Does being fired affect unemployment eligibility? California EDD rules explained

That's a relief to hear. So EDD actually interviews both me and my employer separately? I didn't realize it worked that way.

Yeah, when there's a question about why someone was let go, EDD schedules a phone interview to hear both sides. The notice you get - the DE 4800 - has the date and time on it, and it also shows up on your UI Online homepage. Keep your phone nearby at that exact time because that's when the interviewer phones. Don't miss it - if you do, phone EDD that same day.

The DE 4800 thing is important. I almost missed mine because I didn't check UI Online and the notice got buried in my mail pile. The time printed on it is THE time, don't assume it'll be flexible.

Three weeks of adjudication sounds rough. Were your pending weeks in UI Online the whole time, and did they pay all of them once it was resolved?

Every certified week just sat as Pending in Claim History until the determination came through. Once EDD decided, all the back weeks processed at once. Keep certifying every two weeks no matter what - if you stop during adjudication and win, those uncertified weeks won't be paid.

That point about not stopping certifications during a pending situation deserves repeating loudly. So many people assume there's no point certifying while everything is frozen but you absolutely keep going.

I've already hit that wall calling EDD. Good to know there's another route - I'll check that out before I end up spending another two hours hitting redial.

The timing of calling ahead of the phone interview is smart. I didn't do that and walked into mine not knowing what the employer had already told EDD. Felt blindsided.

My layoff situation was straightforward so I didn't need the interview, but my roommate used Claimyr when his fired-for-cause claim hit a snag - he said the agent walked him through exactly which documents EDD still needed from his side before the interview date.

wait so like if you just got fired for being slow or not hitting numbers that's different from getting fired for stealing or fighting? i always thought fired was fired

Exactly that distinction. EDD draws a real line between misconduct - which is about willfully breaking a rule you knew about - and just not meeting performance expectations. Neither one is guaranteed either way, EDD decides after hearing both sides, but the standard isn't the same.

This clarifies something I was confused about. My performance issues were about output quotas, not anything I was warned about or deliberately did wrong. Good to know that matters.

Came here from a google search because my termination letter literally says 'failure to meet performance standards' and I had no idea this distinction existed. Following this thread closely now.

Fair and accurate point. The interview is real testimony, under the EDD process - both what you say and what your employer says matters. Going in prepared with your own clear account of events is the right move, not assuming a win.

Noted. I've been writing down everything I remember about the timeline, what was said, who was in the room. Is that the right approach?

That's exactly right. Dates, what was said, whether you received anything in writing, whether you were given a chance to respond - all of that is relevant context for the interview.

Your brother's wrong on that one. If EDD mails you a Notice of Determination that says you're not eligible, that same notice comes with an Appeal Form - the DE 1000M. You have 30 calendar days from the mailing date on the notice to file it. Miss that window and you'd need a reason for the late filing. It goes to the California Unemployment Insurance Appeals Board, and an administrative law judge holds a hearing where you can tell your side under oath.

oh okay so the 30 days is from when it's mailed not when i receive it? that feels like a tight window if mail is slow

Yes, the clock runs from the mailing date printed on the notice, not the day it hits your mailbox. So if you're waiting on a determination, check your mail daily and don't sit on it.

Good to have this in my back pocket even if I'm hoping it doesn't get to that point.

I did not know about this at all. I'll go to caljobs.ca.gov right now and get that set up. Thank you.

i just did mine last week, the resume part feels kind of awkward if your resume isn't polished but just get something up there, it doesn't have to be perfect

Any version of a resume satisfies the requirement. The important thing is getting it posted within that 21-day window from the DE 8405 notice date, not the quality of the document.

I haven't done my first certification yet - about how long after applying does that first one come up?

Usually about two weeks after EDD processes your application. The first certification typically covers the waiting week plus one paid week. The waiting week is unpaid - every claim has that one-week buffer built in - but you still certify it.

The waiting week surprised me too. I thought my first payment would cover two full paid weeks and was confused when the amount was lower than expected. It's just how every California UI claim works.

You can file right away, severance doesn't block you from claiming. EDD's position is that severance paid under a company plan isn't counted as wages for unemployment purposes, so it doesn't automatically disqualify a week. That said, it still appears on the list of things to report when you certify, so you report it and EDD makes the call on how it affects any given week.

So I still report it even if it technically doesn't disqualify me? I want to make sure I'm not accidentally underreporting.

Always report everything - severance, any part-time work, any other income - for the week it was earned. EDD decides what to do with it. Under-reporting is a much bigger problem than over-reporting.

This answered a question I was going to post separately. Filed yesterday and had a one-week severance lump sum and was completely unsure what to do with it.

wait your employer paid into unemployment for you so why do you have to pay taxes on the benefits? seems like double taxing

The employer pays the UI tax, not the employee - nothing comes out of your paycheck for unemployment insurance. The CASDI line on your stub covers disability and paid family leave, not UI. So the federal tax on benefits isn't double anything, it's just income tax on money you receive.

oh huh i always thought i was paying into it this whole time. good to actually know that

I keep forgetting live chat exists. Is there usually a wait there too or is it generally quicker?

There's sometimes a short wait but usually quicker than the phone line for straightforward questions. For anything complex, like adjudication questions or disputing something, the phone is the better tool.

The base period wage thing is something I hadn't thought to check. How do I verify what EDD has on record for my wages?

Your DE 429Z - the award notice - shows the weekly benefit amount it calculated. If the number seems off compared to what you actually earned in that period, that's a flag worth looking into before the benefit year goes too far.

I went through a base period dispute on a fired claim. The alternate base period thing confused me because someone told me I could request it to get higher wages counted. Had to get corrected that EDD only uses the alternate period when the standard one doesn't generate a valid claim at all, not to bump up a weekly amount that's already calculating.

I've got about 14 months at my warehouse job before this, so hopefully the wages add up. The DE 429Z showing $310 weekly suggests it calculated something, right?

If you received a DE 429Z with a weekly benefit amount on it, EDD found enough base period wages to generate a valid claim. The adjudication question now is about whether your separation qualifies, not whether the claim is financially valid.

That's a useful distinction - financial eligibility and separation eligibility are two separate questions EDD works through, and getting the DE 429Z means you cleared the first one.

I've been keeping a spreadsheet already just out of habit from previous job searches. Good to know it has a practical purpose here too.

That habit will serve you well. EDD's pages don't specify a required number of contacts, but being able to account for your search activity is just good practice.

My HR person at my old job told me EDD requires a certain number of applications per week. Reading this thread I'm thinking she may have been wrong about the specific number thing?

EDD's own materials don't publish a set contact number. Your HR person may have been thinking of a different program or just passing along a common misconception. The requirement is to be actively looking - what that means in practice isn't defined by a specific weekly quota in EDD's rules.

Report earnings for the week they were earned, not when the claim was active. When you certify, you answer what you earned in each specific week - if gig income landed in a week you're certifying, it goes in. The first $25 or 25 percent of gross weekly earnings, whichever is larger, isn't counted against your benefit that week, and anything over that gets subtracted from the weekly amount.

Got it. So partial earnings don't necessarily cancel the whole week's benefit, they just reduce it by the amount over that threshold. That's better than I thought.

The vague and defensive thing is good advice. I've been practicing how to describe what happened clearly without it sounding like I'm making excuses. There's a difference between explaining your side and being defensive about it.

Honestly the phone interview was less intimidating than I'd built it up to be in my head. The interviewer wasn't adversarial at all, they just went through the questions methodically. Answer what they ask, stay factual.

i panicked during mine and started rambling and kind of made myself sound worse. just answer the question they asked and stop, don't keep going

I'll remember this. Even if everything feels stalled and nothing seems to be processing, just keep certifying.

The appeal hearing itself - is that by phone or do you have to go somewhere in person?

The California Unemployment Insurance Appeals Board handles it and the Notice of Hearing tells you the format - hearings can be by phone or in person depending on the case. You get that notice at least 10 days before the hearing date. You can represent yourself, bring a union rep, or have an attorney, whatever works for your situation.

Your coworker telling you vacation pay auto-disqualifies sounds like the same kind of half-information that travels fast in workplaces. The rule is report it and let EDD sort the calculation.

Exactly. Report everything accurately and let EDD do the math. Trying to game what to report is the thing that actually creates problems.

This is accurate. The employer gets notified when a claim is filed and they have a response window. If they don't engage, EDD works with what it has. That's not a guarantee either way, but an employer who doesn't participate isn't making their case.

I hadn't even thought about whether my employer would actually bother responding. Good to know that their participation - or lack of it - is part of the picture.

Worth noting: EDD does notify your last employer regardless. The former employer gets a DE 1101CZ and has 10 days from that notice's date to respond. Some engage thoroughly, some barely respond. You just control your own side of it.

Really glad to hear that came through for you. Two weeks post-interview for the determination is the kind of timeline I'll keep in mind.

Two weeks is actually on the faster end from what I've seen. Sometimes it stretches longer. The main thing is having done the interview, certified, and submitted anything EDD asked for.

That framing is exactly right. The employer provides their account of what happened, but that's input to EDD's decision, not a veto. EDD decides, period.

Knowing that helped me stop catastrophizing about the notification. Filed my claim, did the interview, and now I'm just waiting on the DE 1080CZ - or hoping I won't need one because everything processes clean.

An employer trying to 'block' a claim is one of those myths that circulates forever. They respond to EDD's notice. After that, EDD runs the process.