Can you get California EDD unemployment when fired from your job?

This is actually really reassuring. So the burden is on my employer to PROVE misconduct? I wasn't fired for stealing or anything like that, just vague 'not meeting expectations' stuff.

yeah my cousin got fired and still got unemployment so it definitely isnt automatic denial. the edd has to look at the actual reason

The employer has to respond to California EDD's fact-finding questionnaire and provide documentation. If they can't back up their claim of misconduct with evidence, EDD typically rules in the claimant's favor.

Wait so they do a whole fact-finding process? What kinds of questions did they ask you?

They asked me stuff like - were you warned? did you receive any formal disciplinary action? did you know termination was possible? were you given a chance to improve? Answer everything truthfully, the more detail the better.

This matches what I've seen. California EDD's fact-finding for termination cases is pretty thorough. They contact both you AND the employer separately. Having your own documentation of the lack of warnings can really help your case.

I've literally been trying to call EDD since Monday with zero luck. I'll check that out, thanks.

does that claimyr thing actually work?? i've been trying to get through to edd for DAYS

It worked for me. I was really skeptical at first but I had an EDD agent on the phone within a few hours. Way better than redialing 800 times.

Just looked at the video demo and it seems pretty straightforward. Definitely worth trying when you can't get through to EDD any other way.

I haven't received any forms in the mail yet. Is the DE 1101CZ separate from the initial claim process?

Yes, it's a separate mailing that comes after your initial claim is processed. It's California EDD's way of getting your side of the termination story. Watch for it carefully and don't let it sit unopened.

Also worth noting - sometimes they contact you by phone for a fact-finding interview instead of or in addition to the form. Make sure your contact number in UI Online is correct and answer calls from unfamiliar numbers during business hours.

That's actually a case where it could go either way. Chronic absenteeism or tardiness after written warnings CAN be considered misconduct. But without proper documentation from the employer showing the warnings were issued, even those cases can be won on appeal.

yeah she ended up winning her appeal so i guess the employer didn't have good enough proof

That's really good to know from the employer side. I genuinely never received a single written warning in almost two years.

Then you're in a much better position than you think. California EDD isn't going to take the employer's word for it without evidence. Document everything you remember - dates, what your supervisor said, anything.

this is super helpful perspective. i always assumed employers automatically win these disputes

Smart idea, I'm going to do that today while everything is still fresh in my memory.

Same advice I'd give. Also save any emails, texts, or messages from your employer if you have them. Even informal stuff can be useful.

Not a dumb question at all. Yes, termination cases almost always trigger adjudication because California EDD needs to determine if you were fired for misconduct. Voluntary quit and termination are the two main separation reasons that require adjudication. Layoffs typically don't require it.

ugh ok so im definitely in for a wait then. i got fired two weeks ago and still nothing

Two weeks into adjudication for a termination case is still pretty normal. The process typically takes 3-6 weeks currently. Make sure you keep filing weekly certifications every week without fail.

Five weeks is a long time to go without income. Did you have any savings to bridge that gap?

Barely. It was really stressful. That's actually why I ended up calling EDD to ask if there was any way to expedite it. Couldn't get through for a week until I tried Claimyr. The agent told me my case was progressing normally and to just keep certifying weekly.

Based on that list, what happened to me definitely sounds like the non-misconduct category. Nothing intentional or malicious at all.

If your employer's only claim is vague performance issues with no documentation, California EDD will likely rule in your favor. The standard is whether a reasonable employee would understand their job was at risk based on prior discipline.

This breakdown is really clear, I wish I'd seen something like this when I was going through my own claim.

That's not entirely accurate for termination cases. California EDD actually approves a significant number of termination claims at the initial determination stage when the employer can't substantiate misconduct. The initial denial rate is higher for quit cases than termination cases in my experience.

fair enough i mostly dealt with a quit situation so maybe different

For what it's worth, you should always appeal if denied regardless of separation reason. The appeal process through the California Unemployment Insurance Appeals Board exists precisely because EDD doesn't always get it right the first time.

This is really encouraging to hear. Did they ask for any additional documentation or did the fact-finding questionnaire cover everything?

Just the questionnaire for me. I was really detailed in my answers and I think that helped. I basically told the whole story with as much context as possible.

There's no formal expedite process for adjudication specifically. However, if you're in financial hardship, you can inform California EDD. The main thing you can do is make sure you've responded to any fact-finding requests quickly and completely. Delays in your response extend the timeline.

The fastest way I found to get any status update was to actually get an EDD agent on the phone. I used Claimyr (claimyr.com) after about a week of failed call attempts - there's a demo at https://youtu.be/JmuwXR7HA10 showing how it works. The agent I spoke with confirmed all my documents were received and gave me a rough timeline estimate.

ok im gonna try that claimyr thing this week, ive been going crazy wondering if they even got my fact finding response

Is the appeal process complicated? Do you need a lawyer?

You don't need a lawyer but you can bring one or a representative if you want. It's a hearing with an Administrative Law Judge. You present your case, your employer presents theirs, judge asks questions. Many people represent themselves successfully.

To add to this - free legal help is available through Legal Aid organizations in California for unemployment appeals if you can't afford a lawyer. California Rural Legal Assistance and Bay Area Legal Aid both have experience with UI appeals.

Wait, do I have to do job search activities while in adjudication? I thought that only kicked in after approval.

California EDD technically requires job search activities from the week you file, not from when you get approved. You certify to having completed them when you file your weekly claim. It's a good habit to start immediately.

yes this is important! I didn't know this when I first filed and had to scramble to document activities retroactively. Keep a running log with employer names, contact methods, and dates.

Yes - employers pay into the UI system through payroll taxes and their 'experience rating' (essentially their tax rate) can be affected when former employees successfully collect unemployment. That's actually why some employers fight claims even when they know they're on shaky ground - they don't want their rates to go up.

interesting, so they actually have financial motivation to fight it even if they don't really have a strong case

Exactly. Which is why California EDD has an adjudication process rather than just taking the employer's word for it. Both sides get to present their case.

Will definitely update. Currently at day 6 of adjudication. Just submitted my second weekly certification. Trying to stay calm and keep applying for jobs in the meantime.

That's exactly the right mindset. You're doing everything correctly. Wishing you a fast approval.

This whole thread has been incredibly helpful. I feel so much less panicked than I did this morning. Thank you everyone.

Good luck! Come back and let us know how it goes. Your situation sounds like a strong case based on what you've described.

rooting for you!! and remember 30 days to appeal if needed, mark it on your calendar the day the determination letter arrives

That actually happens fairly often. If the employer doesn't respond to California EDD's request for information within the required timeframe, EDD will typically rule based on the claimant's account alone. Non-responding employers lose a lot of cases by default.

yeah my old boss was terrible at paperwork so honestly not surprised

This is why it's so important to respond to EDD promptly as a claimant - the system actually rewards participation and penalizes non-response from either party.

Oh this is a great tip I wouldn't have thought of. Going to start doing this for every certification I file.

Also screenshot the confirmation page after you submit fact-finding responses. Just in case there's ever any question about whether you responded.

100% agree on this. I keep a folder on my desktop with screenshots of every California EDD interaction. Saved me during an overpayment dispute last year.