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Madeline Blaze

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

So I got let go from my warehouse job last Friday and I'm honestly not sure what my options are. My manager called it a 'termination' but the reasons they gave were pretty vague - something about 'performance issues' that I genuinely didn't know were even on their radar. Nobody ever gave me a written warning or a PIP or anything like that. I've worked there for almost two years, never missed shifts without calling in, so this came out of nowhere. I always thought you could only get unemployment if you were laid off, not fired. But my neighbor told me it's more complicated than that and I might still qualify depending on why I was let go. Does anyone know how California EDD handles this? Is there actually a difference between being fired for misconduct versus just being let go for vague reasons? I don't want to waste time filing if I'm just going to get denied anyway.

Your neighbor is absolutely right - being fired doesn't automatically disqualify you from UI benefits in California. The key distinction California EDD makes is between 'misconduct' and other reasons for termination. Misconduct in EDD's definition is pretty specific - it has to be a deliberate violation of your employer's reasonable rules, not just poor performance or a mistake. If your employer can't point to a specific policy you intentionally broke, you have a solid chance of being approved even though you were technically fired. File your claim right away because benefits are calculated from the week you file, not the week you were let go.

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This is really helpful, thank you. So they'd actually have to prove I did something on purpose? Because it really was just vague performance stuff and I never got any formal warnings.

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yeah this is correct. i got fired from a restaurant job couple years back and still got approved because my boss couldnt actually document any real misconduct. the adjudication process will ask both sides

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One important thing to add - file your claim at UI Online as soon as possible even if you're unsure. You can always withdraw it later, but you can't go back and claim weeks you missed because you were waiting to see if you qualified.

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I went through almost this exact situation about 8 months ago. Got terminated from a logistics company, also with super vague reasoning. Filed anyway because a friend pushed me to. EDD sent both me and my former employer questionnaires asking for details about the separation. My employer's response was basically 'performance didn't meet expectations' with zero specific incidents. I was approved within about 3 weeks. Don't assume you're disqualified just because they used the word 'fired.

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That's actually really reassuring. Did you have to do anything special during the adjudication or just answer their questions honestly?

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Just answered honestly and gave as much detail as I could about the lack of warnings or formal documentation. EDD seems to take it seriously when employers can't back up their termination claims with specifics.

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same here. fired = automatic denial is a MYTH. misconduct has to be intentional and serious. vague 'performance' reasons almost never meet that bar

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Definitely file your claim - but be prepared for the phone situation with EDD. When my claim went to adjudication after I got fired, I needed to speak to an actual agent to clarify some details and getting through was a nightmare. Spent days calling and either getting a busy signal or getting disconnected after waiting forever. Someone on a different forum mentioned Claimyr (claimyr.com) and honestly it was a lifesaver. There's a video showing how it works: https://youtu.be/JmuwXR7HA10 - basically it holds your place in line and calls you back when an agent is available. Got connected within a couple hours instead of burning entire days redialing.

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Oh wow I didn't even think about the phone situation. Is it hard to actually get through to EDD if adjudication opens up?

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It can be really brutal honestly. Especially when your claim has any complication like a termination dispute. Having a way to actually reach someone makes a huge difference when you need to explain your side.

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second this, the EDD phone lines are genuinely awful. any tool that helps you skip the redial loop is worth knowing about

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lol 'a couple hours' still sounds like a lot but compared to never getting through at all I guess that's progress 😅

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To answer your original question more directly - California unemployment law says you CAN collect UI benefits if you were fired, UNLESS the firing was for 'misconduct connected with the most recent work.' The burden actually falls on the employer to prove misconduct, not on you to prove you didn't commit it. Things that typically DON'T count as disqualifying misconduct: isolated mistakes, inability to meet performance expectations, personality conflicts with management, or being fired without prior written warnings. What DOES count: theft, harassment, intentional insubordination, showing up drunk, things like that.

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This is exactly what I needed to know. My situation sounds like it falls clearly in the 'no misconduct' category then.

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really glad someone laid this out clearly. i spent weeks being confused about this when i got fired and almost didn't file

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the 'burden is on employer' part is important and a lot of people don't know that. you don't have to prove your innocence, they have to prove the misconduct

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wait so even if your employer says you were fired for cause you can still get unemployment?? I thought 'fired for cause' meant automatic disqualification thats what my cousin told me

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Fired for' cause is often used loosely by employers but EDD evaluates the actual circumstances, not just the 'label.' Cause in legal/HR speak covers a huge range of situations. Only a subset of those - intentional misconduct - actually disqualifies you fromUI.

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oh wow ok. so my cousin was wrong lol. I've been not filing this whole time thinking I was disqualified

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If you were recently terminated you should still file! EDD can only backdate claims in very limited circumstances so don't wait any longer.

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THE SYSTEM IS DESIGNED TO MAKE YOU THINK YOU DON'T QUALIFY WHEN YOU DO. Employers know that if they use certain language in the termination paperwork it'll scare people off from even filing. I've been through this twice. Both times fired, both times approved, both times my employer tried to contest it and lost. File. Always file. The worst they can do is deny you and then you appeal.

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That's a really important perspective. I was definitely second-guessing whether to even try.

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this is real talk. i got fired 'for cause' and my former manager literally told me not to bother filing. filed anyway. approved.

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Yep the appeal process exists for a reason. Even if you get initially denied, a denial isn't the end of the road.

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One practical thing - when you fill out the UI Online application, there's a section asking why you're no longer working. Be honest and specific. Don't just say 'fired' - explain the circumstances in your own words. Say something like 'employer stated termination was due to performance issues but I received no written warnings, no formal performance improvement plan, and no prior documented disciplinary actions during my employment.' The more detail you give upfront the better your odds of a clean approval without needing adjudication at all.

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This is super practical advice, thank you. I'll make sure to be detailed in that section.

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This really does help. My first claim I was vague and it triggered a longer adjudication. Second time I was detailed and it went much smoother.

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agreed - vague answers = more questions from EDD = longer wait. be thorough from the start

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honestly I was in such shock when I got fired that I didn't even think about unemployment for like two weeks. then someone reminded me. by that time I had already 'lost' those two weeks because EDD doesn't backdate claims normally. just sharing because if you're reading this still on the fence - go file now, today, even if you're not sure you qualify

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Yeah I'm going to do it today after reading all this. I already waited a week being nervous about it.

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good! honestly filing takes like 30 minutes online and then you just wait. not worth losing weeks of potential benefits over uncertainty

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Something people often don't realize - after you file, California EDD will contact your former employer to get their side of the story. If your employer says it was misconduct, your claim goes to adjudication where an EDD rep reviews everything and makes a determination. During this time keep filing your weekly certifications every single week even if your claim is still pending. A LOT of people miss this step and lose weeks of benefits even after they're eventually approved.

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Wait I didn't know you had to file weekly certifications even during adjudication. Is that done through UI Online too?

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Yes through UI Online, same place you filed the initial claim. Every week, Sunday through Saturday period. Even if your status shows pending or adjudication in progress. The system holds those weeks and pays them out retroactively once you're approved.

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THIS. I lost like 5 weeks of benefits because nobody told me I had to keep certifying during adjudication. don't make the same mistake

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Critical point. Also during weekly certifications you'll need to report any job search activities - California requires you to contact 3 employers per week while collecting benefits.

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how long does adjudication usually take if your claim gets flagged after a firing? mine has been pending for almost 3 weeks and I'm going crazy waiting

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Average is anywhere from 2-6 weeks unfortunately, though it can go longer. The timeline really depends on how quickly your former employer responds to EDD's inquiry and how backed up the adjudication unit is.

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ugh that's stressful. I haven't been able to get anyone on the phone to even check the status

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If you're really struggling to reach EDD about your adjudication status, the Claimyr service I mentioned earlier is genuinely useful for exactly this situation. claimyr.com - it helped me get through to an actual agent when I needed status updates during my own adjudication wait. You can see how it works at https://youtu.be/JmuwXR7HA10

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just here to confirm I got approved for unemployment after being fired from a tech support job last year. no warnings, vague 'culture fit' reasons given. EDD approved me without even going to full adjudication once my employer couldn't provide specific misconduct documentation. the process works, just gotta be patient

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Culture' fit - wow'that s even more vague than what I got. Good to know EDD sees throughthat.

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yeah they really do look at whether the employer can point to specific intentional rule violations. 'culture fit' doesn't even come close to meeting that threshold

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my boss told me specifically 'don't bother filing for unemployment, you won't get it' when she let me go. I filed anyway. Got approved. Former employer didn't even respond to EDD's questionnaire in time so it was basically uncontested. Bosses say a lot of things to discourage you from filing. Don't listen to them.

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employers do this ALL the time and it's infuriating. they bank on people being too intimidated or uninformed to file

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exactly. and the thing is even if they contest it and you get denied, you can APPEAL. the denial isn't final.

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appeals have a solid success rate too especially for termination cases where misconduct wasn't documented. the system, imperfect as it is, does give you multiple chances

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ok real question - what if you were fired AND you also quit a job about 6 months before that? does that affect anything with EDD?

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EDD looks at your 'base period' employment - generally the 12 months prior to filing with some specific quarter exclusions. As long as you worked enough hours and earned enough wages during that base period to establish a claim, prior employment separations matter much less. The most recent separation is what EDD scrutinizes most for disqualification purposes.

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ok so the quit from 6 months ago probably doesn't really matter since the firing is the most recent thing

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Correct. And if you quit that earlier job for 'good cause' (like unsafe conditions, unpaid wages, etc.) it generally wouldn't disqualify you anyway. EDD focuses on why you're currently not working.

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the job search requirement trips people up too - once you're approved and actively certifying, California requires you to conduct a real job search each week. you need to keep a record of at least 3 employer contacts per week. they don't always audit this but if they do you need documentation. I use a simple spreadsheet - employer name, date, how I applied, result.

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Good to know, I hadn't thought about the ongoing requirements after getting approved. How strict are they about this?

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They can audit anytime and ask for your job search log going back to when you started collecting. If you can't produce records you risk getting hit with an overpayment notice. Not worth the risk, just keep the log as you go.

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Also - if you genuinely need more time before you're ready to job search (like you're doing training or something) look into 'approved training' status which can modify those requirements. Not relevant for most people but worth knowing exists

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does anyone know if you can get fired and then immediately rehired somewhere else and still collect? asking for a friend lol

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If you're rehired full time somewhere else you'd need to report that income on your weekly certifications. If you earn over a certain amount in a week it reduces or eliminates your benefit for that week. You can't collect UI for weeks you're fully employed. Partial benefits are possible if you're working reduced hours at the new job.

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ok yeah that makes sense. asking bc my 'friend' just got a part time thing and wasn't sure if they had to report it

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Yes, report everything. Failing to report earnings is fraud and can result in repayment plus penalties. It's not worth it - partial weeks can still pay out benefits, just reduced.

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I'm about 2 months into collecting after getting fired and wanted to come back and give some encouragement to OP and anyone reading this. The filing process was scary and I almost didn't do it. Went through adjudication for about 4 weeks. Got approved. Benefits have been coming in reliably every two weeks. The job search requirement is manageable if you stay organized. You got this, just file and be patient.

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This is really encouraging, thank you for coming back to share. I filed today finally!

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🙌 Good! Now just make sure to certify every week starting this week even if your status doesn't look resolved yet

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love a good update comment. rooting for OP

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One thing I wish someone had told me - when EDD sends you their determination letter after adjudication, READ IT CAREFULLY even if you're approved. Sometimes they approve you but attach conditions or note that certain weeks won't be paid. And if you're denied, the letter tells you the exact deadline to appeal, which is typically 30 days from the mailing date. Missing that deadline is brutal.

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Good advice about reading it carefully. I'll make sure not to just glance at it.

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Yeah I approved-skimmed mine and missed that a couple weeks were excluded. Had to call to sort it out which was its own whole ordeal with the phone lines

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The phone lines thing is real. I ended up using Claimyr again when I had questions about my determination letter - got an agent on the line same day and cleared everything up. Claimyr.com if anyone needs it, total game changer for EDD contact issues

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genuinely did not know any of this. thought unemployment was only for layoffs. bookmarking this thread for my coworkers because our industry has really high turnover and a lot of people get let go without knowing they might qualify

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Please share widely! The misconception that fired = automatically disqualified is so common and it costs people benefits they've paid into through their paychecks their entire working lives. UI is an insurance system you've contributed to - you're entitled to use it if you qualify.

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that's a really good way to put it. you literally pay into it, it's not charity

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final update from me - I posted earlier in this thread worried about my adjudication. It came through approved this morning! 4.5 weeks after filing. My employer apparently submitted a response but couldn't provide documentation of any specific misconduct. EDD sided with me. First payment should process in a few days. For anyone in the middle of the wait - hang in there, keep certifying every week, and don't give up.

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Congratulations!! This gives me so much hope. How was the waiting process mentally? Did you just try not to think about it?

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Honestly really hard at first. Week 3 I got anxious and tried to call EDD every day to check status. Couldn't get through at all. Week 4 I found out about Claimyr (claimyr.com) and used it to actually reach an agent who confirmed my claim was still under review but hadn't been denied. That reassurance helped a lot. Then approval came a few days later.

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Love this resolution. Congrats! And yes for anyone mid-adjudication, being able to actually reach an agent to hear 'still under review, not denied' makes a massive psychological difference

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