Do you get unemployment if you get fired in California? EDD eligibility explained

This is really helpful, thank you. So performance issues might actually be okay? They gave me two written warnings but both were pretty vague, just said 'not meeting expectations' without specifics.

yeah what they said is right, i got fired and still got approved. EDD makes their own decision dont let the employer scare you

Correct. California uses a specific legal standard for misconduct. Poor performance alone typically doesn't rise to that level unless you were deliberately not doing your job. Vague warnings actually work in your favor during adjudication because EDD will look for documented intentional wrongdoing, not just underperformance.

I was going to wait until I understood my situation better but you're right, I should just file and figure it out. Is there anything I need from my employer first?

You'll need your employer's name, address, and your dates of employment. Your last pay stubs help too. You don't need anything official FROM them to file - EDD contacts them separately during the claim process.

this^^^ waiting cost me like 3 weeks of benefits once. file first ask questions later

I've been trying to call EDD all morning and keep getting the 'high call volume' message and getting disconnected. Really frustrating when you have specific questions about your situation.

claimyr worked for me too, got through in like 20 minutes when i had been trying for days on my own

I was skeptical about those services but honestly after getting hung up on by EDD five times in a row I tried it and actually got to speak with a real person who walked me through exactly what misconduct means for my specific termination situation. Worth it just for the peace of mind.

This is exactly the kind of detailed answer I needed. So the intent matters a lot. I genuinely was trying at that job, just wasn't clicking with the new manager's style.

wait so you can get fired and still get unemployment?? I got fired 6 months ago and didnt even try to file because i thought it was pointless

Unfortunately the deadline to file for a specific job loss has long passed if it was 6 months ago. California EDD claims must be filed within specific timeframes. But for anyone reading this in the future - always file regardless of the circumstances of your termination and let EDD determine eligibility.

ugh that's frustrating. wish i'd known this earlier

same, this is such a common misconception. the amount of people who don't file because they assume fired = denied is really sad because a lot of them would have qualified

Yeah I definitely had that assumption. Glad I asked before just giving up on filing.

How should I approach the questionnaire? Should I be detailed or keep it brief?

Be detailed but factual. Don't editorialize or get emotional in your written response. Stick to dates, specific incidents, what was said, what was documented. EDD is looking for evidence of your intent and behavior, not who was nicer or whose fault it was.

Also document everything you can remember NOW before the details get fuzzy. Dates of conversations with your manager, what the warnings actually said, any emails. This will help you fill out the questionnaire accurately and also if you need to appeal any denial later.

Good advice. Going to write everything down today while it's fresh.

Good example. Attendance issues can go either way depending on circumstances. If there's a legitimate reason for the absences or tardiness and the employee communicated it, EDD often does not find disqualifying misconduct.

yeah context is everything with EDD determinations

I'm a little worried my employer might not be totally honest about why I was really let go. Good to know there's an appeals process if needed.

Keep any documentation you have from your time there - performance reviews, emails, texts with your manager. If you get denied and need to appeal, that evidence is gold at the hearing.

Correct. California EDD appeals go before an Administrative Law Judge and are conducted as an actual hearing where you can present evidence and testimony. The burden is on the employer to prove misconduct, not on you to prove you didn't commit it.

No, employers can't just say whatever they want without consequence. EDD investigates and asks for documentation. If the employer claims misconduct they need to substantiate it. Vague claims without documentation don't carry much weight. And if EDD sides with the employer and denies your claim, you can appeal to an Administrative Law Judge who will hear both sides under oath.

ohh okay that makes me feel better. my old job told me i was fired for misconduct but literally could not give me specifics when i asked

That vagueness actually helps you. An employer who can't articulate specifically what you did wrong will have a hard time proving misconduct to EDD or an appeals judge.

Wait I didn't know this - so I should certify even before I know if I'm approved?

Yes! File your claim, then certify every two weeks as scheduled. You won't receive payment until you're approved but when you are approved you want those weeks already in the system.

this caught me off guard when i filed, missed two weeks of certification and it was a whole thing to sort out

Good to know about the job search requirement. 3 activities per week - does that mean 3 actual job applications or can it be other things like updating a resume?

California EDD accepts various activities - submitting applications, attending job fairs, creating or updating professional profiles, contacting employers. But applying for jobs is the most straightforward to document. Keep a log with dates, employer names, positions, and how you applied.

Also register on CalJOBS if you haven't. It's the state's job search portal and EDD may require it as part of your eligibility requirements. Takes 30 minutes to set up and satisfies some job search requirements.

Lol not encouraging but I appreciate the honesty. I'm already stressed and I only filed yesterday.

sorry! it does work out eventually, just takes patience. and document EVERYTHING they send you, keep copies of every notice

it's really not always that bad. i've had two claims processed pretty smoothly. depends a lot on your specific situation and whether it goes into adjudication or not

That's a really important distinction. I was going to explain the whole conflict but maybe I should focus more on the vague performance criteria angle.

Exactly. 'I was never given clear metrics to meet and always made my best effort' is stronger than 'my manager had it out for me.' Both may be true but the first one speaks to EDD's legal standard.

Being able to talk to an actual agent before submitting my statement sounds really valuable. I have so many specific questions about how to phrase things.

does it actually work? I've heard about these services but wasn't sure

Worked for us. My brother's claim was approved after adjudication. I can't say Claimyr was the reason but having clear guidance from an actual EDD agent before submitting our response definitely helped us give a more complete answer.

No, the employer cannot deny your claim - only EDD can approve or deny a claim. What employers can do is respond to EDD's inquiry and provide their account of why you were terminated. EDD then weighs both sides. An employer can also appeal an approval if they disagree with EDD's determination, which triggers a hearing process.

ok that clears up a lot. i always thought employers could just block it

Common misconception. The employer is essentially a witness in the process, not the decision maker. EDD is an independent state agency making the determination based on California unemployment law.

Thank you for the direct answer. Feeling much more confident about this now.

This. The only way to definitely not get benefits is to not file. File and let EDD decide.

Oh wow hadn't thought about that at all. Good call, going to stay off LinkedIn and stuff for a bit.

This is probably overcautious for most situations but not terrible advice. Anything public that contradicts what you told EDD could theoretically be used. More importantly don't say anything that could be interpreted as admitting to the misconduct they're alleging.

yeah exactly, just play it safe until you get your determination letter

Will do. I filed this morning after reading all these responses. Feeling way better about my chances than I did 24 hours ago. Thank you everyone seriously.

Good luck! Based on what you described - vague performance issues, no documented intentional wrongdoing, personality conflict with manager - your situation sounds like a reasonable candidate for approval. Stay on top of certifications and respond promptly to any EDD notices.

Good to know about the 30-day window. I'll keep an eye on every piece of mail from EDD.

And appeals are conducted via phone or in person before an Administrative Law Judge who is independent from EDD. Many people who were initially denied get approved on appeal, especially in fired-for-performance situations where the employer struggles to prove deliberate misconduct.

exactly. the initial determination isn't the final word. keep fighting if you believe you qualify.

fr, the misinformation about this is everywhere. 'you got fired so you can't get unemployment' is one of the most repeated myths

Agreed. California's misconduct standard is actually fairly employee-friendly compared to many states. The bar for disqualifying misconduct is deliberately set high to serve the purpose of unemployment insurance, which is to protect workers from income loss through no serious fault of their own.

This is such a clean summary. Bookmarking this thread.

Great summary. The certify before approval point trips up so many people. Don't wait to start certifying.

Would add: keep records of everything. Every notice, every call, every certification. If anything goes sideways having documentation makes everything easier.