenshots. I've been kind of sloppy about tracking everything.

Seriously start a folder right now - physical or digital. California EDD can sometimes lose things or claim they never received your documentation. Having proof of what you submitted and when protects you in an appeal situation.

wish someone had told me this 2 months ago lol. learned that lesson the hard way

I really hope it doesn't come to an appeal but good to know that's an option. Does winning an appeal mean I get back pay for all the weeks I was waiting?

Yes - if you win an appeal, California EDD typically pays you for the entire period you were eligible and waiting, going back to your original filing date. This is called retroactive payment and it can add up to a significant amount if your adjudication and appeal process dragged on for months.

I won an appeal last year and got a big chunk of backpay all at once. Definitely worth fighting if you get denied and you know you shouldn't have been.

Oh wow I didn't know this. So I should be certifying every week even though I haven't been approved yet?

YES 100%. File every week no matter what. If you get approved they'll pay you for all those weeks you certified. If you stopped certifying those weeks are basically gone.

This is really important advice. Keep your weekly certifications current no matter what stage your claim is in. It's one of the most common mistakes people make during a long adjudication period.

Good luck! Sounds like you have a solid case if there were no documented warnings. Come back and update us!

Will do. Already certified for my first week too after reading the tip above. Fingers crossed.

Restaurant industry is pretty common for these situations. California EDD sees a lot of these cases and the adjudicators generally understand the industry. Just be straightforward in your interview and you should be fine.

No - your California EDD claim information is confidential. Employers who run background checks cannot see whether you collected unemployment benefits. Your claim and benefit history isn't part of standard background check databases.

oh thank god. was worried about that

Correct. Your unemployment claim has zero impact on background checks or employment verification. The only people who interact with California EDD about your claim are you and your former employer who was notified as part of the separation dispute process.

So glad to hear it! And good to know Claimyr worked for you, I've been going back and forth on trying it

Rooting for you! Please do update us, it helps everyone reading this thread to know how these situations resolve.

no warnings = strong case. you got this