Can you get unemployment after being fired in California? My EDD claim situation

Oh wow okay that's a huge relief. So the adjudication process is basically them figuring out if it counts as misconduct?

Exactly. During adjudication California EDD contacts both you and your former employer to get both sides. They'll ask you to explain what happened and your employer has to provide documentation of the alleged violation. If they can't show you knowingly broke a clear policy, misconduct is hard to prove.

This is correct. California defines misconduct pretty specifically - it has to be a willful or wanton disregard for the employer's interests. Accidentally violating a policy you didn't know existed typically doesn't meet that bar.

Did they contact you by phone or mail during adjudication? I'm not sure what to expect.

they mailed me a form to fill out and then called me once to ask follow up questions. answer everything quickly dont let anything sit

I've been trying to call EDD for days with zero luck. Definitely going to look into this, thanks.

second this, calling EDD on your own is basically impossible during certain times. anything that helps you actually reach a human is worth it

Yeah the rep I spoke to was actually really helpful and explained exactly where my claim was in the adjudication process. Made a huge difference knowing what was actually going on.

You're partially right - if the employer doesn't contest, EDD may approve quickly without a full adjudication interview. But claims involving termination often do trigger at least a review even without a formal employer contest, especially if the separation reason field indicates 'discharged.

okay fair point i guess my old employer just didnt bother responding lol

this happened to a buddy of mine too, employer never replied and he was approved fast. definitely not guaranteed though

The weekly benefit amount calculation is completely separate from the eligibility determination. EDD calculates your benefit amount based on your base period wages (the 12-month period roughly 5-17 months before you filed). How you were separated affects whether you qualify, not how much you receive if you do qualify.

oh okay that makes sense thank you. so theoretically two people fired for different reasons could get the same weekly amount as long as their wages were the same

Correct. The benefit amount formula is strictly mathematical based on your highest earning quarter in the base period. A person who quits and gets approved, someone laid off, and someone fired and approved would all get the same amount if their wages were identical.

Wait seriously?? I haven't been certifying because I assumed I had to wait for approval first. I need to fix this right now.

Yes go certify ASAP! You can backfill missed certifications by calling EDD directly. Don't wait any longer on this one.

THIS IS SO IMPORTANT and nobody tells you. I also missed my first two weeks of certifications for the same reason. The weekly certifications are separate from the adjudication determination - you're supposed to certify starting from the week you filed regardless of claim status.

Adjudication is what happens BEFORE a decision is made - it's when EDD is investigating the circumstances of your separation to determine eligibility. An appeal is what you file AFTER EDD makes a decision if you disagree with that decision. So adjudication comes first, appeal comes after if needed.

ohhhhh okay that totally makes sense now. so im in adjudication right now and i only need to worry about an appeal if they deny me

Exactly right. And if you do get denied after adjudication, you have 30 days from the decision date to file an appeal with the California Unemployment Insurance Appeals Board (CUIAB). Keep that deadline in mind just in case.

That's a really good point about losing access to company systems. I still have my old work email login but I should probably download anything relevant quickly.

Yes do it NOW. Many companies terminate system access within 30 days and sometimes much sooner. Any emails where your employer discusses policies, any performance reviews, any HR communications - save copies of everything.

Adding to this - also write down everything you remember about conversations with your supervisor or HR about the alleged policy violation, dates, times, who was present, what was said. Even handwritten notes can be useful if you end up needing to appeal.

Oh my gosh thank you for saying this. I've gotten a few things in the mail that I haven't opened yet because I didn't recognize the return address.

open everything immediately!! EDD sends stuff from Sacramento and the return address might not say EDD on it

Also check your UI Online inbox - EDD sometimes sends notices digitally through the portal that they don't send by mail, depending on your notification settings.

Glad you mentioned this again - I tried calling EDD this morning and got disconnected after waiting 45 minutes. Going to try Claimyr today.

does it actually work? seems almost too good to be true that there's a way to get through to EDD

I was skeptical too honestly but yes it worked for me. You can watch the demo at https://youtu.be/JmuwXR7HA10 before deciding. I just needed to actually talk to someone and it made that possible.

This is incredibly helpful, thank you. Feeling a lot better about my claim now.

This is the answer right here. So many people don't file because they think being fired is automatic disqualification. FILE ANYWAY, worst they can say is no and then you can appeal.

Saving this comment. The number of people I know who didn't file because they assumed being fired meant automatic denial is so frustrating.

This is actually really common. EDD adjudication is essentially your word vs. your employer's, and EDD has to weigh the credibility and evidence from both sides. Your employer has the burden to prove misconduct - they can't just say 'misconduct' without documentation. If you have evidence contradicting their reason, present it.

Correct - in California the burden of proof for misconduct in a discharge case falls on the employer. If the employer's account is inconsistent, lacks documentation, or you can show a different narrative with evidence, that works in your favor during adjudication and especially during any appeal.

okay good because my old manager is definitely going to exaggerate or make stuff up. i have text messages that show a completely different story

How long was the phone interview? Was it intimidating?

Mine was about 20 minutes. The interviewer was actually pretty neutral and professional, not adversarial. They just want the facts. Having my notes in front of me helped me stay calm and not forget anything important.

Same experience here. The EDD interviewer isn't trying to trap you - they literally just need information to make a determination. Being organized and factual is the best approach.

Unfortunately yes, adjudication timelines vary a lot. Straightforward cases can resolve in 2-3 weeks. More complex ones involving back-and-forth with employers can take 6-10 weeks or longer. Keep certifying every week no matter how long it takes.

6-10 weeks is brutal when you have no income coming in. Is there any way to speed it up?

Calling to check in and make sure they have everything they need can sometimes help. If you can't get through by phone, Claimyr (claimyr.com) helped me actually reach an agent to check on my claim status. At minimum you want to make sure the hold isn't because of missing information on your end.

Yes, but you must report ALL earnings when you certify for each week, even during adjudication. If you're approved retroactively, those weeks where you earned wages will have a reduction applied. California EDD uses a formula where you can earn up to 25% of your weekly benefit amount before your benefits start reducing dollar for dollar.

okay so i should still report the part time work even though nothing has been paid out yet

Absolutely - always report earnings accurately regardless of your claim status. Failure to report earnings, even during adjudication, can result in an overpayment determination later which creates a whole separate problem.

This is so important. Do NOT wait to report earnings thinking it will be sorted out later. Report everything accurately every single week, it will all get calculated correctly once your claim is approved.

That's really discouraging to hear but I appreciate the honesty. At least you won in the end.

Yes the appeal hearing was actually much better than adjudication - you get to present your case in front of an administrative law judge and your employer has to actually show up and be cross-examined. I should have been more prepared but I still won.

Appeals actually have a pretty decent success rate for claimants who were denied for misconduct when there's genuine ambiguity. The CUIAB hearing gives you a real opportunity to present your case. Don't give up after an initial denial.

Same here, this thread basically answered every question I had. Feeling way more prepared now.

Good luck to everyone in this situation. File, certify every week without fail, respond to all EDD communications quickly, keep documentation, and don't give up if you get an initial denial. The system can be slow and frustrating but there are real paths through it.

This is so encouraging thank you for coming back to update!! Gives me hope.

congratulations!! this is what people need to hear. the system can work if you present your case clearly

Really glad to hear this. Outcomes like yours are why it's always worth filing even when you feel uncertain about eligibility.

love a good update post. congrats and hope OP gets the same result soon