Can you get California EDD unemployment if you're fired from your job?

This is really reassuring thank you. So even though they used the word 'termination' in my paperwork I could still be approved? I was so worried the word fired would just automatically flag my account.

this is correct, my brother got fired for not meeting sales targets and EDD approved him no problem. the employer tried to fight it but edd sided with him

Exactly right. The burden of proof actually falls on the employer to prove misconduct existed. If they just cite performance numbers without showing you willfully neglected your duties, EDD typically rules in the claimant's favor.

Wait I didn't know I was supposed to keep filing weekly claims during adjudication!! I haven't done one since I filed the initial claim two weeks ago. Is it too late to go back and certify those weeks??

You can still go back and certify missed weeks on UI Online, there's usually a backdating option. Do it ASAP though, don't wait any longer. Go to your claim summary and look for the option to certify for prior weeks.

omg same thing happened to me i thought u had to wait for approval first before doing weeklys. wish someone told me sooner

Thank you for this - I've been trying to get through to EDD on the phone for days and just keep getting the 'we cannot take your call' message. Going to look into Claimyr because I really want to understand what's happening with my specific claim.

I've heard of Claimyr, does it actually work? I'm always skeptical of third party services when it comes to government stuff

Totally get the skepticism - I was the same way. But yeah it worked for me, got connected to an actual EDD rep who could pull up my account. It's not like they're doing anything on your behalf, just getting you through to the phone queue.

gonna try this tonight been trying to reach edd for 2 weeks straight about my adjudication

This is the important legal framework. Worth adding that the EDD Notice of Determination you'll eventually receive will specifically cite Section 1256 if they deny you for misconduct. That gives you a clear basis to appeal if you disagree with their characterization of what happened.

Okay this is super helpful. On my termination paperwork they never used the word misconduct anywhere - it was all about metrics and benchmarks. Does that work in my favor?

It can help, yes. EDD will look at the actual circumstances not just the label your employer used. But be prepared - your employer may describe it differently on their response to EDD than they did on your paperwork. Happens all the time.

my old manager tried to claim i was fired for misconduct when really they just wanted to cut headcount. edd saw through it eventually but took forever

Oh no this is worrying. Did you have write-up paperwork or formal warnings that they used against you in the initial denial?

yeah i had 2 written warnings which i think is what made edd initially see it as willful. but on appeal i showed that the warnings were related to a medical situation that affected my work and that changed everything. so context matters a lot

This is an important point. Multiple formal documented warnings can sometimes make EDD view it as closer to willful misconduct territory. Not saying you'll get denied OP, but gather any documentation that shows your performance issues had legitimate explanations.

That's really interesting to hear from an HR perspective. They did give me one verbal warning and then jumped straight to termination which felt really abrupt. Is that relevant to EDD's analysis?

Potentially yes. EDD looks at whether the termination was reasonable given the circumstances. Going from zero discipline to termination in a short period without giving you real opportunity to correct the issue can weigh in your favor.

This is solid insight. Employers who do abrupt terminations without clear progressive discipline often have a harder time proving misconduct to EDD's satisfaction.

wish i knew this when i got fired, my employer never even gave me a warning and edd still denied me first time around. had to appeal

No union at my place unfortunately. And I don't know the industry breakdown thing - good question though

Industry doesn't technically factor into the legal standard but it's true that some roles have stricter safety-related conduct expectations. A warehouse worker who violates safety protocols repeatedly could face a higher bar than an office worker with the same issue. But performance numbers alone should be fine across industries.

Yeah the phone thing has been the most frustrating part honestly. Feel like I'm shouting into a void

That's exactly why I mentioned Claimyr earlier - claimyr.com really does solve the can't-get-through problem. Not trying to spam it but genuinely it changed my experience with EDD completely. The video demo at https://youtu.be/JmuwXR7HA10 explains it well if you want to see before trying it.

ok actually might check that out because I have my OWN ongoing issue with EDD that I've been trying to get someone to answer for months

Not really in terms of speed - both will typically go to adjudication because a separation by termination (vs. layoff) almost always requires EDD to investigate the circumstances. The difference is in the outcome, not the processing time.

oh okay that makes sense, mine has been in adjudication for 6 weeks and i didn't know if it was because of the reason i was fired or just the usual edd backlog

6 weeks is definitely on the longer side but not unheard of. Have you been able to reach anyone at EDD to check on it? At that point it might be worth actually talking to an agent to make sure there isn't something additional they need from you.

I'm glad I filed right away then even though I wasn't sure I'd qualify. Didn't want to risk losing weeks.

yeah you did the right thing. i learned that lesson the hard way and lost like $1800 in benefits i would have gotten if i just filed immediately

this is such important advice. edd has very limited backdating and people lose real money by waiting. always file first, figure it out second

This is gold, thank you. Did EDD contact you directly asking for your statement or did you have to proactively send something in?

They mailed me a questionnaire - I think it's called an EDD DE 1080 or something similar - asking me to describe the circumstances of my separation. Fill it out thoroughly and mail it back promptly. Don't leave anything blank.

Correct, that questionnaire is critical. EDD uses it to get your side of the separation. A lot of people don't realize how important it is and either don't fill it out fully or don't send it back at all, which basically lets the employer's version be the only one on record.

I cannot stress this enough. My first denial was largely because I didn't explain myself well on that questionnaire. On appeal I submitted a more detailed written statement and it made a huge difference.

Yes, you still need to meet your job search requirements even during adjudication. California EDD requires you to make a minimum of one job search contact per week and keep a job search record. If you're approved and then EDD audits your job search activity and finds you didn't do it during adjudication weeks, those weeks could be disqualified even if the misconduct issue was resolved.

ughhh okay fine. is the job search record something you turn in or just keep in case they ask?

You keep it in your records in case EDD requests it. They don't require you to submit it with each weekly certification but you need to have it available if audited. Use CalJOBS to document your search activity since EDD can verify it there.

Thank you for this, genuinely. The waiting really is the worst part, I just want to know one way or the other.

I know, I remember that feeling so well. Just keep doing your weekly certifications, document your job search, and try not to spiral. You did everything right by filing immediately.

good to hear success stories on here, sometimes this forum can feel like only the horror stories get posted

I'm really hoping I don't need to appeal but good to know the option exists and has a hard deadline. I'll definitely watch for that notice.

Keep an eye on both UI Online and your physical mail. EDD still mails a lot of official communications even if you've set up electronic notifications. Don't ignore physical mail from EDD during this period.

30 days is the critical window and it goes fast, especially if the notice sits in your mailbox for a few days before you check it. Some people have successfully argued for late appeals due to circumstances but it's not guaranteed. Treat that deadline as absolute.

That's exactly what I want - just someone to tell me what stage my specific claim is at. I can handle waiting if I at least understand what's happening. Definitely going to try Claimyr, the not knowing is killing me.

same, I just want someone to confirm they actually have my claim and it's moving forward. going to check that service out

that's literally all I needed too. the EDD system online doesn't give you much detail so hearing a human say 'yep we have it, it's in review' just completely changed how I was feeling about the whole thing

wish this was posted at the top of every google search result for 'fired unemployment' because so many people don't file just because someone told them they can't get it

Exactly, the misinformation is everywhere. Even a lot of employers tell employees 'you won't qualify' when they terminate them, which is just not accurate for the majority of performance-based situations.

As someone in HR I can confirm that some managers absolutely do tell employees this knowing it's misleading. They do it to discourage claims because employer UI tax rates go up with more claims. It's not exactly illegal to say but it's absolutely designed to discourage people from exercising their rights.

Wow I had no idea employers had a financial incentive to discourage claims. My manager literally said 'you won't be eligible' when I was let go. I'm glad I filed anyway.

Will do! Going to get my job search documentation organized, go back and certify those missed weeks I didn't know about, and try Claimyr to actually talk to someone about my claim. Really grateful for everyone's responses here.

You've got a solid plan. The fact that you have 4 years of solid employment history before this one difficult quarter is genuinely helpful context. Good luck, come back and let us know how it goes.

fingers crossed for you! the waiting is so hard but sounds like you have good info now at least