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Oliver Zimmermann

Got fired from my job - can I apply for California EDD unemployment?

So I got let go from my job last Friday and I'm honestly not sure if I even qualify for unemployment since I was fired. My manager said I was being terminated for 'performance issues' but honestly I feel like it was unfair and came out of nowhere. I'd been at the company for about 2 years and never had a formal write-up or anything. A coworker told me that if you get fired you can't get unemployment but that doesn't sound right to me. I went to the California EDD website and it says something about 'misconduct' being a disqualifier but I don't know if that applies to my situation. Has anyone successfully gotten unemployment after being fired? Should I even bother applying?

Yes, absolutely apply! This is one of the biggest misconceptions about California unemployment - getting fired does NOT automatically disqualify you. The key distinction California EDD makes is whether you were fired for 'misconduct' as defined under California Unemployment Insurance code. Performance issues, not meeting quotas, or even personality conflicts with management typically do NOT count as disqualifying misconduct. Misconduct under California EDD rules generally means things like intentional rule violations, theft, harassment, or showing up drunk to work. If your termination was due to things like not hitting targets or general performance, you have a solid chance of qualifying. File your claim immediately at UI Online - don't wait because your benefit year starts from the week you file, not the week you got fired.

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This is really reassuring to hear. So even though they said 'performance issues' I should still file? I've been putting it off because I assumed I wouldn't qualify.

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Yep file asap. I got fired for 'not being a good fit' and got approved no problem. EDD looks at the actual reason not just what the employer calls it.

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Agreed. The burden is actually on your former employer to PROVE misconduct to California EDD. If they can't demonstrate it was intentional or willful wrongdoing on your part, you'll likely be approved even if they contested the claim.

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To add to what was said above - when you file your UI claim on UI Online, you'll be asked to explain the reason for separation. Be honest and straightforward. Say something like 'terminated by employer, reason given was performance.' Don't overthink it or try to spin it. California EDD will then contact your former employer for their side. The employer has to respond and provide documentation if they want to contest. If they claim misconduct, there will be an adjudication process where EDD reviews both sides before making a determination. Just be factual and consistent in everything you submit.

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What happens during adjudication? Is that like an investigation? Do I need a lawyer?

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Adjudication basically means EDD is reviewing the circumstances before approving or denying. They may call you to ask questions - answer honestly, stay calm. You don't need a lawyer at this stage. It's just EDD gathering info.

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adjudication took like 6 weeks for me when my employer contested lol it was brutal but i got approved eventually

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I was in almost the exact same situation about 8 months ago - fired for 'performance' after 3 years with no prior written warnings. Filed my claim and the employer did contest it. During the adjudication period I needed to actually talk to someone at EDD to understand what documents to submit. Calling EDD directly was an absolute nightmare though - I spent days just getting busy signals or getting disconnected. Someone on here actually told me about Claimyr (claimyr.com) which basically gets you connected to a live EDD agent without sitting on hold forever. There's a demo video at https://youtu.be/JmuwXR7HA10 that shows how it works. Got through to an agent within a day and they walked me through exactly what I needed to provide during adjudication. Ended up getting approved.

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Oh wow I didn't even think about needing to call EDD. I assumed it was all done online. I'll check out that Claimyr thing if I run into issues getting through.

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I've heard of Claimyr before. Did it actually work well? EDD phones are seriously impossible.

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Yeah it genuinely worked. Got a callback from an actual EDD agent which was kind of shocking after spending two days trying to call myself. 10/10 would recommend if you're dealing with anything contested or complicated.

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bookmarking this for when i inevitably need to call edd 😭

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wait so theres actually a difference between getting fired and getting fired FOR MISCONDUCT?? I always thought fired = no unemployment. this thread is genuinely changing my life rn lol

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Yes! This is super important. California EDD distinguishes between a simple termination and a termination for misconduct. Most firings - even ones that feel unfair - don't meet the legal definition of misconduct under California UI code.

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Exactly. And even if EDD initially denies your claim, you can appeal. The appeals process gives you a hearing with an administrative law judge where you can present your case.

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Here's what you need to do right now in practical terms: 1) File your initial claim on UI Online at edd.ca.gov TODAY - seriously don't delay even one more day. 2) When asked why you're no longer working, state you were terminated and explain briefly that the reason given was performance. 3) Gather any documentation you have - emails, performance reviews, anything that shows your work history with the company. 4) Set up your UI Online account fully so you can certify for benefits weekly. 5) Start your job search log right away - California requires you to actively search for work and document it while receiving benefits. Even if your claim is in adjudication, keep certifying weekly or you could miss payments.

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Should I keep certifying during adjudication even if I haven't been paid anything yet?

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YES. This is really important. Keep certifying every week no matter what. If your claim gets approved after adjudication, you'll receive back payments for all the weeks you certified. If you stop certifying, you won't get those weeks even if you're eventually approved.

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This happened to me, stopped certifying thinking it was pointless while waiting and lost like 3 weeks of benefits 😤 don't make my mistake

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What counts for the job search requirement? Like does applying on Indeed count?

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Okay but genuine question - does my former employer KNOW I filed for unemployment? Like will they get notified? I'm worried about it affecting any potential reference they might give me.

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Yes, your former employer will be notified that you filed a UI claim and given an opportunity to respond. However this is completely legal and normal - employers expect it. Most HR departments don't hold it against former employees for filing. It's your legal right to apply.

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Honestly if they'd hold a reference hostage over you filing for unemployment you probably don't want them as a reference anyway

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This makes sense. I was worried about burning bridges but I think I need to just do what's right for me financially right now.

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I want to push back slightly on the optimism here - not to discourage OP from filing because you absolutely should - but just to set realistic expectations. If your employer contests the claim and alleges misconduct, the adjudication process can take 4-8 weeks and sometimes longer. During that time you get NOTHING. No payments at all until a determination is made. Make sure you have some savings buffer or other income options while you wait. The system is slow and if EDD tries to call you and you miss it, it resets the whole clock.

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Ugh that's really scary to think about. What if I miss their call?

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Check your UI Online messages constantly and make sure your phone number is updated. EDD often tries to reach claimants by phone to conduct an interview as part of adjudication. If they can't reach you it delays everything.

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This is another reason Claimyr was so useful for me - I was able to proactively call EDD to give them my updated contact info and confirm they had everything they needed. Didn't have to wait and wonder if they were trying to reach me.

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filed for unemployment after getting fired last year. my employer fought it hard and claimed it was misconduct. EDD sided with ME after adjudication. just hang in there and be honest with them

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This is so encouraging thank you. Can I ask what kind of documentation you submitted?

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Mostly just emails showing I was doing my job, no formal warnings in writing, and my own statement explaining what happened. Kept it simple and factual.

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yeah they really do look at whether there was any written discipline before the firing. no paper trail = harder for employer to prove misconduct

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One thing nobody mentioned - make sure you meet the base period earnings requirement too. To qualify for California UI you need to have earned enough wages in what EDD calls your 'base period' - basically the first 4 of the last 5 completed calendar quarters before you filed. If you've been working for 2 years that should be totally fine but worth knowing the eligibility isn't just about HOW you separated from the job.

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Good point, I've been working there 2 years full time so hopefully that's not an issue. What if someone only worked there a short time though?

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There's also an alternate base period option if you don't qualify under the regular base period - EDD will automatically check both. So even if your regular base period earnings were low, you might qualify under the alternate calculation.

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Exactly right. And your weekly benefit amount will be based on your highest earning quarter in the base period, so the longer you worked the higher your potential benefit.

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can i just say the UI Online system is a complete disaster to navigate when youre doing this for the first time?? i spent 45 minutes trying to figure out where to even enter my separation reason. they really need to redesign that thing

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Totally agree. One tip - when you set up your UI Online account use Chrome or Firefox, not Safari. The site has weird issues with Safari sometimes.

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SAME took me forever to figure out where to certify vs where to manage my account. they're kind of different sections

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Ugh I was already dreading figuring this out. At least now I know to use Chrome lol

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my sister got fired for 'attitude problems' last year and got unemployment no problem. EDD basically told her employer that attitude and personality conflicts don't meet the misconduct standard. So yeah 'performance issues' sounds like you should be fine

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This is a good real-world example of exactly how California EDD applies the misconduct standard. Vague reasons like attitude, fit, or performance rarely hold up.

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Though I'd note that if there was any kind of final incident - like a blowup with a manager or a clear policy violation - employers sometimes use those as the hook for a misconduct claim even if the underlying reason was different.

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To answer the job search requirement question from earlier - yes, Indeed applications count. You need to make 3 job search contacts per week under current California EDD requirements. Keep a log with dates, company names, positions, and how you applied. You don't submit this log to EDD weekly but you need to have it ready if they ever audit your job search activity. EDD can and does conduct random job search audits.

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3 per week doesn't seem that bad. Is there any way to be exempt from the job search requirement?

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Yes - if you're on standby status because you have a definite return-to-work date with your current employer within 10 weeks, you can be exempt. But that doesn't apply in OP's situation since they were fired. There are a few other exemptions but they're pretty narrow.

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Also if you're in an approved training program you can be exempt but you have to apply for that specifically through EDD

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applying for EDD online took me maybe 20 minutes once I actually sat down and did it. the anticipation was way worse than the actual process. just do it OP

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Okay this is what I needed to hear. I've been psyching myself out. Going to do it today.

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good! and screenshot or write down your confirmation number. seriously.

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Update us when you file! Genuinely curious how this plays out. And if your employer does contest and you end up needing to appeal a denial, come back to this thread - the appeal process is a whole other thing to navigate but it's very doable. Appeals have to be filed within 30 days of a Notice of Determination and you get an actual hearing with an administrative law judge.

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I will definitely update. You all have been so much more helpful than I expected. Starting the application right now.

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Good luck! And seriously if you get into adjudication and need to speak to someone at EDD, don't waste days trying to call - check out claimyr.com first. That adjudication period is stressful enough without adding phone hell to it.

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rooting for you!! the system is confusing but you've got this

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just here to say i was terrified when i got fired thinking my life was over financially and the unemployment process ended up being way more manageable than i thought. you're doing the right thing by researching. good luck

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Thank you, this genuinely means a lot right now.

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same energy. getting fired is scary and the uncertainty about benefits makes it so much worse. glad there are threads like this

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One more thing worth mentioning - if you do get denied and have to appeal, start gathering any documentation NOW before you lose access to company systems. Emails, performance reviews, org charts showing who your manager was, anything that establishes the timeline and context of your termination. Once your accounts are deactivated you can't get any of that back.

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Oh wow I hadn't thought of this at all. I still have access to my work email for another week per HR. Going to download everything I can today.

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Smart. Even if you end up not needing it, having documentation never hurts. And if there's an appeal hearing, those records can be very useful.

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Also screenshot your last few months of pay stubs if they were delivered digitally through a company portal - those establish your earnings for the base period calculation.

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wait does anyone know how long after filing you actually start getting paid? I filed 3 weeks ago and still nothing but I'm not in adjudication as far as I can tell

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There's typically a one-week unpaid waiting period after your claim is approved - California EDD doesn't pay for the first week. After that, payments usually come through within a few days of certifying. If it's been 3 weeks with no payment and no pending adjudication showing on UI Online, I'd call EDD to check on it.

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how do you even get through to EDD on the phone though it's impossible

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Seriously try Claimyr - claimyr.com - I used it exactly for this kind of situation where I just needed to know what was happening with my claim. You get connected to an actual agent way faster than trying the regular EDD number. There's a walkthrough at https://youtu.be/JmuwXR7HA10 showing how it works.

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okay fine i'll try it lol at this point i've got nothing to lose

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fired employees actually win unemployment appeals more often than people think. the misconduct bar is genuinely high in california. employers say misconduct but EDD defines it very specifically in the law. dont give up before you even try

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Completely agree. A lot of employers threaten to contest knowing that claimants will just give up. Don't give up.

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yep the squeaky wheel gets the grease with EDD. document everything, respond to every notice, and don't miss any deadlines

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This whole thread should be pinned honestly. I've been too scared to apply after getting laid off (not even fired) and reading all this has motivated me to just go do it today

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If you were laid off your path is even more straightforward - a standard layoff is one of the most clear-cut qualifying reasons for California UI. You should absolutely apply immediately!

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Laid off is actually easier than fired in terms of getting approved - there's no misconduct question at all. File today, no reason to wait.

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filing right now. thank you guys

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