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Miguel Silva

Got fired for not showing up to work - can I get unemployment in California?

So I got terminated last week and I'm trying to figure out my options. My situation is kind of complicated - I had been dealing with a really bad family emergency that came up suddenly and I missed several shifts without calling in because honestly everything was chaotic and I just wasn't thinking straight. My manager ended up terminating me after the third missed shift citing a no-call-no-show policy in the employee handbook. Now I'm wondering if I can even file for California EDD unemployment benefits or if I'm automatically disqualified because technically I got fired for attendance issues. I've seen conflicting info online - some places say any termination for cause means no benefits, other places say it depends on the circumstances. Has anyone been through something like this where they got fired for not showing up to work and still managed to get approved? I'm worried about submitting a false claim but I genuinely believe my situation had extenuating circumstances. Do I even bother filing or am I just wasting everyone's time?

You should absolutely file. A lot of people don't realize this but California EDD doesn't automatically deny claims just because you were fired. The key question is whether you were fired for 'misconduct' under California unemployment law, and missing work due to a genuine emergency often does NOT meet that legal standard. Misconduct in the California UI context means willful or wanton disregard for your employer's interests - a family emergency showing up suddenly is usually not that. File the claim, explain your circumstances honestly, and let EDD make the determination. Worst case they deny it and you appeal.

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That's actually really reassuring to hear. I kept reading stuff online that said fired = no benefits but it sounds like it's more nuanced than that.

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This is correct. I work in HR and the misconduct standard in California is actually pretty claimant-friendly compared to other states. Document everything about your family emergency before you file.

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yeah what they said, i was fired once for attendance too and got approved after explaining my medical situation to EDD

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WAIT. Before you even worry about whether you qualify, you need to understand that California EDD is going to contact your former employer and get their side of the story. Your employer will definitely say you violated attendance policy. EDD then has to weigh both sides. This is called the fact-finding process and it can take weeks. Your claim might go into adjudication which means it's under review and you won't get paid until it's resolved. Just want you to be prepared for this NOT being a quick process.

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Ugh adjudication sounds stressful. How long does that usually take?

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Adjudication timelines vary a lot - anywhere from 2 weeks to 2+ months depending on complexity and EDD's current backlog. During this time you should still be filing your weekly certifications so if you do get approved you get back pay for those weeks.

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THIS IS SO TRUE. I was in adjudication for 8 weeks and nobody at EDD would tell me anything. Tried calling every single day and could never get through to a real person. It was absolutely maddening.

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I went through almost the exact same situation about six months ago - fired for no-call-no-show after a medical situation in my family. When I filed my EDD claim I was honest about everything and it went into adjudication pretty quickly. The thing that saved me was that I had text messages between me and my manager where I had at least tried to communicate what was happening even if I hadn't officially called in. EDD asked me to submit documentation and I sent screenshots of those texts along with a statement explaining the emergency. Got approved after about 5 weeks. So document everything you have, even partial communication attempts matter.

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Oh wow that gives me hope. I did actually send my manager a text at one point even though I didn't do a formal call-out. Should I save that before they lock me out of work accounts?

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Yes absolutely save everything NOW before you lose access. Screenshots, emails, texts, anything showing you tried to communicate or explaining what was happening.

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smart advice on saving evidence early. also check if your workplace has any FMLA or leave policy that should have applied - if they fired you when they should have offered leave that's a whole separate issue

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ok real talk the hardest part of all this isn't figuring out if you qualify - it's actually getting California EDD on the phone when they have questions about your claim. I spent literally 3 weeks trying to get through to anyone after my claim went into adjudication and I kept getting busy signals or getting disconnected after waiting an hour. A coworker told me about Claimyr (claimyr.com) and it completely changed things. They basically navigate the EDD phone system on your behalf and get you connected to an actual EDD rep. There's a video showing how it works at https://youtu.be/JmuwXR7HA10 - I was skeptical at first but I got through to someone within a day and was able to explain my circumstances directly to a rep which I think is what finally moved my claim forward. If your claim goes into adjudication, being able to actually talk to someone makes a huge difference.

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I've heard EDD phones are basically impossible. I'll check out that link, thanks.

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yeah EDD phone system is notoriously brutal. good tip

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honestly calling EDD directly is crucial when you have a complicated fired-for-cause situation because you can explain nuances that don't fit neatly into the online forms

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I want to add something important that nobody mentioned yet - when you file your California EDD claim and it asks why you were separated from your employer, do NOT say you quit or that it was mutual. Say you were discharged/fired. I know some people think saying you quit sounds better but it actually makes it harder to get benefits in California. When you're fired, the BURDEN is on EDD to prove misconduct to deny you. When you quit, the burden flips and YOU have to prove you had good cause to quit. So always be accurate - if they fired you, say fired.

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Oh I definitely wasn't going to say I quit because that's not what happened. But good to know about how the burden of proof works differently.

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This is an excellent point that a lot of people get confused about. The fired vs quit distinction is critical in California UI law and affects who has to prove what.

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wait really?? I had no idea about this burden of proof difference. I've been on both sides of employment separations and never knew this

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can i ask a dumb question - when you say family emergency what kind of situation are we talking about? because i think the type of emergency might matter. like if it was a parent in the hospital vs just like a personal issue there might be a difference in how EDD sees it? idk im not an expert but it seems like documenting the seriousness of the emergency would help your case

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It was my child who had a sudden serious medical situation, I was basically at the hospital for several days straight. I have hospital records.

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Hospital records are excellent documentation. A child's medical emergency is exactly the type of situation that can demonstrate your absence wasn't willful misconduct. Keep those records.

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Yes the nature and severity absolutely matters. A documented child medical emergency is among the stronger cases you could have for an absence-related termination.

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I just want to share that I filed for unemployment after getting fired last year and the process is less scary than it seems. Go to the California EDD website at edd.ca.gov and start a UI Online account if you don't have one. The initial application takes maybe 30-45 minutes. Be detailed in the separation reason section - don't just put a few words, actually explain what happened. The more context you provide upfront the less back-and-forth you might need to do. And start filing your weekly certifications immediately even while waiting - you have to certify weekly to keep your claim active and get paid for those weeks if you're approved.

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Is the weekly certification separate from the initial claim? I wasn't sure how that worked.

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Yes completely separate. Initial claim gets you into the system. Then every week you have to log in to UI Online and certify - basically confirming you're still unemployed, did any job search activities, and are available for work. If you skip a week you might lose benefits for that week.

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yes this! don't skip certifications even while in adjudication. that's how you make sure you get all back pay if approved

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Not trying to be negative here but just want to make sure you're prepared - if your employer has solid documentation of the no-call-no-show policy and you violated it multiple times, EDD might still find misconduct even if you had reasons. I've seen people get denied in similar situations. That said ALWAYS appeal if you get denied because the appeals process (Board of Appeals hearing) gives you a real chance to present your side with all your documentation in front of an administrative law judge. Many people win on appeal who lost the initial determination.

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I really hope it doesn't come to an appeal but it's good to know that's an option. How long does the appeals process take?

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Appeals to the California Unemployment Insurance Appeals Board typically take 4-8 weeks to schedule a hearing after you file. The appeal must be filed within 30 days of your determination notice so watch the dates carefully.

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Appeals are absolutely worth filing when you have documentation of extenuating circumstances like a child's medical emergency. Administrative law judges at the CUIAB look at the totality of circumstances and give claimants a real hearing.

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omg i went through this exact situation except mine was more of a mental health crisis and i missed like 5 days without calling. EDD did put me in adjudication but they called me and i was able to explain everything. they asked really specific questions about whether my employer knew why i was absent and whether i made any attempt to notify them. having documentation of my doctors visits really helped my case. got approved eventually!

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That's so reassuring to hear. Did you reach out to EDD or did they contact you first?

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they contacted me first via phone for the fact-finding interview. but i had also tried calling them to proactively explain my situation which i think showed good faith

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The fact-finding interview is really important - that's your chance to tell your side directly. If they try to call and you miss it, call back ASAP because delays can slow down your claim

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Something practical to know about job search requirements - once your California EDD claim is active and you're receiving benefits, you're required to conduct job searches every week (usually 3 contacts per week) and log them in your weekly certifications. If you're on standby status waiting to be recalled by an employer this requirement may be waived, but since you were terminated that probably doesn't apply to you. Make sure you're keeping a log of your job search activities from day one because EDD can audit your job search records going back months.

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I didn't know about the job search requirement being 3 per week. Is that contacts as in applying, or does it include other activities?

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California EDD considers various activities as job search contacts - submitting applications, attending interviews, contacting employers directly, networking events, job fairs, etc. The key is logging them accurately in your weekly certification. EDD can request your job search log as evidence of compliance.

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Also register with CalJOBS when you file your EDD claim - EDD requires this and it helps satisfy job search requirements. Some people forget this step.

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I had a similar situation a couple years back - got fired for attendance and honestly I was so embarrassed I almost didn't file at all. I thought it meant I did something wrong and didn't deserve help. But a friend pushed me to file and I'm so glad she did. Unemployment insurance is literally what you paid into while you were working. You have every right to file and let the system determine eligibility. Don't let shame stop you from accessing benefits you might legitimately qualify for.

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This actually really helped me emotionally. I have been feeling a lot of shame about this whole situation.

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That shame is so common and so unnecessary. The system is designed for exactly these kinds of complicated situations. File the claim, be honest, and see what happens.

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100% agree. EDD exists for situations like this. the worst they can say is no and then you appeal

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Following up on what I mentioned earlier about Claimyr - I want to be specific about WHY being able to actually reach EDD by phone matters so much in a fired-for-cause situation specifically. When your claim is in adjudication for a termination case, EDD has a fact-finding process where they may try to reach you. If they can't reach you or you can't reach them to answer their questions, your claim can sit for months. Having a way to reliably get through to an EDD agent means you can proactively provide context, ask about the status of your fact-finding, and find out if there's any additional documentation they need. Claimyr (claimyr.com) is genuinely useful for this - the video demo at https://youtu.be/JmuwXR7HA10 shows exactly how it works.

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Makes a lot of sense. Being proactive seems really important in adjudication cases.

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This is good advice. In complex termination cases especially, being able to reach EDD proactively rather than just waiting is huge. The system doesn't always flag claims for follow-up as quickly as it should.

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quick question for the people who know - if EDD denies the claim does the employer have to pay back their portion or does it come out of a general fund? asking because i'm wondering if employers actively fight these claims for financial reasons

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Yes employers absolutely have financial incentive to contest unemployment claims because their UI tax rate (experience rating) goes up when former employees collect benefits charged to their account. This is exactly why employers often contest termination claims even when the circumstances might favor the employee. Don't be surprised if your former employer fights your claim.

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This is a really important point. Your former employer may submit documentation against you or argue their case to EDD. This is normal and doesn't mean you lose - it just means EDD weighs both sides.

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That's honestly really useful context. So my employer has a financial motive to say this was misconduct even if it wasn't. I'll make sure to document my side really thoroughly.

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CAN WE TALK ABOUT HOW TERRIBLE THE EDD SYSTEM IS FOR A SECOND. I'm in a similar situation right now - fired, claim in adjudication, can't get anyone on the phone, online portal shows basically nothing useful. I've sent messages through Ask EDD and gotten form responses that don't address my actual questions. It's been 6 weeks and I'm completely out of money. I don't know how people are supposed to survive while waiting for EDD to get its act together. I have bills due NOW not in 8 weeks when they finally decide to review my claim.

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I really feel for you - that desperate waiting period with no income is brutal. Have you tried Claimyr? When I was in a similar situation of not being able to get through to anyone, using claimyr.com is what finally got me an actual EDD agent on the phone who could tell me what was happening with my claim and what additional info they needed. Might help you get some answers at least even if it doesn't speed up the actual decision.

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Also while waiting look into whether you qualify for any county-level emergency assistance programs or CalFresh (food assistance) - these can bridge the gap while waiting for UI benefits to come through. Don't assume you have to just survive with nothing.

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Thank you both. I will look into both of these options. I just feel completely abandoned by a system I paid into for years.

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Does anyone know if you can work part time while waiting for the EDD adjudication to resolve? Like if i pick up some gig work or a few hours at another job would that automatically disqualify me or hurt my claim?

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Part time or gig work while claiming UI is allowed - you just have to report ALL earnings in your weekly certifications. EDD will reduce your benefit amount for weeks where you earned income but you won't necessarily lose benefits entirely. The formula is complex but basically they disregard a small amount and then reduce benefits based on earnings above that. DO NOT fail to report earnings - that can result in overpayment fraud charges.

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This is correct and important. Reporting earnings is mandatory. Many people make the mistake of not reporting small amounts of gig work thinking it doesn't count - it does and EDD can match earnings records from tax filings later.

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oh wow good to know. i was not aware that not reporting could be considered fraud. definitely will report everything

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has anyone had luck with the ask edd message system for adjudication questions? i tried submitting a question and got a response 3 weeks later that didn't even answer what i asked lol

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Ask EDD is basically useless for anything complex or time-sensitive. It's fine for simple questions but for adjudication status questions or anything that requires actual account review, you need to talk to a live person.

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Ask EDD is a JOKE for adjudication. Three weeks response time for a copy-paste answer that doesn't help. It's like they designed it to not actually help people.

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Phone is genuinely the only way to get real answers about adjudication status. Which is why EDD phone access is so critical and why it's so frustrating that their call volume makes it nearly impossible to get through on a normal basis.

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A few more practical tips for OP since it sounds like you're just starting this process. 1) Take screenshots of your UI Online portal every time you check it - dates and status changes matter and you'll want a record. 2) Keep notes of every interaction with EDD including dates, times, who you spoke with, and what was said. 3) If you receive any mail from EDD, open it IMMEDIATELY - deadlines to respond are short and missing them can hurt your claim badly. 4) Read every notice EDD sends carefully because they often include deadlines that aren't obvious.

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This is gold, thank you. The bit about reading mail immediately is especially important - I would not have thought about tight response deadlines.

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Can't emphasize the EDD mail point enough. I almost missed an appeal deadline because I assumed a letter was just informational. Always read everything from EDD right away.

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Final thought from me - whatever happens with your claim, don't give up if you get an initial denial. I know people who were denied twice and won on their third try at the appeals board. The process is exhausting and demoralizing but the stakes are high enough to keep fighting if you genuinely believe your circumstances warrant benefits. Document everything, be persistent, and don't let a form letter denial be the end of the story.

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Thank you everyone in this thread. I'm going to file today. I'll report back on what happens.

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Good luck! Come back and update us - your outcome might help others in a similar situation.

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Filing today is the right move. The longer you wait the more weeks of potential back pay you're leaving on the table if you are approved.

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