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Ava Garcia

Can you get unemployment if you were discharged from your job in California?

So I got discharged from my job about two weeks ago and I honestly didn't even know if I was allowed to file for unemployment. My manager gave me a written notice saying my position was being terminated but the HR lady used the word 'discharged' and now I'm spiraling trying to figure out what that actually means for my California EDD claim. I went ahead and filed anyway because someone told me to just file and let EDD sort it out, but now my claim shows 'pending' and I have no idea if that's normal or if it means they're investigating my discharge. I was in logistics coordinating for about 4 years before this happened. Anyone been through this? Can you actually collect unemployment benefits if you were discharged, or does that automatically disqualify you?

Yes, you absolutely can get unemployment benefits if you were discharged - being discharged doesn't automatically disqualify you from California EDD. The key thing EDD looks at is the REASON for the discharge. If your employer let you go due to lack of work, position elimination, company restructuring, or even performance issues that weren't your fault, you'd likely be eligible. The only scenario where discharge typically disqualifies you is if EDD determines you were fired for 'misconduct' - and California has a pretty specific legal definition of misconduct that's actually harder to prove than most people think. A simple mistake, poor performance, or not being a good fit usually doesn't meet that bar.

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Wait so even if my manager said I wasn't meeting performance targets, that might not count as misconduct? I was so sure I'd be denied automatically.

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this is right. i got fired for missing too many targets and still got approved. edd doesn't just take the employer's word for it

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Exactly - California has some of the most employee-friendly UI laws in the country. EDD has to conduct an investigation before denying a discharge claim, and the employer has to prove willful misconduct, not just that you underperformed.

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The pending status on your claim after a discharge is completely normal and expected. When you indicate on your initial claim that you were discharged (rather than laid off), EDD flags it for what's called an eligibility investigation or adjudication. Both you AND your former employer will be contacted to explain the circumstances. This doesn't mean you're being denied - it just means they need to gather facts from both sides before making a determination. Don't stop filing your weekly certifications during this time! A lot of people make that mistake and then miss out on weeks of back pay if they're eventually approved.

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Oh thank god I didn't stop filing. I've been certifying every week even though nothing has moved. Should I be doing anything else while waiting?

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same thing happened to me, just keep filing those weekly certs no matter what the status says

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Yep, keep certifying. Also make sure your contact info is current in myEDD because they may send you a questionnaire about your separation or try to call you. If you miss their contact attempt it can delay things significantly.

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I went through exactly this situation earlier this year - discharged after 3 years at a distribution company. The adjudication process took almost 5 weeks and the waiting was absolutely brutal. One thing that really helped me was actually being able to talk to an EDD rep directly. I'd been trying to call for two weeks straight and couldn't get through at all. A coworker told me about Claimyr (claimyr.com) and honestly I was skeptical but I tried it. They got me connected to an actual EDD agent within the same day. The agent was able to tell me exactly what stage my adjudication was in and what documentation they were waiting on from my employer. There's a demo video at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it. Saved me weeks of anxiety not knowing what was happening.

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I've been trying to call EDD for days and can't get through to anyone. I'll check that out, thanks for the info.

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ugh the calling situation with EDD is the worst. always busy or disconnects. might try this

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I've heard of Claimyr - my neighbor used it when her claim was stuck in adjudication. Said it actually worked which surprised her

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To directly answer your question about what 'discharged' means in EDD terms: it's essentially the same as being fired or terminated involuntarily. EDD categorizes separations as either voluntary quit, discharge/termination, or temporary layoff. When you're discharged, the burden of proof actually falls on the EMPLOYER to demonstrate that misconduct occurred - not on you to prove you did nothing wrong. This is really important to understand going into the adjudication process. You just need to explain your side of the story honestly when EDD contacts you.

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wait so the employer has to PROVE misconduct? I always thought it was the other way around and you had to prove you deserved benefits

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Correct - in California, for a discharge claim, the employer bears the burden of proving misconduct. This is why so many discharged employees end up getting approved even when their employer contests the claim.

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This is an important distinction that trips a lot of people up. The system is designed to assume you're eligible unless the employer can prove otherwise for discharge cases.

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ok so i got discharged last year and was SO confused about all this too. mine went to adjudication and i kept getting these notices that said 'additional information needed' but like... it never said what information??? i called and called and could never get thru. finally just waited and after like 6 weeks they approved me out of nowhere with back pay for all the weeks i filed. point is keep filing no matter what and dont give up

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6 weeks is a long time to be in limbo but it's reassuring that you got back pay for all of it. I'm trying to stay patient.

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the back pay thing is why you MUST keep doing weekly certs even when nothing seems to be happening. found that out the hard way when i paused mine thinking the claim was dead

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I want to add something here because I see a lot of people think that if their employer CONTESTS the claim it means they'll automatically lose. That's not true at all. My former employer fought my claim tooth and nail, sent in a long letter about performance issues, and EDD still approved me after the investigation. The adjudicator called me, I explained what happened from my perspective, and that was basically it. The key is being honest and thorough when they contact you. Don't exaggerate, don't minimize - just tell the facts of what happened leading up to the discharge.

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My old company is pretty large with an HR department so I'm guessing they probably will contest it. Good to know that doesn't doom my claim automatically.

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Same experience here. Large employer with an HR team contested my claim and I still got approved. The misconduct standard in California is genuinely hard for employers to meet for most normal termination situations.

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yeah employers contest stuff all the time as like standard practice. doesnt mean you lose

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Something nobody has mentioned yet - when the EDD adjudicator contacts you (either by phone or through a notice asking you to submit info online), make sure you respond within the deadline they give you. If you miss it, your claim can be automatically denied for non-response, even if you would have been approved otherwise. I've seen people on here post about getting denied just because they didn't respond to EDD's outreach in time. Check your myEDD inbox regularly and your email spam folder too because their messages sometimes end up there.

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Oh I hadn't thought about the spam folder. Going to check right now actually. I check myEDD but I never thought their emails might be filtered.

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this is so important. i almost missed a deadline because the email went to spam. set up a filter to make sure EDD emails always hit your inbox

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Also worth noting - if you're asked to participate in a phone interview with an adjudicator, pick up calls from numbers you don't recognize during that period. Sometimes it's an EDD rep and if you don't answer they may just rule without your input.

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Discharged is just a fancy word for fired btw. EDD uses it in the official paperwork but it means the same thing. And yes fired people can def get unemployment in CA, I got fired from two different jobs and got benefits both times lol. Just file and be honest about what happened

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Ha, good to know. The HR terminology threw me off, I wasn't sure if 'discharged' was somehow different from being laid off or fired.

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Correct on all counts. Discharged = terminated involuntarily by the employer. It's different from a layoff only in that a layoff is typically framed as lack of work rather than performance/conduct related, but both are non-voluntary separations and both can qualify for UI benefits.

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I work in HR and want to clarify something I've seen misunderstood in this thread. 'Misconduct' under California unemployment law is defined as a substantial breach of duty that is willfull or wanton in nature - basically it has to be deliberate rule-breaking, not just mistakes or poor performance. Things like showing up consistently, doing your job reasonably well, but maybe not hitting metrics... that's almost never misconduct. Things that CAN constitute misconduct: theft, intentional insubordination, harassment, or deliberately violating a clear written policy you were aware of. Even then EDD looks at everything contextually.

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This is really helpful. My discharge was performance-metric related, my manager said I wasn't hitting quarterly targets. Based on what you're saying that sounds far from the misconduct threshold.

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Exactly right. Performance-based terminations are one of the most common types EDD sees and they almost never result in a misconduct disqualification unless there was clear evidence of intentional poor performance or insubordination tied to it.

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so basically unless you literally stole from them or got in a fight at work youre probably fine. good to know

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went through adjudication for a discharge last spring and honestly the stress of not knowing was the worst part. tried calling EDD every single morning for a week and a half and couldnt get through once. then someone in a different forum mentioned Claimyr and I figured why not. got through to an agent that afternoon, she pulled up my claim and told me it was just waiting on my former employer to respond to their questionnaire. knowing THAT specific thing made the wait so much more bearable than just staring at 'pending' on the screen

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That's exactly where I'm at, just staring at pending with no context. Might actually try Claimyr, I need to know if there's something I should be doing or if I just need to wait.

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the not knowing is really the worst part. at least if you know what stage it's at you can mentally deal with it better

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Quick tip: when you get contacted for your side of the story during adjudication, don't overthink it or try to make yourself sound perfect. Just be straightforward. The adjudicators talk to hundreds of people, they can tell when someone is being evasive or over-explaining. I literally just said 'I was discharged for not meeting sales targets, here's what my work situation was like, I always tried my best and was never written up for conduct issues' and that was basically the whole call. Approved two weeks later.

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That's reassuring. I keep trying to script out what I'd say if they call and it keeps getting too complicated. Maybe I should just keep it simple like you did.

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Simple and factual wins every time in these adjudication calls. They're not looking for you to be a lawyer, just honest.

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does it matter how long you worked there? like does it affect whether you can get unemployment after being discharged? asking bc I was only at my job for like 8 months before getting discharged and now im wondering if that even qualifies

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Great question - length of employment doesn't directly affect whether a discharge qualifies, but it does affect your weekly benefit amount and total weeks available. EDD looks at your base period wages (roughly the 12-18 months before your claim) to calculate your benefit. 8 months of work should generally be enough to establish a claim as long as you earned enough wages during that period.

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Right, the eligibility from a separation standpoint (discharge vs misconduct) is a separate question from the wage-based eligibility. You need to meet both tests. For the wage test, you typically need to have earned enough in your base period - EDD's website has a benefit calculator that can give you an estimate.

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ok good to know its separate. i definitely earned above minimum wage so hopefully that counts toward something

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Can I ask something slightly different - what if you were technically discharged but your employer is calling it a 'mutual separation' on the paperwork? My company had me sign something saying it was mutual but I didn't really have a choice in it. Filed as discharged anyway. Now I'm worried that's gonna cause a problem with my claim

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File it as a discharge/involuntary separation. The label your employer puts on it doesn't control how EDD classifies it. EDD will look at the actual circumstances - if you didn't genuinely choose to leave, it's a discharge regardless of what the paperwork says. Be honest in your claim about what actually happened. EDD sees 'mutual separation' language from employers all the time and knows how to evaluate it.

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This is really common, especially with larger companies that use HR language to soften terminations. What matters is whether you had a real, free choice to stay. If you were essentially told to sign or be fired, that's a discharge.

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that makes me feel way better. i definitely felt like i had no real choice. will explain that if they ask

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I just want to say this thread has been so helpful for me too. I've been googling 'can you get unemployment if you were discharged' for two days and getting really vague answers. This is the clearest breakdown I've found anywhere

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Same honestly. When I posted I was really panicking. This community comes through.

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Glad it's helpful! These questions come up all the time because the terminology is confusing. 'Discharged' sounds really severe but it genuinely just means your employer ended your employment, full stop.

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one more thing worth mentioning - if your claim gets DENIED after adjudication for a misconduct finding, you have the right to appeal to the California Unemployment Insurance Appeals Board. You have 30 days from the decision date to file the appeal. I appealed a denial once (got denied initially, appealed, won at the hearing) and the appeal process is actually way more fair than the initial determination in my experience. You get a real hearing with a judge where both sides present their case.

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Good to know. Hopefully I don't need it but it's reassuring that there's a real appeal process if EDD gets it wrong at first.

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Appeals are genuinely worth pursuing if you get a denial you think is wrong. The appeals process reverses a lot of EDD denials because claimants get a chance to actually present their case in a more structured way. Don't just accept a denial as the final word.

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The 30 day deadline is critical though. Miss it and you may lose your right to appeal entirely so mark your calendar the second you get any denial notice.

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just here to say i was discharged two months ago and was terrified to even file because i thought discharged = automatic no. filed anyway at my sister's urging and got approved after 4 weeks in adjudication. sometimes you just gotta file and trust the process a little

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This is exactly the kind of story I needed to hear right now. Thank you for sharing.

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same energy - i almost didn't file for the same reason. glad i did

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Something I haven't seen mentioned - document everything you can remember about the circumstances of your discharge. Dates, conversations, written notices, any emails or texts related to your job performance. You don't necessarily need to submit all of this but if adjudication gets complicated or if you end up at an appeal hearing, having a clear timeline and documentation of events is really valuable. I started keeping notes after my first unemployment experience and it made subsequent claims so much smoother to navigate.

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I still have all my performance review documents and the termination letter. Seems smart to keep those handy. I'll pull together a timeline just in case.

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Absolutely do this. Paper trail wins appeals. Even if you don't need it for the initial adjudication, if it escalates you'll be glad you have it organized.

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Good practical advice. Also hold onto any documentation showing you were a good-faith employee - attendance records, positive performance reviews from earlier periods, emails showing you were trying to address issues. Paints a fuller picture of the situation.

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I tried calling EDD probably 15 times over two weeks when my discharge claim was in adjudication and got nowhere. Kept getting the 'we are experiencing high call volume' message and hanging up. Finally used Claimyr after reading about it on a forum like this one - claimyr.com - and genuinely got through to an agent the same day I signed up. The agent confirmed my claim was progressing normally and told me approximately when a decision would be made. For the stress alone it was worth it. Also found the video walkthrough at https://youtu.be/JmuwXR7HA10 helpful before trying it

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15 times calling and nothing is so relatable. the EDD phone system feels designed to make you give up

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At this point I think I need to just try it. I've been calling every day and can't get a human no matter what time I call.

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lol 15 times is honestly low. i think i hit 30+ before i found another way to get through. the hold music is burned into my brain

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Full picture summary for anyone who finds this thread later wondering 'can you get unemployment if you were discharged' in California: 1. Yes, discharged employees CAN receive UI benefits 2. Discharge doesn't equal automatic disqualification - only misconduct does 3. California's misconduct definition is narrow - must be willful, substantial rule-breaking 4. Performance issues alone almost never = misconduct 5. Expect adjudication (investigation) period - keep filing weekly certs throughout 6. Respond promptly to any EDD outreach during adjudication 7. If denied, you have 30 days to appeal to CUIAB 8. Keep documentation of your separation circumstances Hope this helps someone

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This is genuinely the most useful thing I've read since this whole thing started. Bookmarking this thread. Thank you everyone.

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Great summary. I'd add: be honest and consistent in everything you tell EDD. Inconsistencies between your account and your employer's account are what trigger deeper investigations. Keep your story simple, factual, and consistent.

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saving this entire thread. so much better than anything on the actual EDD website which explains nothing in human language

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