How to file for unemployment after being fired in California EDD

Thank you this is really helpful. So even though I was fired for 'performance issues' I might still get approved? I was worried that as soon as I check the fired box it would automatically kick me out of the system.

Yes exactly right. The burden is actually on the employer to PROVE misconduct, not on you to prove you didn't commit misconduct. California EDD sends both sides a questionnaire and investigates. Performance-based firings rarely result in disqualification.

This happened to me last year. Was let go for 'not meeting metrics' at a call center. Got approved no problem. The adjudication process took about 3 weeks but then I got backpay for those weeks.

Wait I need to file weekly certifications even before my claim is approved?? What questions do they ask on those?

YES this is so important and a lot of people miss this. You need to certify every week starting from your first week of unemployment. The weekly cert asks if you were able and available to work, whether you looked for work (or if you're on standby), and whether you earned any wages. Don't skip weeks even if your claim is pending.

omg I didn't know this when I filed last year and missed like 2 weeks of certs and they wouldn't pay me for those weeks even after I got approved. Don't make my mistake!!

That's really scary that the employer's description can send you to adjudication. Did you have to do a phone interview with EDD as part of the adjudication or did it just happen in the background?

They sent me a letter asking for a phone interview. You get a scheduled time and an EDD analyst calls you and asks questions about the circumstances. Basically they want to hear your side. My advice: be factual, specific, and stick to what actually happened. Don't editorialize or get emotional on the call.

The adjudication phone interview is actually your best chance to get approved if your employer tried to claim misconduct. Those analysts have heard everything so just be calm and factual like the other person said.

Not automatic - EDD reviews every fired claim. But 'performance' reasons almost never meet the legal definition of misconduct under California Unemployment Insurance Code. The key legal distinction is that misconduct requires willful or wanton disregard for the employer's interests, not just poor performance or inability to do the job.

ok good because i was super worried about that

Also worth noting - even if you were fired for something that MIGHT be considered misconduct, you still have the right to appeal if EDD disqualifies you. The appeals process has pretty solid due process protections in California.

That's more than I expected honestly. So potentially up to $650/week? That would help a lot. Do taxes come out automatically or do I have to handle that separately?

UI benefits are taxable as income. You can elect to have 10% federal withholding and 1% state withholding taken out automatically when you file, or you can opt to handle it yourself at tax time. I'd recommend setting up the withholding so you don't get hit with a surprise bill in April.

I forgot about withholding my first time on unemployment and ended up owing money. Definitely set it up when you file.

This is great advice on how to word it. I actually do have some emails that hint that my termination might have been retaliatory but I wasn't sure whether to bring that up.

I'd be careful about claiming retaliation in the initial EDD filing - EDD adjudicators aren't employment lawyers and they're just looking at misconduct vs. not misconduct. If you have a retaliation claim that might be better addressed through DFEH or an employment attorney separately. For EDD purposes keep it simple.

Solid advice. EDD adjudication and employment law claims are two separate tracks. You can pursue both simultaneously but don't muddy the EDD claim with legal theories that the adjudicator isn't equipped to evaluate.

Unfortunately yes - California EDD does not pay benefits retroactively for weeks before your filing date (with very limited exceptions). You should file TODAY. Like right now. Stop reading this and go to edd.ca.gov and file. Every day you wait is potentially a day of lost benefits.

Filing right now oh my god thank you

Also - your claim will have a one week 'waiting period' (the first week doesn't get paid) so you've already lost at minimum 3 weeks of benefits if you filed today. Not trying to make you feel bad just explaining the reality of how the timing works. File asap.

The waiting period thing is so annoying. It's literally a week you were unemployed that you just don't get paid for because of a policy reason.

I didn't realize the safety concerns angle could actually help rather than complicate my EDD claim. That makes sense though - if anything it shows my employer had a reason to want me gone that had nothing to do with my performance.

Exactly. And document everything now while it's fresh. Any emails, texts, meeting notes related to your safety complaints AND the performance reviews you received after making those complaints. Even if you don't pursue legal action it's good to have if EDD asks questions.

There's not a great way to track it in the portal - it just shows pending until there's a decision. Your main option is calling EDD directly which as we all know is its own nightmare. I mentioned it earlier in the thread but Claimyr (claimyr.com) is genuinely the most reliable way I've found to actually reach a live EDD phone agent. There's a video demo at https://youtu.be/JmuwXR7HA10 - helped me get actual updates on my adjudication when I was stuck in the same situation you're describing.

does it actually work? feels like anything that promises to get you through to EDD is too good to be true

I was skeptical too but yeah it actually connected me to a real agent. At that point I was desperate enough to try anything after 3 weeks of busy signals and hang-ups.

I've also heard good things about it. EDD phone access is genuinely broken so having any tool that helps is worth knowing about.

Oh I had no idea about the CalJOBS requirement. Is that something I set up during the initial filing or after?

You set it up after - EDD will send you a notice with instructions. You have a short window to complete the registration. It's pretty straightforward but easy to overlook because it's a separate system from your main EDD account.

i forgot to do my calJOBS registration and my claim got put on hold. had to call EDD to get it sorted out. such a headache. do it as soon as you get the letter

Also keep a written log of your job search activities even beyond what CalJOBS tracks. If EDD ever questions your compliance you want records you control, not just whatever's in a government database.

Your cousin got lucky with a straightforward case. Claims involving terminations (vs. layoffs) go through additional review almost always. The complexity people are describing in this thread is real.

fair point i guess. i just dont want OP to stress more than they need to

The baseline process can be simple but if the employer disputes anything or flags misconduct it gets complicated fast. Better to know what might happen than be blindsided.

Great news! For your first weekly cert timing: your claim has a designated 'benefit year begin' date which is typically the Sunday of the week you filed. You'll certify for the PREVIOUS week starting the following Sunday. So if your claim started this week you'd certify for this week starting next Sunday or Monday. Check your UI Online account - it'll show when certifications are available.

Also - watch your mail carefully for a form called the DE 4365 (Interview Appointment Letter) or the EDD may call you for an adjudication interview. Make sure your phone is on and you answer calls from unknown Sacramento area numbers. Missing that call can significantly delay your claim.

Thank you everyone seriously. This community has been so helpful. I went from completely panicked to feeling like I actually have a handle on this.

Yes - for unemployment purposes being fired (without misconduct) is generally better than voluntarily quitting. If you resign voluntarily you have to prove 'good cause' to get unemployment benefits, which is a higher bar than the employer having to prove misconduct. You made the right call.

phew okay good. was second guessing that decision for weeks

The 'it looks bad on your resume to be fired' thing is kind of a myth from earlier employment eras. Most HR departments just do employment verification (dates and title) and can't legally tell prospective employers you were fired in most cases anyway.

I tried calling at 8am sharp when they open and still got the high volume message. honestly the phone system is just broken

I keep coming back to Claimyr for this exact situation - claimyr.com - it helped me get through during adjudication when I couldn't reach anyone. The video at https://youtu.be/JmuwXR7HA10 explains how it works. When you're in adjudication and have no way to check status or provide information, having a way to actually reach someone is genuinely valuable.

I just watched that video. Might try it if this goes on much longer because I have rent due in 3 weeks and I cannot be stuck in adjudication limbo.

Also check your UI Online inbox regularly - EDD sometimes sends messages through the portal instead of calling or mailing. Adjudication analysts occasionally communicate that way.

This is such practical advice. I'm setting up a spreadsheet right now. What counts as a 'job search activity' beyond just submitting applications?

California EDD recognizes: submitting job applications, attending job fairs, networking meetings specifically for job search purposes, visiting a job center, resume preparation workshops, and employment agency contacts. Straight up submitting applications is the easiest to document though since you get confirmation emails.

Also creating a professional LinkedIn profile and uploading your resume to Indeed/ZipRecruiter can count as activities in your first week. Good for the weeks where you're getting started and don't have a ton of applications yet.

omg i've been saying appeal this whole time when i meant adjudication lol thanks for clarifying

yeah i mixed it up for weeks. during adjudication you're just waiting for the initial decision. if they deny you THEN you appeal. the appeal process is more formal - you get a hearing with an administrative law judge and everything

And the appeal deadline is 30 days from the date on the Notice of Determination. Mark your calendar the day you get that letter regardless of whether you think you'll need it.

No. Unemployment claims are handled between you, EDD, and your former employer. A new employer doesn't find out you filed and it doesn't show up on background checks. The only way a new employer would know is if you told them.

huge relief thank you

Also worth noting - you're required to report any income you earn while on unemployment when you certify weekly. If you start a new part-time job you report those hours/wages and EDD adjusts your benefit amount. You don't immediately lose all benefits when you start earning some income.

This is really helpful. Did they ask about specific incidents or more general questions about your employment?

Both, but the specific incident questions caught me off guard. They had clearly read the employer's response and were asking me to respond to specific claims the employer made. So be prepared that the employer may have said specific things about you and you'll need to address them factually.

This is why it's important to be honest in your initial filing. If you write one thing initially and then say something different in the interview it creates credibility issues.

Excellent advice throughout this thread. The adjudication interview is genuinely one of those situations where preparation makes a huge difference in outcome.

EDD does have an online chat option sometimes but it's very limited and mostly just gives you FAQ answers. The AskEDD portal at askedd.edd.ca.gov lets you submit written questions and you get responses within a few days. For general questions that works okay but for anything specific to your claim (like adjudication status) you really do need to talk to an agent.

ugh okay. i was hoping to avoid the phone entirely

If your phone anxiety is making it hard to call, Claimyr (claimyr.com) might actually be helpful for a different reason - instead of you sitting on hold for hours getting worked up, it basically manages the queue for you and calls you when an agent is available. So you're not white-knuckling a hold situation. Might reduce some of the anxiety around it. They have a video at https://youtu.be/JmuwXR7HA10 showing how it works.

oh that's actually a really interesting point. the hold anxiety is honestly a big part of it. i'll look into that

This is so encouraging to read. And a good reminder to not skip weekly certifications even when it feels pointless because you don't know if you'll be approved yet.

Congrats!! This gives me hope. I'm on week 3 of adjudication now. Did they send the approval letter by mail or did it show up in UI Online first?

In UI Online first actually - my claim status changed from 'pending' to 'approved' and then the physical letter came a couple days later. Check your UI Online account regularly.

Great outcome! And good on you for staying on top of the weekly certs during the whole wait. A lot of people give up on certifying thinking it doesn't matter until the claim is decided. It absolutely matters.