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

Wait seriously?? I thought if you got fired you just couldn't get it. So I should still go ahead and file even though I got fired for performance?

This is correct. The burden is actually on the employer to PROVE misconduct to California EDD. If they just say performance issues without documented evidence, EDD usually sides with the claimant. File immediately.

yep same thing happened to my brother they fired him said it was performance and he got approved no problem

Oh wow I had no idea it worked that way. I was literally about to not even bother filing because I assumed I'd be denied automatically.

This is such important info that nobody tells you. I waited like 3 weeks before filing after getting fired because I thought I wasn't eligible and ended up losing those weeks of benefits completely.

same. wish someone had told me this when i got fired 2 years ago, i never even filed

I just started the application. It's asking about the reason I was separated - should I say 'discharged/fired' or is there a better way to phrase it?

Select discharged/fired - always be honest on the application. Then in the explanation box describe exactly what happened: you were called into a meeting unexpectedly, told it was performance issues, given no prior written warnings, and handed your belongings. The more specific detail the better.

definitely be honest, trying to spin it can backfire during the adjudication interview if EDD calls you

Good to know about the phone thing, I was already dreading having to call them. I'll look into that Claimyr thing if I run into issues.

The EDD phone situation is genuinely horrible. I've been hung up on so many times. Will have to look into that service.

Adjudication can sometimes require a phone interview with EDD so having a way to actually reach them is super useful. Good tip.

Yeah contacting EDD by phone is brutal. That service sounds useful for when you actually need to talk to someone about your claim status.

Great question and honestly a lot of people mix this up. 'Misconduct' in the California EDD legal sense is very specific - it generally means a willful or deliberate violation of the employer's reasonable expectations. Just not performing well enough, making mistakes, or struggling with the job duties does NOT meet that legal threshold. Misconduct is more like intentionally stealing, deliberately ignoring a direct order, or repeatedly violating known policies after warnings.

ohhhh ok so like doing a bad job isn't misconduct but like doing something on purpose that you knew was wrong would be

Exactly right. The intentional/willful element is key. Accidental poor performance is not misconduct under California UI law.

This is really reassuring honestly. My employer never gave me anything in writing at all.

Yeah no documentation is a big deal. EDD basically needs the employer to show a paper trail to prove misconduct. No warnings usually means the employer has a weak case.

documentation is EVERYTHING with EDD claims. keep every email text message anything related to your employment and termination

Oh I had no idea about the weekly certifications!! Thank you for mentioning that, I would have definitely missed that step.

Yeah it trips a lot of people up. Set a weekly reminder. You can certify anytime Sunday through Saturday for the previous week.

Also just to add - the job search requirement is real, you need to keep a log of where you applied with dates and contact info because EDD can audit you on it

Adjudication timelines vary a lot - it can be anywhere from a couple weeks to 6-8 weeks depending on how backlogged EDD is and how complicated the case is. During adjudication, keep filing your weekly certifications even though you won't receive payment yet. Once approved, those weeks you certified during adjudication are back-paid to you.

The 2 week mark is still pretty early. Encourage your cousin to keep certifying every week and to respond quickly to any EDD mail or phone calls. Missing a scheduled interview or not responding to mail can delay things further.

ok thank you, I'll let her know to keep certifying and watch her mail carefully

Ugh that sounds so awful, I'm sorry you're going through that. Did you file the appeal yourself or get help?

Filed it myself. You have 30 days from the determination notice to appeal. I just had my hearing scheduled finally. Make sure if you get denied you file that appeal IMMEDIATELY and gather every piece of evidence you have.

If the employer actively lied on their questionnaire you can potentially challenge that during the appeals hearing. Bring documentation of everything and consider contacting a legal aid organization if you can't afford an attorney - many offer free help with EDD appeals.

30 days from the DATE on the notice, not when I get it? That seems like it could sneak up on you fast if the mail is slow.

Exactly, and EDD mail can sometimes take several days to arrive. So realistically you might have 24-25 business days by the time you receive it. Don't wait to read your mail, open everything from EDD immediately.

This is why I always recommend creating a myEDD account online too - sometimes you can see notices there before the physical mail arrives

What counts as looking for work exactly? Like does applying on Indeed count?

Yes, applying online counts. You need to keep a record of each application - the company name, position, date, and how you applied. EDD calls this your job search log and can request it at any time during your benefit year.

Also networking contacts, attending job fairs, submitting resumes directly to employers all count. The key is just keeping documentation of whatever you do.

4 hours trying and still nothing? That's exactly my experience. EDD's phone system is just fundamentally broken. I'll check that out for my appeals questions.

does it actually work? seems too good to be true tbh

I was skeptical too honestly but it delivered for me. Made a really stressful situation a lot more manageable when I actually needed answers about my claim.

Great question. California EDD eligibility is based on wages earned during a base period (the first 4 of the last 5 completed calendar quarters before you file). You need to have earned enough wages during that period - the minimum is around $1,300 in your highest quarter, or $900 in your highest quarter plus total base period earnings of 1.25 times that high quarter amount. So length of employment matters less than total wages earned. Someone who worked 3 months at good pay could qualify while someone who worked a year part-time at very low hours might not.

ohh ok so it's about the money you earned not just how long you were there. that makes sense

Correct. And your weekly benefit amount is calculated as roughly 60-70% of your average weekly wages during the base period, capped at a maximum. For 2025 the max weekly benefit amount in California is $450.

Thank you for this!! I really needed to hear a success story. Congrats on the new job!

Thank you! It'll be okay. Just stay on top of your certifications and correspondence and you'll get through it.

The 'just state the facts' advice is so underrated. EDD adjudicators are reading hundreds of these things, clear factual statements work way better than emotional descriptions

Totally a myth! It's one of the most common misconceptions about unemployment. Being fired makes you potentially eligible - it's only disqualifying if you were fired for legally defined misconduct. California EDD actually has a pretty employee-friendly standard for this.

yeah i figured it was wrong, people act like getting fired means you're just on your own

The myth probably comes from the fact that some people DO get denied after being fired - but that's because their specific situation involved actual documented misconduct, not simply because they were fired

Pending with a questionnaire sent and returned is actually a normal and healthy stage in the process - it means EDD is actively reviewing your claim. Keep certifying weekly and try not to check your account obsessively (easier said than done I know).

Lol the obsessive checking is real. I think I've logged into UI Online like 6 times today.

The status doesn't usually update in real time so daily checking is the most you really need. But I get it, the uncertainty is really stressful when you're waiting on that income.

Productivity not meeting standards with no formal warnings is a really solid position to be in for your claim. That's not misconduct, that's just business performance and EDD knows the difference.

Oh wow I hadn't even thought about that. Good warning.

Probably not common but not unheard of either. Just keep a low profile online, it doesn't hurt.

This is so great to hear, congratulations to your cousin!! And yes saving those texts was smart.

Excellent outcome and a great reminder about documentation. Those text messages essentially proved the employer's questionnaire wasn't accurate, which is exactly the kind of thing EDD weighs in adjudication.

Happy for her. This is what I'm hoping for in my appeal too. Employers lie on those questionnaires more often than people realize.

Good to know the appeals process exists if the initial determination goes against me. Hoping it doesn't come to that but it helps to know there's another step.

Exactly, it's not over if you get denied initially. A lot of initial denials get reversed on appeal especially in borderline misconduct cases. Just don't miss that 30 day deadline.

The CUIAB hearings are held over the phone now for the most part which makes them more accessible. You can also request a continuance if you need more time to prepare your case after getting the hearing notice.

Yes I filed the same day I posted this! Claim is currently in adjudication - I got the questionnaire, filled it out right away describing exactly what happened with no written warnings or documentation from the employer. Now I'm waiting. Filing my weekly certifications every week like everyone said. Fingers crossed. This thread has been SO helpful and honestly made a really scary situation feel a lot less overwhelming.

That's the right move on all counts. Answering the questionnaire promptly and continuing to certify weekly are exactly what you should be doing. Good luck - the lack of any written warnings really does give you a strong position here.

Rooting for you! And remember if you ever get stuck trying to reach someone at EDD by phone during the process, claimyr.com is worth bookmarking. The adjudication period is exactly when you might need to actually speak to an agent and EDD phones are notoriously hard to get through.

Good luck to both of us then! We're in similar situations. Hope we both get good news soon.