Can you get unemployment if fired? My California EDD claim experience

Wait so performance issues don't disqualify you? My employer might say I wasn't meeting quotas but I was never formally written up for it.

Correct. Poor performance alone is generally not considered misconduct under California UI law. Lack of ability is different from intentional wrongdoing. The burden is actually on the employer to prove misconduct, not on you to prove you're innocent.

This is really good info. I had no idea there was a distinction between being fired for performance vs misconduct. Wish I'd known this when I got let go two years ago.

I did get a questionnaire in the mail! I filled it out but I wasn't sure how detailed to be. I basically just said I was terminated without cause and didn't receive any written warnings.

That's actually a solid response. Keep it factual and simple. Don't volunteer extra information that could be used against you. The less you overthink it the better honestly.

THIS. I wrote a novel on mine explaining every little thing and looking back I probably said stuff that hurt my case. Simple and factual is the move.

I've been trying to call EDD for days and keep hitting the automated system that says to try again. I'll check that out, thanks.

seconded on claimyr, used it when my adjudication was dragging on forever and finally got answers. the phone line situation with EDD is genuinely impossible otherwise

Does it actually work? I've seen it mentioned a few times but I'm always suspicious of stuff like that

I mean I was skeptical too but yeah it worked for me. Got through to an agent within a reasonable wait time instead of just getting a busy signal over and over. The video demo at the link explains it better than I can.

Oh wow I didn't realize I was supposed to keep filing weekly certifications during adjudication. I stopped after week 2 because I thought I had to wait for a decision. Will I lose those weeks?

You should contact EDD about those missed weeks. Sometimes you can submit a late certification but there's no guarantee. This is actually a really common mistake. Going forward keep certifying no matter what.

ugh this happened to me too, nobody tells you this and then you lose weeks of payments you were entitled to. so frustrating

Did your employer actually contest your claim? Mine might try to fight it.

yeah they submitted a response saying i violated company policy but they couldnt provide documentation of warnings or anything in writing. EDD sided with me. document EVERYTHING on your end

How long does the appeals process take if I need to go that route?

It varies but typically a few weeks to a couple months from when you file the appeal to when the hearing is scheduled. You have 30 days from the date of a denial to file your appeal so don't wait around if you get bad news.

can confirm the appeals process is worth it. got denied initially, appealed, and won. the hearing was over the phone and honestly not as scary as I expected

I definitely was fired, I did not resign. Though my employer did suggest I could resign 'to preserve my record' and I said no.

Good call honestly. Resigning could have complicated your claim significantly. Being fired puts the burden on EDD/employer to establish misconduct.

the 'resign to save face' thing is such a trap. glad OP didn't fall for it

Not automatically, no. Insubordination claims are very fact-specific. A single incident of disagreeing with a manager typically isn't enough. It would have to be something like repeatedly refusing direct lawful orders. EDD will look at the circumstances, whether it was a pattern, and whether it was intentional. Make sure you tell your side of the story clearly in your questionnaire.

oh thank god. i refused to do something i thought was unsafe and they called it insubordination. that seems like it should be protected right?

Refusing to perform work you reasonably believed was unsafe can actually be a protected activity under California labor law. Definitely explain that context clearly in your EDD questionnaire and any appeal if needed.

It can complicate things slightly but doesn't automatically disqualify you. Even if your performance was a factor, EDD still looks at whether it rose to the level of willful misconduct. Struggling with performance and not being given adequate support or a performance improvement plan is different from intentionally wrongdoing. File the claim and see what happens.

okay that's reassuring thank you. my manager never put me on a PIP or gave me any formal warning so hopefully that helps

No PIP, no written warnings = strong position honestly. Keep that in your back pocket if you need to explain your situation to EDD.

The basic eligibility rules are the same regardless of industry under California UI law. The only real exceptions are for certain agricultural workers, independent contractors (who generally don't qualify), and some domestic workers. Standard W-2 employees have the same rights regardless of field.

Good to know. I'm a regular W-2 employee so sounds like the same rules apply to me.

This is so helpful to hear, thank you. Did they give you much notice before the phone interview?

I think I got maybe 5-6 days notice. The notice came by mail AND they sent a message through UI Online. Check both. And pick up ANY unknown number during that window because sometimes they call without scheduling it formally.

the 'pick up any unknown number' advice is SO real. I missed my EDD call once and it set my whole timeline back by two weeks

Yes this is one of the biggest misconceptions out there. Employers often write 'terminated for cause' on paperwork and claimants assume they're automatically ineligible. Under California UI law, 'cause' has a much lower bar than 'misconduct.' File your claim, respond to any questionnaires, and let EDD make the actual determination.

Filing today. Thank you for this.

Yeah this is true. I've seen cases where the employer just didn't respond and the claimant was approved without much back and forth. Big companies are usually better about responding because they have HR departments that handle it.

My former employer is a fairly large company so they'll probably respond. Good to know what the process looks like though.

With large employers their response will likely be pretty standard and formulaic. The questionnaire you fill out is your chance to give the specific details that the employer's form response might not capture.

Did you have to give them a lot of personal info to use it?

It's pretty straightforward to use, just handles the phone queue process so you actually get through instead of getting the 'call volume too high' message endlessly.

I really need to try this. I've been calling EDD every single day and getting nowhere.

I didn't know the job search requirement was 3 employers per week. Is that consistent or does it change?

It's been 3 for a while now in California. EDD can audit your job search activities so actually keep real records - dates, company names, how you applied, contact info. Don't just make stuff up or you could get an overpayment notice later.

Correct on 3 employer contacts per week. And for clarification - it doesn't have to be formal applications every time. Phone inquiries, submitting a resume, attending a job fair can all count. Just document it.

Congrats! That gives me hope. How long did the whole adjudication take for you start to finish?

About 5 weeks from when I filed to when I got the determination letter. I know that sounds long but it went faster once I talked to an agent through Claimyr and confirmed my interview had actually been processed. The uncertainty was the worst part.

5 weeks is about average from what I've seen. Some people get resolved faster if employer doesn't contest. Good outcome though congrats

Is CalJOBS required or is it just recommended?

It's technically required that you register with CalJOBS when you file for UI benefits in California. Most people do it during the initial claim filing process. If you haven't done it yet make sure your registration is complete and start logging your job search activity there too.

Yeah CalJOBS registration is part of the initial claim setup. If OP did the online filing they were probably walked through it but easy to forget since there's so much to do all at once when you first file.

Agreed. I came here completely panicking and feeling like my situation was hopeless. Now I actually understand what's happening with my claim and what I need to do. Will update when I get my determination.

Good luck OP. Your situation sounds like a solid case honestly. No written warnings, no documented misconduct, employer terminated without clear cause. EDD is going to need actual evidence of misconduct to deny you and it sounds like your employer may not have it.

Rooting for you. Come back and update us - threads like this help the next person who searches 'can you get unemployment if fired in California' and ends up here just as stressed as you were.