How to get unemployment if fired in California - can I still file with EDD?

This is so reassuring to hear. So the 'misconduct' standard is different from just getting fired for any reason? I was reading stuff online that said if you're fired you can't get benefits and I was panicking all morning.

yes exactly misconduct in unemployment law basically means you did something intentionally wrong or deliberately violated company policy not just that your boss didn't like your work

Confirming this is correct. California follows the definition established in Paratransit Inc. v. Unemployment Insurance Appeals Board - misconduct requires willful or wanton disregard of employer interests. Simple performance deficiencies don't usually qualify. OP should absolutely file the claim and be honest in the separation explanation.

Two and a half weeks in adjudication - was there anything you could do during that time or just wait? And did you need to keep filing weekly certifications while waiting?

Yes keep filing your weekly certifications even during adjudication! That's really important. If you stop filing and then get approved, you might not be able to backdate and collect those weeks. The waiting is brutal but you have to keep certifying.

Same thing happened to my brother in law, was in adjudication for like 3 weeks after being fired, eventually approved. Definitely keep filing weekly claims throughout

This is solid advice. Weekly certifications are critical - do not stop filing them just because your claim status shows adjudication or pending. EDD will back-pay approved weeks but only if you have certifications on file for those weeks.

I've already been trying to call EDD and getting nowhere, just endless busy signals. Does Claimyr actually work or is it just one of those things that sounds good but doesn't deliver?

I was skeptical too honestly, but it worked for me. I got connected to an actual EDD rep who could look at my specific claim. Just be prepared with your claim info and questions when they connect you because the agents can be in a hurry.

claimyr.com noted, been trying to call edd for days about my own separate issue gonna try this

Okay so I should literally just select 'fired/discharged' and then explain the circumstances in the text box? I was overthinking whether to phrase it differently.

Yes exactly. Select discharged, then in the explanation just write something like 'I was informed my employment was being terminated due to performance concerns. I had not received any prior written warnings, disciplinary actions, or performance improvement plans.

this is the right answer, don't overthink it just be factual and honest. EDD has seen thousands of these cases

5 weeks is brutal. Did you eventually get approved?

Yes approved in week 5, got backdated payments for all the weeks I certified for during the wait. But those 5 weeks were absolutely awful financially and emotionally

The frustration here is completely valid. Adjudication timelines vary a lot depending on EDD workload and how quickly the employer responds to their outreach. Retaliation-related terminations like yours can sometimes take longer because the factual investigation is more complex.

Yeah the waiting is the hardest part. Glad you eventually got it resolved though

I didn't realize I had to register with CalJOBS separately - I thought once I filed the UI claim that was everything. What does CalJOBS involve exactly?

CalJOBS is the state's job search platform and it's where you log your job search activities. As an unemployment recipient you're generally required to make three job search contacts per week and log them. CalJOBS is also connected to job search resources and workshops. It's not optional - it's part of meeting your eligibility requirements.

One addition - some claimants qualify for a job search waiver if they're on standby status waiting to be recalled by their former employer. But since OP was fired that probably doesn't apply here, so yes CalJOBS registration and weekly job search activities will be required.

This is a real risk and unfortunately it happens. The best protection is documentation - any emails, performance reviews, or communications from your employer that show the actual record. If you have access to your work email or any documentation before you lose system access, save it. If the initial claim is denied you have 30 days to file an appeal and that's where you present your evidence and your side of the story formally.

So even if they initially deny it, appealing is worth doing? I'll let my cousin know, she kind of gave up after the initial denial

Absolutely worth appealing. Many termination-related denials get reversed on appeal when the claimant has a chance to present their side and the employer's claims are examined more carefully. The appeal process is more thorough than the initial determination.

Also start gathering any documentation you have NOW while it's fresh. Old performance reviews showing no issues, emails from your manager that contradict the performance narrative, anything like that. You may need it for appeal even if you hope you won't.

I did get my final paycheck same day which was good. I've been looking at COBRA options but the premiums are shocking compared to what I paid through my employer

Yeah COBRA sticker shock is brutal. Covered California marketplace might have better options depending on your income level while on unemployment, worth comparing

Covered CA has a special enrollment period triggered by losing job-based coverage, you have 60 days to enroll. Definitely look at both options

That would be a potential wrongful termination situation and possibly retaliation for protected activity. For EDD purposes you'd still select discharged and explain your understanding of the actual reason in the notes. EDD will investigate. You should also consider consulting an employment attorney about the underlying retaliation issue - many do free initial consultations and work on contingency for wrongful termination cases.

okay thank you, i wasn't sure if i was supposed to just go along with what they said the reason was or if i could tell EDD my own version

I was fired last Friday and today is Wednesday so I've already lost almost a week right? Or can I backdate it to last Friday?

You can't usually go back before your filing date. Your benefit year starts from the Sunday of the week you file. So file today and your first certifiable week would start from this past Sunday. It's unfortunate you lost a few days but it's not catastrophic, just get it done today.

This is correct. Don't delay any further - every day you wait is potentially a day of benefits you can't recover. File the application today.

How do they contact you about the interview - by mail, phone, email? I don't want to miss anything.

In my experience it was a letter mailed to my address with the scheduled phone interview date and time. Check your UI Online inbox too because sometimes notices appear there as well. Update your mailing address immediately if it's not current in the system.

Same, I got a physical letter with my interview date. I also got a notification in UI Online. Definitely watch both.

And when you DO have the interview, keep it simple and factual. Don't volunteer extra information beyond what they ask. Don't argue or get emotional even if the EDD interviewer says something that seems unfair. Just answer the questions clearly and calmly.

I feel this so deeply. Same experience. What eventually worked for me was using Claimyr - I found out about it here actually. They basically handle navigating the EDD phone system for you and get you connected to an actual agent. Made a huge difference when I needed to talk to someone about my adjudication. claimyr.com if you want to check it out.

wait does that actually work? I need to talk to someone about a payment issue and I've completely given up on reaching them directly

It worked for me and from what I've seen others say here it generally works. Way better than the hours of hold time and disconnections. There's also a video at https://youtu.be/JmuwXR7HA10 that shows how it works if you want to see before trying.

I hadn't even thought about how much the weekly benefit would be. I assumed it would be some small amount. $450 max is less than I hoped but better than nothing for sure.

The $450 is the maximum - your actual amount depends on your earnings. Higher earners typically receive close to the maximum. California UI replaces roughly 60-70% of your prior wages up to that cap. And benefits can last up to 26 weeks in a standard benefit year.

also worth knowing you have to serve a one week waiting period where you certify but don't get paid for the first week. it's frustrating but that's how it works in california

Thank you, this actually helped to read. I keep second-guessing every decision and wondering if I should have done something differently. The financial stress is making everything feel more urgent and scary.

The urgency is real and valid, but you're handling it - you're here, you're asking questions, you're getting information. That's the right move. One step at a time.

I went back and finished the application just now after reading through all of this. Submitted it. Claim status says 'submitted - processing.' Now I guess I wait and keep certifying weekly. Thank you everyone for the help, this thread was incredibly useful.

Great job completing it. The claim is in the system now and that's the most important step. Come back and update the thread on how adjudication goes - it helps other people in the same situation to hear how these claims resolve.

Good luck! Based on what you described I think you have a solid case. Just stay on top of the weekly certifications and watch for EDD correspondence.

This is useful information for my cousin's situation that I mentioned earlier. She gave up after the initial denial but she's still within 30 days I think. Do you know if she can still appeal even if she stopped certifying weekly claims during the wait?

She should check the date on her Notice of Determination immediately - if she's still within 30 days she can still file an appeal. The stopped certifications are a separate issue - if she wins on appeal she may be able to address backdating certifications at that time but that's a harder situation. First priority is getting the appeal filed before the 30-day deadline if it hasn't passed.

Correct on all counts. The appeal window is firm - 30 days from notice mailing date. After that the determination becomes final and it's much harder to reopen. If she's close to that deadline she should file a simple written appeal immediately even if she doesn't have all her documentation together yet, then supplement with documentation before the hearing date.

Good point - I've been doing some freelance graphic design on the side occasionally. So I need to report that income on my weekly certifications even though it's not a regular job?

yes report it every week it happens, you just list the gross earnings for that week. you can still receive reduced benefits for weeks where you earn less than your weekly benefit amount so it's not like reporting it means you lose everything, but you have to be accurate

Correct - California EDD uses a formula where you can earn up to 25% of your weekly benefit amount without any reduction. Above that threshold your benefits are reduced dollar for dollar. But you must report ALL earnings honestly on your weekly certification regardless. Failing to report is what triggers overpayment and potential fraud investigations.

Oh no. Yeah this is exactly the situation where actually reaching an EDD agent matters because you can't just reschedule online. I had a similar time-sensitive situation and that's actually one of the reasons I tried Claimyr - needed to actually speak to someone and the normal phone lines were completely useless. Got connected to an EDD agent through claimyr.com who was able to note my situation and get things moving again. The video demo at https://youtu.be/JmuwXR7HA10 explains the process if you want to check it out before trying.

trying this right now because I've been going in circles for two weeks trying to reach someone. thanks

Also check your UI Online inbox and secure messages - sometimes there's a way to respond through there. But for anything involving a missed interview, a phone call is really the most effective path.