Can you still get California EDD unemployment if you get fired?

This is such a relief to hear. So 'performance issues' probably wouldn't count as misconduct? They never gave me any written warnings until the very last week.

Exactly. Misconduct under California UI law generally means things like intentional wrongdoing, theft, harassment, or deliberate violation of company policy. Poor performance alone is usually not considered misconduct. The lack of prior written warnings actually works in your favor.

This is correct. I went through something similar - terminated for 'not meeting performance metrics' and EDD approved my claim. The adjudication took about 3 weeks but I got approved.

Wait so I need to keep doing weekly certifications even before I'm approved? I didn't realize that.

Yes this is really important! Keep certifying every week during adjudication. If you stop and then get approved later, you might not be able to go back and claim those weeks. Don't miss a single week.

Can confirm. I missed 3 weeks of certifications during my adjudication because I thought I didn't need to certify until I was approved. Had to file a late certification request and it was a whole nightmare.

same here almost made that mistake too, someone on here told me to keep certifying thank god

I've been trying to call EDD for two days straight and keep getting the 'we cannot take your call' recording. I'll definitely check this out.

does this actually work? seems too good to be true lol

I know it sounds that way but yes it genuinely worked for me. Got a callback within a few hours and the EDD agent was super helpful about explaining the misconduct standards.

I used it too when my claim got stuck. Way less stressful than redialing for hours.

Not automatically no. Your employer contesting the claim just triggers the adjudication process where EDD investigates both sides. EDD makes the final call, not the employer. Plenty of people win their claims even when employers contest them - especially in performance-related terminations.

oh wow okay that changes everything I've been telling people the wrong thing this whole time lol

Yeah this is a common myth. The employer contesting just means you'll have a longer wait, not that you automatically lose.

Thank you, this is really helpful. Should I mention the lack of prior write-ups in my statement to EDD?

Absolutely yes. Document everything - how long you worked there, the absence of prior discipline, the sudden nature of the final write-up. All of that is relevant context for EDD's adjudication.

This is great advice. I got approved after being fired and mentioning my clean 3-year record before the termination definitely helped my case.

5 weeks is a long time... did they give you any updates during that period or was it just silence?

Mostly silence honestly. I just kept logging into UI Online every few days to check status. The only communication was one letter asking me to provide my account of the separation, which I filled out and submitted online.

The waiting during adjudication is brutal. Mine took 4 weeks and every day I'd refresh UI Online hoping something changed.

ugh the waiting is the worst part of this whole process

What if they schedule the phone interview and I miss the call? Is there a way to reschedule?

Yes you can usually request a reschedule through UI Online or by calling EDD. Missing it isn't the end of the world but don't ignore it because then EDD might make a determination based only on your employer's account.

This happened to me!! I missed the call and didn't call back right away. My claim was denied initially based only on employer info. Had to appeal which added months to the whole process. Don't miss that call.

How did you finally get through?

Eventually used Claimyr after someone on a different thread recommended it. claimyr.com - they get you into the EDD phone queue without you having to sit there redialing. Got a callback that same afternoon after three weeks of trying. The agent told me exactly what additional documentation they needed for my adjudication.

Three weeks of calling?? That sounds absolutely exhausting. Glad you found something that worked.

That's a bit of a gray area but there's actually a legal concept called 'constructive discharge' - if your employer made working conditions so unbearable that a reasonable person would feel forced to quit, EDD may treat it as an involuntary separation rather than a voluntary quit. It's harder to prove but it's absolutely a thing.

huh okay good to know, my situation is complicated

Worth filing a claim regardless if you left under pressure. Let EDD make the determination. The worst they can say is you don't qualify, and you can appeal that decision.

That's a great tip. I didn't even think to look up the official definition before responding to EDD.

Yes the legal threshold is actually much higher than most people expect. Things like isolated incidents, honest mistakes, or disagreements about company policy generally don't qualify as misconduct. Even poor judgment in many cases doesn't meet the bar.

3 activities per week - is that like applying for jobs or does other stuff count too?

Applying definitely counts. Also things like attending job fairs, setting up employer contacts, registering with employment agencies, and attending workforce development workshops can count. Check the EDD website for the full list of qualifying activities.

I did not know workshops counted!! I've been stressing about getting 3 applications in every week when I could be attending stuff too

This is so organized and helpful, thank you. I feel a lot less panicked now than when I posted this.

Great summary. The 30-day appeal window is crucial - so many people miss it because they give up after the first denial.

Adding to this - when you file your initial claim make sure your base period wage info looks correct. Sometimes employers underreport wages and it affects your weekly benefit amount.

That's generally correct. Attendance issues can potentially be misconduct if the pattern is severe, well-documented, and the employee was repeatedly warned, but isolated or ordinary attendance problems usually don't meet the legal threshold.

California gives more benefit of the doubt to workers than people realize. The burden of proving misconduct actually falls on the EMPLOYER not the claimant.

wait the employer has to PROVE misconduct?? I didn't know that. That changes everything about how I understand this whole process

If you're approved for benefits, the duration is the same regardless of whether you were laid off or fired. In California you can collect up to 26 weeks of regular UI benefits. The type of separation only affects whether you qualify at all, not how many weeks you get once approved.

Oh interesting, I always assumed fired people got less. Good to know.

Yeah the weekly benefit amount and duration are calculated based on your earnings during your base period, not on how you left your job.

Actually my manager did hint that I 'shouldn't bother' filing. Now I'm glad I looked into it myself.

Yep that's extremely common. They're protecting their own interests. File regardless.

THIS. So many people take their former employer's word for it and never file. Always file. The worst case is you get denied and then you can appeal.

my old boss literally said 'you wont get unemployment' when he fired me and i was approved lmao

Really glad to hear this resolved well for you. Gives me hope.

5 months of benefits is actually substantial. I had no idea you could collect that long.

Great outcome. And yes the process is genuinely frustrating but persistence pays off.

I had no idea CalJOBS was a separate requirement from UI Online. I'll do this today.

Yeah it catches a lot of people off guard. Different system entirely but it's linked to your EDD claim behind the scenes.

wait what is CalJOBS i've never heard of this and ive been collecting for 2 months

It's the California job search portal. If your claim is active you really should register if you haven't already. Sometimes EDD doesn't catch it right away but it can come up later.

The 30 days from the date on the notice, not when I receive it - that's an important distinction. Thank you.

Yes and mail can take a few days so time is somewhat of the essence once you get denied. File the appeal online through UI Online as soon as you can.

I won my appeal after an initial denial. The hearing was by phone and the administrative law judge was actually pretty fair. Bring documentation and be organized.

I ended up trying it and it worked. Got through to an EDD agent who explained exactly where my claim was in the process and what I needed to do next. So relieved.

Glad you got through! That one conversation with an actual agent can save you weeks of confusion.

okay I'm trying this today because I have been trying to call edd for 6 days

This is accurate and worth emphasizing. Employer has the burden. If they can't substantiate the misconduct allegation with documentation and evidence, you generally win.

This whole thread has been so educational. I feel completely different about my situation than I did when I first posted. Going to stay the course and keep certifying while adjudication plays out.

Good luck! Come back and update us when you get approved.

Best of luck. Based on everything you've described your situation sounds very solid. Four years of employment and no prior discipline history is a strong foundation for your claim.