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Yuki Watanabe

Can you still collect unemployment if you get fired? California EDD rules explained

So I got let go from my warehouse job last Friday and I'm honestly in a panic about whether I can even file. My manager said I was terminated for "performance issues" but I never got any written warnings and the whole thing came out of nowhere. I've been there almost four years. My question is basically can you still collect unemployment if you get fired or am I just out of luck because I wasn't laid off? I keep reading different things online and I'm going in circles. Some people say getting fired automatically disqualifies you and others say it depends. I have bills due in two weeks and I really need to know if it's even worth filing before I go find other options.

Two days after my termination letter arrived I called EDD and got nowhere for hours, so I ended up using Claimyr (claimyr.com) to get through to a live agent. Got on the phone with someone at EDD and asked them directly about my situation — fired from a retail job after a dispute with a supervisor. The agent pulled up my account, confirmed the claim had been received, and said the next step was my phone interview where both my employer and I would each tell our side of things and EDD would decide eligibility from there. They also said the date and time of the interview would be on a DE 4800 notice mailed to me, and I'd also see it on my UI Online homepage. If you're trying to reach a live person at EDD, Claimyr's video on that is at https://youtu.be/JmuwXR7HA10.

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Did they give you any sense of how long the interview takes to get scheduled? I filed online yesterday and I'm just sitting here watching my portal.

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The agent didn't give a specific timeline, just said to watch for the DE 4800 in the mail and check the UI Online homepage. I'd keep checking myEDD at https://myedd.edd.ca.gov/ every day.

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Same thing happened to me timing-wise. The notice came about a week and a half after I filed, so it wasn't a super long wait.

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Filing is absolutely worth it even if you got fired. The way EDD looks at it, being fired doesn't automatically cut you off — it comes down to whether your employer can show you did something that counts as misconduct. EDD basically puts that burden on the company to prove it, not on you to prove your innocence. Performance problems alone — like missing goals or struggling with a task — are usually not the same as intentional misconduct in EDD's eyes. That said, you do still go through a phone interview where you get to give your side of what happened, and your employer gives theirs, and then EDD decides.

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So "performance issues" wouldn't automatically count as misconduct? That's a little reassuring because I genuinely was just not hitting the numbers they wanted, there was nothing intentional.

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Right, there's a real difference between struggling at a job and deliberately doing something wrong. EDD looks at intent and behavior, not just whether the employer was unhappy. But ultimately EDD decides — nobody here can promise an outcome.

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I've seen people get approved after firings all the time when it was just a numbers or productivity thing vs someone who like walked off the job or violated a clear rule.

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Went through a firing situation myself about eight months ago and I want to flag one thing — file AS SOON AS POSSIBLE. Your claim starts from the Sunday of the week you apply, not from the week you got fired. So every day you wait is potentially a week you can't get back. I lost one full week just because I was nervous to file and kept putting it off.

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That's actually really helpful, I didn't know it starts from when you apply not from the termination date. Filing today then.

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Yes this is true and I wish someone had told me earlier too. I delayed almost two weeks and those weeks were just gone.

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Also make sure you have your last employer's full address and your last date of work ready when you fill out the application — those trip a lot of people up.

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FOUR YEARS at that company and they just fired you with no written warnings?? That's infuriating. I had something similar happen and I'll be honest the EDD phone interview stressed me out way more than the actual termination did. They called right at the scheduled time and I was so nervous I forgot half of what I wanted to say. Write everything down beforehand — dates, conversations with your manager, anything that shows the firing wasn't for intentional bad behavior. It made a huge difference having notes in front of me.

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No warnings at all, not even a verbal one that was documented. I have emails from last year where my manager actually praised my work so I'm thinking those might help.

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Those emails are gold honestly. Keep everything — screenshots, copies, anything that tells a different story than "performance issues.

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The interviewer will ask specific questions about what happened, so having dates and details organized really does help. They're not trying to trick you, they're just gathering both sides.

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Just to clear something up because I see this wrong a lot — the interview isn't the same as an appeal. I've seen people on here say they're going to "appeal the decision" at their phone interview and that's not how it works. The interview happens before EDD makes any decision. The appeal (using the DE 1000M form) only comes into play if EDD sends you a denial notice afterward and you disagree with it.

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Wait I genuinely did not know that. I thought the interview was like a hearing where you fight the decision. Good to know that's actually early in the process.

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So the sequence is: I file, they schedule an interview, they make a decision, and THEN if I get denied I can appeal? That actually makes the interview feel less scary.

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Exactly that order. And if you do get denied, you have 30 calendar days from the mailing date on the Notice of Determination to file your appeal. Don't miss that window.

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This is a really important distinction. I've seen people not certify their weeks because they thought the whole claim was frozen during the interview stage. You should still certify every two weeks no matter what — EDD can only pay weeks you've actually certified for.

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Sixth week in my own claim and I'm still waiting on adjudication after my interview. For people asking about how long this takes — it really varies. My situation is a bit complicated because my employer is contesting it, but the advice I keep getting is just keep certifying, keep certifying, keep certifying. Those weeks will only be payable if you certified for them.

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Are you able to see anything useful in Claim History in UI Online while you wait, or is it just showing pending?

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Mostly just showing Pending next to the weeks. It's maddening but everyone says that's just how it looks during adjudication.

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Adjudication just means EDD is working out whether you're eligible — it's not a denial, it's just them processing. Pending weeks in Claim History is normal when there's an open eligibility question.

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My termination letter actually said "gross misconduct" on it and I still got approved. The letter your employer writes doesn't determine anything — EDD makes its own finding after hearing from both sides. My employer never responded to EDD at all and that also played a role apparently.

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That's genuinely encouraging. Mine just said "performance issues" which is vague at best.

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Vague is probably better than specific in your case. When employers can't point to a specific rule violation or deliberate act, it's harder for them to prove misconduct in EDD's terms.

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Also worth knowing — EDD mails your employer a Notice of Unemployment Insurance Claim Filed (DE 1101CZ) and they have 10 days to respond. If they don't respond, they lose the ability to appeal EDD's decision later. So employers who don't engage early can really hurt their own case.

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Does anyone know if I can still file if I technically have a bit of severance coming? I'm in a kind of similar situation except my company is giving me two weeks of pay as severance and I wasn't sure if that blocks me from filing or if I have to wait until it runs out.

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Severance pay doesn't block you from filing — EDD actually says severance paid under a company plan isn't counted as wages for unemployment purposes, so it doesn't delay your benefits the way vacation pay might. You still report it when you certify though, and EDD decides how it affects things. File right away, don't wait for the severance to end.

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Oh wow I had no idea. I was about to wait two weeks thinking I had to. Filing today.

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Yeah the "wait until your severance runs out" thing is a really common misconception. File as soon as you're out of work. Waiting only costs you potential weeks of benefits.

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Report it honestly when you certify — there's a wages section in UI Online for exactly this. Just don't try to hide it or guess at how to handle it.

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The DE 429Z is the notice that tells you what your weekly benefit amount will be — EDD mails it after they process your application, usually within about two weeks of filing. It's not an approval of your claim, just a statement of what the claim could pay. The actual eligibility decision comes separately after your phone interview. A lot of people see the DE 429Z and think they're approved and then are confused when they still have to do an interview.

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I made exactly this mistake. Got the DE 429Z and thought I was done and approved, then got the interview notice and panicked thinking something was wrong with my claim.

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Super common confusion. The interview is just part of the process when there's a question about why you stopped working — a firing or a quit almost always triggers one.

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So I should expect both the DE 429Z and then a DE 4800 for the interview? Good to know what documents to watch for.

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Paycheck from my final week hadn't even cleared when I filed my claim. The important thing is you report all wages for the weeks they were earned, not when the check actually hits your bank. So that final paycheck counts for the week you worked it, not the week it arrived. Keep that in mind when you're certifying.

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What about unused PTO they're paying out? Does that count the same way?

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You report it when you certify — vacation and holiday pay go on EDD's list of things to report. Exactly how it affects your payment is EDD's call, not something anyone here should guess at.

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The Report Wages option in UI Online lets you work out your earnings for a week before you actually certify. Worth using if you have a mix of different pay types.

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Something people don't always realize — EDD registers your CalJOBS account requirement separately. After you file you'll probably get a Notice of Requirement to Register for Work (DE 8405) in the mail. You have 21 days from that date to register on caljobs.ca.gov and post a resume. Missing it can mess with your payments even after you get approved.

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I had not even thought about CalJOBS. Is that something you do before or after the interview?

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You do it after you file and within that 21-day window on the DE 8405 — it doesn't have to wait for the interview to be done. Just get it done early so it's off your plate.

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CalJOBS also has job listings and resume help resources on there, so it's worth poking around even beyond the EDD requirement. Some people find it actually useful for the job search part.

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Something that tripped me up was thinking I didn't need to do my work search activities until after EDD decided my claim. That's wrong — you have to be actively looking for work every week you certify, starting from the first week. EDD doesn't publish a specific number of contacts you need to make, but you do need to be genuinely job hunting and keeping track of where you've applied.

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So I should be applying for jobs right now even though my claim isn't decided yet?

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Yes, every single week you certify for requires you to have been able to work, available to work, and actively looking. The job search doesn't pause while you wait for EDD.

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Keeping a log of your applications — company name, date applied, position — is just a smart habit even if EDD doesn't ask you to submit it. If there's ever a question about your work search, you'll have it documented.

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The waiting week thing confused me for weeks — literally. The first week of your claim is an unpaid waiting period, so the first time you certify you're usually covering that waiting week plus one paid week. You don't get paid for that first week but it counts and you have to certify for it. I thought my payment was wrong when I first got it.

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So my first payment will basically be one week's worth even though I'll be certifying for two weeks?

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Exactly that. Week one is the waiting week, week two is the first actual payment. After that it's normal two-week certifications with both weeks paid assuming you're eligible.

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The waiting week doesn't reduce your total — it's not like you lose it. It just means your first payment covers one week instead of two.

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Eight months of trying to get EDD on the phone for a different issue last year convinced me their phone system is a nightmare. I eventually got through to an agent using Claimyr and had them check on a week that was showing Pending in my Claim History for no reason I could figure out. The agent found that it was flagged because of a wage discrepancy in my base period — a former employer had reported my wages incorrectly to EDD. I had no idea that was even a thing. Got it sorted from there.

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How did you get that wage discrepancy fixed once the agent told you what the issue was?

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The agent told me to contact EDD through the message system in UI Online with documentation from that employer showing the correct wages. Took a few more weeks but it resolved.

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Wage discrepancies holding up claims is something I had no idea was even a category of problem. Good to know that's something an agent can actually identify.

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My employer actually called EDD to try to fight my claim after a firing and EDD still approved me. The company told them I had attendance issues but couldn't back it up with records because they never gave me any written attendance warnings. EDD went with my account of things. The process feels scary but it's actually designed to hear both sides, not just the employer's version.

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This is really reassuring, thank you. My situation is similar — no documented warnings of any kind.

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Documentation matters a lot. If your employer claims they warned you but can't show any written record of it, that works in your favor in the interview.

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Exactly. The lack of a paper trail on the employer's side is actually significant. EDD isn't just taking the employer's word for things.

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Also worth knowing — if you get denied after the interview, you have 30 days from the mailing date on your Notice of Determination to file a written appeal using the DE 1000M form or just a letter. Mail it to the address on the notice. If you miss the deadline you can still try but you'll need to explain why you're late. Don't skip certifying while you wait for an appeal hearing either — an administrative law judge at the CUIAB handles it, and those weeks only get paid if you certified for them.

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And the appeal goes to a whole different board, not back to EDD itself?

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EDD reviews it first, then it goes to the California Unemployment Insurance Appeals Board — the CUIAB, also called the Office of Appeals. A judge handles the hearing, you're under oath, and you can even bring a representative if you want.

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The Notice of Hearing comes in the mail at least 10 days before the hearing date. Missing the hearing date is really bad so keep an eye on your mail once you've filed an appeal.

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My claim got tied up for a while because I had worked two jobs before I was fired from one of them, and EDD needed to sort out wages from both employers in my base period. Just flagging this for anyone who might have multiple employers in the last 18 months — it can add time to the process but it's not a problem per se, they just need to gather more records.

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I only had the one job for the past four years so hopefully that simplifies things at least.

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Single employer histories are way more straightforward from what I can tell. You'll probably have a cleaner path through the process.

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The base period is the first four of the last five completed calendar quarters before your claim started, so they look at wages in that window. If you've been at the same job for four years, the wage picture should be pretty clear.

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EDD's Unemployment Benefit Calculator on their site at edd.ca.gov is worth using just to get an estimate of what your weekly benefit amount might be before the DE 429Z arrives. It won't be exact but it gives you a ballpark for budgeting. Weekly amounts run from $40 to $450 and are based on your highest-paid quarter during the base period.

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I found that calculator earlier and it estimated around $380 a week for me based on my wages, which would really help. Hoping the real number is close to that.

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$380 would be right in the range where it's definitely payable if you're found eligible. The DE 429Z will show the exact number EDD calculates from your actual wage records.

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Just a reminder that the weekly amount is set by your base period wages — a raise you got recently might not be in the base period window depending on when your claim started.

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Payments go onto a Money Network prepaid debit card automatically unless you set up direct deposit in myEDD. Payment info updates daily in UI Online and also on 1-866-333-4606 which is available 24 hours a day, so you don't have to wait until business hours to check if something posted.

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Can you set up direct deposit to your regular bank account or only the card?

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You can switch to direct deposit or a paper check through myEDD — there's an option for it in there. The card is just the default if you don't change anything.

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Payment info in UI Online is updated daily too, so you can just watch the Payments section in there rather than calling every time you want to check.

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My termination was for the same kind of vague wording — "attitude issues" my employer claimed. Phone interview happened, employer never submitted anything to back up their claim, EDD ruled in my favor. Filed in mid-October, first payment hit about five weeks later after everything cleared. It felt like forever at the time but once it started it was steady. Hang in there and just stay on top of certifying every two weeks.

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Five weeks from filing to first payment is what I'm now mentally preparing for. At least I know what the timeline might look like.

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Five weeks was my experience but it varies. Some people get paid faster, some slower. The interview timing is the biggest variable.

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Between the DE 4800 showing up and the actual interview date, there can be a week or more of waiting too. The whole thing feels slow but just keep certifying and don't let the weeks lapse.

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Late October my claim was sitting at Pending for almost three weeks post-interview with nothing changing in Claim History. I ended up reaching EDD through Claimyr after spending two full mornings hitting redial and getting the system hang-up. The agent I talked to said there was an open issue related to my work search certification for one specific week — apparently I'd answered a question in a way that flagged it. They walked me through how to contact EDD through my UI Online account to clarify what I meant. Really glad I called because I had no idea there was anything wrong with that week.

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Work search certification questions can flag your claim just from how you answer them? That's a little terrifying.

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Certain answers trigger a review — like if it looks like you weren't actively looking for work in a given week. The agent didn't say I'd done anything wrong, just that the system flagged it for a human to look at. Clarifying it in writing through UI Online was all I needed to do.

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This is a good reason to answer the certification questions carefully and honestly every time. Vague or inconsistent answers can slow things down even if you're doing everything right.

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Roughly six weeks after my own termination my former employer called me to offer re-employment at a reduced role. By then I was already on UI benefits. Just flagging that you need to report any work you do or any earnings you have while collecting — including if you take part-time work while you're on a claim. The first $25 or 25% of your weekly earnings (whichever is higher) doesn't get counted against your benefit, and the rest gets subtracted from your weekly amount. So working a little doesn't necessarily mean you get zero that week.

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What if the work offer you get is full time? Do you still report it?

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Full-time work means you're not eligible for that week at all — but yes, you still report it. The partial earnings formula is for part-time work. Full-time is a different situation.

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And even if you're not eligible for a week because of full-time work, you don't report that week as a week you're claiming — you just don't certify for unemployment benefits for it. Report Wages in UI Online handles part-time situations before you certify.

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