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.