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Ava Thompson

Can you get unemployment if you get terminated in California? EDD eligibility explained

So I just got terminated from my job yesterday and I'm in full panic mode trying to figure out what my options are. I worked at a logistics company for about 2 and a half years, showed up consistently, hit my numbers, and then out of nowhere my manager calls me in and says they're letting me go. No write-ups, no warnings, nothing in my file as far as I knew. HR just handed me a termination letter that said 'performance issues' which honestly blindsided me completely. My main question is whether I can actually get unemployment if I got terminated. I always assumed unemployment was only for layoffs but someone at my job told me termination can still qualify depending on the reason. I have no idea if that's true or not. I'm trying to figure out if it's even worth applying to California EDD or if I'm just going to get denied and waste my time. Does the reason for termination matter? Does it matter that my employer might contest it? I have some savings but not much and I really need to understand my options fast.

Yes, you absolutely can get unemployment benefits if you were terminated — the key factor California EDD looks at is whether you were fired for 'misconduct' as defined under California unemployment law. Just being let go, even for performance reasons, does NOT automatically disqualify you. 'Misconduct' under California law has a pretty specific legal definition. It generally means intentional wrongdoing, deliberate violations of company policy, or behavior showing a willful disregard for your employer's interests. Poor performance alone, especially if it wasn't intentional or willful, typically does NOT meet that bar. So if you genuinely weren't trying to underperform and there were no documented disciplinary actions, you have a solid argument for eligibility. File your claim with California EDD as soon as possible because your benefit year starts from the week you file, not the week you were terminated.

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This is exactly right. I got terminated for 'not meeting productivity standards' and was terrified I'd be denied. Filed anyway and got approved after a short adjudication period. California EDD actually investigated and found my employer couldn't prove misconduct.

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This is really helpful, thank you. So even if my employer puts 'performance issues' on the termination letter that doesn't automatically mean I'm disqualified? That's a relief to hear. I was assuming the worst.

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yeah performance is not the same as misconduct just fyi. my cousin got fired for being too slow at her warehouse job and got unemployment no problem

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The most important thing to understand is this: under California unemployment law, the burden of proof is actually on your EMPLOYER to prove misconduct, not on you to prove you deserved to be fired. California EDD will send a questionnaire to your former employer asking them to explain the reason for separation. If they can't document specific incidents of willful misconduct, you're likely to be approved. Things that DO count as misconduct: theft, harassment, intentional insubordination, repeated policy violations after documented warnings. Things that typically DON'T count: being bad at your job, being slow, making honest mistakes, not fitting the company culture. File your claim at UI Online on the California EDD website right away and be honest about what happened.

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Wait so they actually have to PROVE it? I thought I'd have to prove I didn't do anything wrong. That changes things a lot. My employer has zero documentation on me as far as I know.

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Exactly. And even if they do respond saying misconduct, California EDD will still give you a chance to tell your side. Don't just accept a denial if you get one — you have the right to appeal within 30 days.

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this whole burden of proof thing saved me. employer claimed i was insubordinate, i told edd my version, they sided with me. always fight it

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I was in almost the exact same spot about 8 months ago — got terminated after 3 years with a company, they cited 'attitude problems' and I was devastated thinking I'd get nothing. After filing I got hit with an adjudication hold for about two weeks while California EDD sorted out the separation reason with my former employer. The waiting was brutal and I desperately needed to talk to someone at EDD to understand what was happening with my claim. I must have called 40+ times and got nowhere. Someone in a thread like this one actually mentioned a service called Claimyr that helps you get through to a live California EDD agent without spending hours redialing. I checked out their site at claimyr.com and watched their demo video at https://youtu.be/JmuwXR7HA10 and figured I had nothing to lose. Got connected to an actual EDD rep within the same day and was able to ask directly about my adjudication status and what documentation they needed. Claim got resolved shortly after. Would not have survived that period without being able to actually talk to someone.

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Oh wow I didn't know that was a thing. The phone situation with EDD already sounds like a nightmare based on everything I've read. Good to have that in my back pocket if I hit a wall.

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I've heard about Claimyr from a few people now. Does it actually work or is it just one of those things that sounds good but doesn't deliver?

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It worked for me. I was extremely skeptical but I'd already wasted days trying to get through on my own. The claimyr.com site explains how it works, there's also that video at https://youtu.be/JmuwXR7HA10 that shows the process. Definitely worth checking out before you lose your mind redialing.

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saved this comment. already dreading dealing with edd phones after my own layoff situation last year took forever to resolve

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Few practical things to know when you file: 1. File your initial claim at UI Online as soon as possible — you can't backdate claims so every day you wait is a potential payment you lose 2. Be very specific and honest when describing your separation. Don't volunteer extra info but don't lie either 3. After filing you'll likely receive a Notice of Unemployment Insurance Award (or a denial) within a few weeks 4. If your claim goes to adjudication because the employer disputes it, don't panic — this is extremely normal when a termination is involved 5. Check your UI Online account AND your physical mail because California EDD sends important notices by mail including any questionnaires you need to respond to 6. Respond to ANY mail from EDD immediately — missing deadlines can hurt you badly Also make sure you meet the base period earnings requirements. Generally you need to have earned enough wages during the base period (first four of the last five completed calendar quarters) to qualify.

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The mail thing is a good call — I probably would have just been watching UI Online and ignored physical mail. I'll keep an eye on both. And yes I definitely earned enough to qualify, I was full time at decent wages for 2.5 years.

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Cannot stress the mail point enough. I almost missed a questionnaire California EDD sent me during my adjudication because I thought everything would be online. Would have been a disaster.

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do u have to report to the edd office in person for anything? asking for myself too lol

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can I just say the terminology around this stuff is SO confusing?? like I never knew there was a difference between being 'laid off' and 'terminated' when it comes to EDD. I thought terminated meant automatically denied. went through this myself 6 months ago, got fired for supposedly not following procedures, and spent like a week convinced I was just going to get nothing. applied anyway because what did I have to lose and turns out my employer couldn't prove anything. whole process took about 3 weeks for adjudication to clear but I did get approved and started receiving payments. moral of the story: just apply no matter what, don't disqualify yourself before EDD even has a chance to look at your case

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This is exactly what I needed to hear. I was basically talking myself out of even applying. Thank you.

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same experience here. the word 'terminated' sounds so final and bad but it really doesn't mean what you think it means for unemployment purposes

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Correct — in California unemployment law the distinction that matters is not 'layoff vs. termination' but rather whether the reason for the termination meets the legal definition of misconduct. A no-fault layoff is the most straightforward path to benefits but a termination for non-misconduct reasons qualifies too.

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ok so genuine question — what if your employer LIES about the reason? like what if they tell EDD it was misconduct when it really wasn't? does EDD just believe whatever the employer says??

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No, California EDD doesn't just rubber stamp whatever the employer says. They conduct an investigation, gather information from both sides, and make a determination based on documented evidence. Employers who claim misconduct need to back it up with documentation. If your employer lies and can't produce evidence, that works in your favor.

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Also worth noting: if you feel the employer misrepresented things and you get denied, you have 30 days from the denial notice date to file an appeal. The appeal goes to an Administrative Law Judge who hears both sides. Employers have to show up and actually prove their case at that level or you typically win.

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ok that's actually reassuring. my situation is kinda similar to OP's and I was terrified my old employer was going to make stuff up. good to know there's a real process here

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One thing I want to add that nobody's mentioned yet: when you're filling out your initial California EDD application, there's a section where you describe the reason for your separation in your OWN words. Take this seriously. Don't write one sentence. Explain clearly and calmly what happened from your perspective. Mention that there were no prior write-ups or warnings. Mention that you were not informed of any performance issues through official channels. The more context you give EDD upfront, the better equipped they are to evaluate your case without having to go deep into adjudication. I've talked to a few people who wrote basically nothing in that box and then had longer delays because EDD had to reach out for more info.

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Really good point. I'll make sure to write a thorough explanation. Should I mention that I'm disputing the 'performance issues' characterization or is that too aggressive?

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Not too aggressive at all — you're not there to be polite to your former employer, you're there to accurately represent your situation to EDD. You can say something like 'I was not previously informed of any specific performance concerns and received no written warnings or disciplinary documentation during my employment.' That's factual and professional.

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this is the best practical advice in this thread honestly

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I got terminated about a year ago and made the mistake of NOT applying right away because I was embarrassed and also convinced I wouldn't qualify. Waited almost 3 weeks before filing. By the time my claim was approved I'd already lost out on weeks of potential payments. Don't do what I did. Apply immediately. You can always be found ineligible if you genuinely don't qualify but you cannot go back and claim weeks you didn't file for. The California EDD system doesn't allow backdating under normal circumstances.

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Already planning to file today honestly. This thread has given me enough confidence to just go for it.

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good. do it today. the UI Online portal is pretty straightforward for the initial application

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same mistake i made. cost me like 3 weeks of benefits i couldve gotten. just apply asap

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Something worth knowing: even during adjudication you need to keep filing your weekly certifications. This is a HUGE mistake a lot of people make. They go into adjudication, think everything is on hold, and stop filing. When the adjudication resolves in your favor California EDD can only back-pay the weeks you actually certified for. If you stopped certifying during adjudication you lose those weeks. Keep certifying every single week no matter what your claim status says.

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Wait WHAT. I did not know this. So even if my claim is in adjudication limbo I still have to file weekly certifications?

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Yes absolutely. Log into UI Online every week during your benefit year and complete your weekly certification. Report any work or earnings accurately. Don't stop just because your claim is pending or in adjudication. This trips up so many people.

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Confirming this 100%. Weekly certifications are how EDD tracks which weeks you're claiming. No certification = no payment for that week even if you're eventually approved. Keep filing no matter what.

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omg I didn't know this either and I'm literally in adjudication right now. going to file my cert tonight thank you

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does anyone know how long adjudication usually takes when it's a termination situation? my friend just got fired and is wondering how long before she finds out

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Varies quite a bit but typically 3-6 weeks for termination-related adjudications is common, though it can go longer if California EDD is backed up or if the employer is slow to respond. The claimant should make sure to respond quickly to any questionnaires EDD sends to avoid adding delays on their end.

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Mine took about 14 days but I was able to speed things up by actually talking to an EDD rep through Claimyr at claimyr.com — I was able to confirm they had everything they needed from me and nothing was sitting waiting on my response. Having that direct communication made a real difference. Without the ability to reach someone I'd have just been guessing.

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mine was 3 weeks. honestly not as bad as i expected but felt like forever when i was waiting for money

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I want to address something that comes up a lot in these conversations: 'at-will employment' and what it means for unemployment. Yes, California is an at-will employment state meaning your employer can fire you for almost any reason (or no reason). BUT — and this is important — 'at-will' does NOT mean you automatically lose unemployment eligibility. At-will employment is a legal concept about whether your employer can fire you. Whether you QUALIFY for unemployment is a completely separate question governed by completely separate law. Your employer being legally allowed to terminate you has zero bearing on your California EDD eligibility. EDD looks only at whether the termination reason constitutes 'misconduct' under UI law.

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This is genuinely something I've seen people get confused about constantly. Thank you for spelling it out so clearly.

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My employer actually said 'California is at-will so you have no recourse' when I asked about the termination. I thought that applied to unemployment too. This clarifies a lot.

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Yeah employers sometimes deliberately blur that line hoping you won't file. The at-will doctrine and unemployment eligibility are completely separate legal questions.

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not gonna lie the EDD phone situation is absolutely awful. been dealing with a separate issue on my own claim and I cannot get through to save my life. called yesterday morning like 35 times between 8am and 10am and couldn't get a single human being. the automated system is a nightmare

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Yeah that's exactly why I mentioned Claimyr earlier in this thread — I was in that exact same situation, calling endlessly and getting nowhere. The service at claimyr.com connects you to a real EDD agent without the constant redialing. Check the demo at https://youtu.be/JmuwXR7HA10 if you want to see how it works before committing. Honestly saved me significant stress during my adjudication.

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honestly going to look into that. I'm losing my mind trying to get answers and the hold music is haunting my dreams at this point

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the EDD phone system is genuinely one of the most frustrating experiences of my life and I've dealt with some stuff. solidarity.

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lmaooo 'hold music haunting my dreams' is painfully accurate

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Quick thing to add about the job search requirement — once you're approved and receiving California EDD benefits, you're required to actively look for work and keep records of your job search activities. You need to make at least three job search contacts per week and document them. This is something a lot of people don't realize going in and then get hit with overpayments or disqualifications during random audits. Keep a real log with employer names, dates, how you applied, and contact info.

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Good to know. I'll start keeping records right away. Is there a specific format EDD requires for the job search log?

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California EDD doesn't mandate a specific format but they want the basics: employer name, contact info, position applied for, method of contact (online, in person, email), date. A simple spreadsheet works fine. The important thing is that you actually have records if you're ever audited.

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also make sure you report any work you do during the week on your weekly cert even if it's just a few hours of gig work or a temp job. reporting accurately protects you from overpayment issues later

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I'm in a slightly different situation — I was terminated but I'm also wondering if I'd qualify since I had a second part-time job I kept throughout. Does having that second job affect whether you can get unemployment at all?

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Having a second job doesn't disqualify you from filing, but you'll need to report earnings from that part-time job on your weekly certifications. California EDD will calculate a partial benefit amount based on how much you're still earning. You generally need to be earning less from the remaining job than your weekly benefit amount to continue qualifying for partial benefits.

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Right — this falls under California EDD's partial unemployment rules. Your weekly benefit amount gets reduced by a formula based on your part-time earnings. It's not all or nothing. Even if you're working part-time you may still be entitled to partial benefits from your terminated job.

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Oh interesting. So I should still file and just report the part-time income accurately? I was worried the part-time job would just knock me out entirely.

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can someone clarify something — when EDD says they're 'investigating' the separation reason does that mean like detectives or something lol. my coworker said they have people that call your old managers and stuff. is that true

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Ha, not detectives. What happens is California EDD sends a written questionnaire to your former employer asking them to document and explain the reason for separation. The employer submits their account in writing. EDD reviews both your account and the employer's account and makes a determination. It's a paper/phone investigation, not a private eye situation.

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ok good lol. I was picturing like undercover agents showing up at my old job. that makes way more sense

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😂😂😂 the image of EDD undercover agents is going to stick with me

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Real talk: I work in HR (not for your former company obviously) and I can tell you that many employers, especially larger companies, use third-party unemployment claims management services that respond to EDD on their behalf. These services are specifically designed to challenge unemployment claims and reduce what employers pay into the system. This is very common and it's nothing personal — it's just business. Don't be caught off guard if you get a notice that your claim is being contested. It doesn't mean your employer is out to get you specifically. Prepare your documentation and respond thoroughly and promptly.

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This is actually really useful context. So even if my old manager personally liked me, the company's third party service might still contest my claim automatically?

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Exactly. Many large employers have contracts where the third-party service automatically responds to every single unemployment claim with some level of contestation regardless of the specific situation. It's a volume game for them. Don't take it personally, just respond carefully and document everything.

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Can confirm this is a thing. My employer used one of these services, contested my claim automatically, and I still won because they couldn't produce documentation of actual misconduct. The system still works if you engage with it properly.

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wow I had no idea this was happening behind the scenes. no wonder so many claims end up in adjudication

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Something nobody has asked yet: what are you going to do about income while you wait for EDD to process? Adjudication can take a few weeks and even an approved claim takes time to get payments flowing. Do you have savings to bridge the gap? Asking because I've seen people get into real financial trouble during the processing window thinking benefits were going to start immediately.

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I have about 6 weeks of savings if I'm very careful. Hoping that's enough to bridge the gap. That's part of why I wanted to get the claim in TODAY rather than waiting.

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6 weeks is actually pretty solid as a buffer. File today, keep certifying weekly, and stay on top of any mail or online notices. Most straightforward termination adjudications resolve within that window. Good luck.

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yeah the gap between filing and first payment is real. glad you have a cushion. definitely file today

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went through this exact situation last spring. terminated after 4 years, employer called it 'conduct issues' which was vague and I was terrified. the adjudication process was stressful but ultimately resolved in my favor. one thing I'd add to everything else in this thread: take notes on every single interaction you have with EDD. write down dates, times, who you spoke with if you reach someone by phone, what was discussed. if something goes sideways down the road those notes can be really valuable for an appeal.

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Notes on every interaction — yes, doing that. Really good advice.

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This is excellent advice. Also screenshot your UI Online account status regularly. Having documentation of what your status showed on specific dates can be helpful if there are ever questions about timelines.

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I genuinely cannot believe how complicated this system is for people who just lost their jobs and are stressed and scared. Like OP said, first time through this process, already panicking, and then you have to become a part-time unemployment law expert just to get benefits you're entitled to. The system should not be this hard to navigate. Venting into the void here but ugh.

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No I feel this completely. I spent half of yesterday just trying to understand terminology before I could even think about whether I qualify. It really is a lot.

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100%. and the phone situation on top of it makes it even worse. at least forums like this exist where people actually explain stuff in plain language

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seriously though. the EDD website itself is not exactly user friendly either. I've read the same page 4 times and still wasn't sure what it was telling me

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update us when you hear back OP! rooting for you. sounds like you have a strong case based on everything described here. no documentation, no warnings, employer calling it 'performance' without specifics — that's a tough case for them to prove misconduct. you should be okay if you engage with the process properly.

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Will definitely update. Filed my claim about an hour ago actually. Already feeling better just having done something rather than sitting here panicking. Thank you to everyone in this thread — this has been incredibly helpful.

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Great move filing quickly. Now just keep those weekly certifications going, watch your mail, and respond to anything EDD sends you promptly. Good luck — based on what you've described your chances are solid.

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🤞🤞 come back and let us know how it goes. and remember — Claimyr at claimyr.com is there if you hit a wall trying to reach EDD by phone. having actual access to a rep can be a lifesaver when you need real answers fast.

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