EDD benefits after being fired - eligibility questions with termination

Yes you can get benefits even if fired! I was in a similar situation last year. The key is whether you were fired for "misconduct" - which has a specific definition for EDD purposes. Performance issues alone usually DON'T count as misconduct unless you were deliberately breaking company policies. When you file, be honest about the termination but focus on the lack of warnings or documentation of performance issues. EDD will contact your employer for their side of the story, that's standard procedure. They'll make a determination based on both accounts. If your employer can't prove misconduct, you should qualify. Make sure to provide detailed info when you file!

i got fired 2x and got unemployment both times lol. just apply and see what happens! worst they can say is no

To clarify what others have said, here's the important distinction: EDD differentiates between being fired for "misconduct" versus poor performance or not being a good fit. Misconduct, according to EDD, means a deliberate disregard for the employer's interests - like stealing, excessive unexcused absences, willfully breaking major rules, etc. Based on what you described, it sounds like: 1. You weren't given warnings (documenting progressive discipline is important for employers) 2. You had no negative performance reviews 3. The termination was sudden All these factors work in your favor. When you file your claim, you'll be asked about the separation. Be truthful but concise - state you were terminated for alleged performance issues but received no prior warnings or negative reviews. Yes, EDD will contact your former employer. They'll have 10 days to respond with their version. If they don't respond, EDD typically sides with the claimant. If they do respond with conflicting information, you might need an eligibility interview (phone call with an EDD representative). Don't panic if your claim initially shows as "pending" for a few weeks - that's normal while they investigate.

When I got fired last year my ex-boss told EDD I was late all the time but that wasn't true!! They denied my claim and I had to APPEAL. It was so stressful!! The hearing took FOREVER to schedule. Make sure you keep documenting everything and save any emails or messages that show you were doing your job right. Take screenshots of any good feedback you got!!!

File right away - don't wait. Your final paycheck doesn't affect your ability to file a claim. You'll need to report any severance or final wages during the certification process, but that comes later. I recommend filing online through UI Online as it's the fastest method. Make sure you have: - Your employment history for the last 18 months (company names, addresses, phone numbers) - Your social security number - Your ID/driver's license information - Your last employer's information including their EDD account number if you have it After you file, it typically takes 2-3 weeks for processing under normal circumstances. However, if there's any question about your eligibility (like being fired rather than laid off), you might be scheduled for a phone interview which can add several more weeks to the process. I've helped several friends navigate this exact situation. If you need to reach an EDD representative to check on your claim (which can be nearly impossible through their regular phone lines), there's a service called Claimyr that can help you get through to an agent quickly. I used them when my claim was pending and got connected within an hour: claimyr.com - they also have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Don't worry too much about your former employer blocking your claim if they can't prove misconduct. The EDD has specific legal criteria they follow.

I work in HR (not giving legal advice) and can tell you that employers have to provide substantial documentation to prove misconduct. If you truly had no written warnings, no documented performance plans, and no negative reviews, your former employer will have a hard time blocking your claim. However, be prepared that they might still try. Some companies automatically contest ALL unemployment claims as a matter of policy. Don't take it personally if they do. If your claim is initially denied, APPEAL IMMEDIATELY. Many claims that are initially denied are approved on appeal, especially when the employer lacks proper documentation. The appeal process is fairly straightforward but can take 6-8 weeks for a hearing. Also, start your work search right away and document everything. Even before your claim is approved, keep records of all jobs you apply for. You'll need this information for your bi-weekly certifications.

Yes, absolutely file now! You don't need to wait for your final paycheck. The sooner you file, the sooner your claim will be processed. Any wages paid after your termination will be reported during your bi-weekly certifications. For your work search records, you should track: - Date of application/contact - Company name - Position applied for - Method of application (online, in-person, etc.) - Contact information if you have it - Any follow-up actions EDD requires you to make at least 3 job contacts per week and be able to provide this information if requested. Most people don't get audited, but if you do and don't have records, it can cause problems with your claim. And yes, if your claim does go to an eligibility interview or appeal, having documentation showing you were performing adequately (emails with positive feedback, performance reviews, etc.) can be extremely helpful.

my cousins boss fired him for being late 2 times and he still got unemployment!!! your situation sounds wayyy better than his so don't worry

Quick update on your timing question - in my experience, after EDD contacts your employer, if there's no dispute, you could see a determination within 2-3 weeks. But if your employer contests it, you'll likely get scheduled for an eligibility interview which could add another 3-6 weeks to the process. Unfortunately, the waiting is the hardest part with EDD! If they schedule you for an eligibility interview, make sure you're available at the scheduled time - missing that call can really delay things further.

To answer your question about my appeal - YES I won! But it took almost 2 months for the hearing and another 3 weeks to get paid after that. During the hearing the judge asked my boss for evidence of all these times I was supposedly late and she couldn't provide ANY!!! Make sure you write down everything you remember about your job performance now while it's fresh in your mind.

I just went through this exact situation 3 months ago! Filed immediately after being terminated for "performance issues" with zero documentation. Here's what helped me: 1. When filling out the initial claim, I wrote exactly what happened - terminated for performance with no prior warnings or write-ups 2. Gathered any positive emails/feedback from coworkers or supervisors 3. My employer did contest it (took about 2 weeks to hear back) 4. Had to do a phone interview with EDD - lasted maybe 15 minutes 5. Got approved within a week after that! The EDD interviewer asked very specific questions about whether I had received any verbal or written warnings, performance improvement plans, etc. Since I could honestly say no to all of that, it worked in my favor. One tip - when they ask about the termination, stick to the facts and don't get emotional or bash your former employer. Just state what happened objectively. The lack of proper documentation from your employer will likely work in your favor just like it did for me. Good luck with your claim! The waiting is stressful but try to stay positive.

I've been following this thread and wanted to add some practical advice about the waiting period while your claim is being processed. Since you just filed, here are some things that helped me when I was in a similar situation: 1. Set up direct deposit in your UI Online account ASAP - it's much faster than waiting for a debit card to arrive by mail 2. Start certifying for benefits every two weeks even if your claim is still "pending" - you can backdate payments once approved 3. Keep detailed records of your job search from day one. I used a simple spreadsheet with columns for date, company, position, how I applied, and any follow-up 4. Don't panic if your claim status shows "pending" for several weeks - that's completely normal for termination cases The hardest part is the financial stress while waiting, but based on what you've described (no warnings, no documented performance issues, sudden termination), your case sounds very strong. Many employers use vague "performance" language when they're really just cutting costs, and EDD sees this all the time. Also, if you're worried about bills while waiting, look into local emergency assistance programs. Many counties have rent/utility assistance for people dealing with sudden job loss. It can help bridge the gap while your claim processes. Hang in there - the process is slow but it sounds like you have a solid case!

I was in almost the exact same situation about 6 months ago - fired out of nowhere for "performance issues" with no prior documentation. I was terrified I wouldn't qualify for benefits, but I did get approved! Here's what I learned: The key thing is that California has a pretty employee-friendly standard for unemployment. Being fired for poor performance usually doesn't disqualify you unless it was willful misconduct or violation of company policy. From what you described - no warnings, no bad reviews, sudden termination - it sounds like your employer is going to have a hard time proving misconduct. When I filed, my employer also contested it (seems like most do automatically). I had to do a phone interview with EDD about 3 weeks after filing. The interviewer was actually really fair and professional. They asked questions like: "Did you receive any written warnings?" "Were you placed on a performance improvement plan?" "Did you violate any company policies?" Since I could honestly answer no to all of these, I was approved. The whole process took about 5 weeks from filing to receiving my first payment. The waiting was nerve-wracking, but it worked out. Keep your chin up and be completely honest when you file - your situation sounds very similar to mine and I got approved. Document everything you can remember about your employment and start applying for jobs right away. You've got this!

I've been reading through all these responses and they're giving me so much hope! I was literally panicking yesterday thinking I'd never qualify for benefits after being fired. It's really encouraging to see so many people who were in similar situations and still got approved. One thing I'm wondering about - several people mentioned keeping records of positive feedback or emails from work. I'm kicking myself because I didn't think to save any of that stuff before they cut off my work email access. Does anyone know if it's worth trying to reach out to former coworkers to see if they'd be willing to provide written statements about my work performance? Or would that seem desperate/inappropriate? Also, I just want to say thank you to everyone who's shared their experiences here. When you're suddenly unemployed it feels like the world is ending, but seeing that so many people have navigated this successfully is really helping me stay positive. This community is amazing!

I just wanted to jump in here as someone who went through this exact situation about 8 months ago. Everything everyone has said about being honest on your claim is spot on - that's the most important thing. One thing I haven't seen mentioned yet is that you should also check if your employer offers any kind of severance or separation agreement. Even if they fired you, some companies will offer a small severance package if you sign a separation agreement that includes language about not contesting unemployment benefits. It's worth asking HR if this is an option - the worst they can say is no. Also, while you're waiting for your claim to process, consider filing for other benefits you might be eligible for like CalFresh (food assistance) or emergency rental assistance through your county. These programs are designed exactly for situations like yours and won't affect your unemployment eligibility. The fact that you had no prior warnings or negative reviews really does put you in a strong position. I know the waiting is brutal when bills are piling up, but based on everything you've shared, your case sounds very solid. Keep documenting your job search activities and stay positive - you're going to get through this!

I'm going through this exact situation right now too! Got fired three days ago for "performance issues" with zero documentation or warnings. Reading through everyone's experiences here has been incredibly helpful and reassuring. I was convinced I'd be automatically disqualified since I was fired rather than laid off, but it sounds like that's not necessarily the case. I'm planning to file my claim today after reading all this advice. The part about EDD differentiating between misconduct vs. poor performance is really important - I had no idea there was such a specific legal definition. Like you, my termination was completely sudden and they gave me very vague reasons. One question for everyone who's been through this - when you filed online, did you include a lot of detail in the separation reason section, or did you keep it brief? I'm trying to figure out how much to explain versus just stating the basic facts. Don't want to hurt my case by saying too much or too little. Thanks to everyone who's shared their stories - this thread is like a lifeline when you're dealing with the stress and uncertainty of sudden unemployment!

I'm reading through this thread as someone who's been helping friends navigate EDD claims, and I wanted to add a few practical tips that haven't been mentioned yet: 1. **Screenshot everything** - Take screenshots of your UI Online account status, any error messages, and confirmation pages. EDD's system can be glitchy and having proof of what you submitted/when can be crucial if there are technical issues. 2. **Keep a simple log** - Write down every interaction with EDD (phone calls, online submissions, etc.) with dates and reference numbers. This becomes invaluable if you need to escalate issues later. 3. **Don't ignore any EDD mail** - Even if it looks like junk mail, open everything from EDD immediately. Missing a hearing notice or deadline can seriously delay your benefits. 4. **Prepare for the long game** - Even straightforward cases can take 4-6 weeks due to EDD's backlog. Having a financial plan for this period reduces stress significantly. Your case sounds very strong based on the lack of documented warnings or performance issues. The fact that multiple people here with similar situations got approved should give you confidence. Stay organized, be patient with the process, and don't let the waiting period discourage you from continuing your job search. Good luck!