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Maria Gonzalez

If I get fired can I collect unemployment in California EDD?

So I got let go from my job last week and I'm honestly in a panic trying to figure out if I even qualify for benefits. My manager said I was being terminated for 'performance issues' but honestly the whole situation was really unfair — they never gave me any written warnings and my last review was actually decent. I've been there almost 4 years so I'm not exactly a new hire they're getting rid of. I filed a claim through UI Online right away but now I'm seeing my status says something about adjudication and I have no idea what that means or if I'm going to get approved. Does anyone know if you can still collect unemployment in California if you were fired? I don't know if being fired automatically disqualifies you or if there's some kind of process they go through. I'm really stressed because rent is due in like 3 weeks and I have zero savings cushion right now.

Yes you can absolutely still collect unemployment even if you were fired — being terminated does not automatically disqualify you in California. The key thing California EDD looks at is WHY you were fired. If you were let go for things like poor performance, attendance issues, or general workplace conflicts, that usually doesn't disqualify you because it doesn't meet the legal standard of 'misconduct' under California unemployment law. Misconduct has a pretty specific legal definition — it basically means you intentionally violated a material duty of your job. Just not meeting performance expectations or making honest mistakes generally doesn't qualify as misconduct. The adjudication status you're seeing means California EDD is investigating the circumstances of your separation before they approve or deny benefits. They'll contact both you and your former employer to get both sides of the story. Make sure you respond to anything they send you quickly and be honest about what happened.

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This is really reassuring thank you. So the adjudication is basically them fact-checking the reason I was fired? I was worried that status meant I was already being denied.

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Exactly right — adjudication just means they're gathering information. It's a neutral investigation status, not a denial. You should receive a questionnaire or phone interview request from California EDD soon. Respond to everything they send you.

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same happened to me they said performance issues too and i still got approved, hang in there

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The adjudication process when you're fired typically works like this: California EDD sends a Notice of Unemployment Insurance Claim Filed to your former employer, and the employer has 10 days to respond and contest your claim. If the employer says you were fired for misconduct, that triggers a full investigation. You'll likely receive a DE 4365 form or get a call from an EDD interviewer who will ask you questions about the circumstances of your termination. Be detailed when you respond — mention the lack of written warnings, that your performance reviews were satisfactory, and that you weren't given any formal progressive discipline. All of that works in your favor. Document everything you can remember now while it's fresh.

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What counts as misconduct exactly? I keep seeing that word and I want to understand what threshold I need to be below to qualify.

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Under California unemployment law misconduct means a willful or wanton disregard of your employer's interests — like intentionally violating a known policy, showing up drunk, theft, insubordination, harassment, stuff like that. 'Not performing well enough' or 'not meeting productivity targets' is almost never misconduct unless you were deliberately sandbagging. The fact that you got decent reviews before termination is a big point in your favor.

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I had an adjudication interview and honestly just told the truth and answered their questions simply. Don't overthink it or volunteer extra information beyond what they ask.

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I was in almost the same boat about 8 months ago — fired from my retail management job, they claimed I wasn't meeting KPIs. I spent TWO weeks trying to reach someone at California EDD to ask basic questions about my claim status during adjudication because the automated system kept hanging up on me. Seriously tried calling at 8am, tried calling on Fridays, tried everything people suggest online. Eventually someone in a different forum told me about Claimyr — it's a service that holds your place in California EDD's phone queue and calls you back when an agent is available. I was skeptical but I was desperate. Used it at claimyr.com and actually got through to a live EDD agent within a couple hours. There's a video demo at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it. For me it was absolutely worth it because the agent was able to tell me exactly where my adjudication stood and flag that they still needed a response from my employer.

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Wait is this actually legit? I've been trying to call EDD for days and I can't get through to anyone. Every time I call the automated system just tells me call volume is too high and hangs up.

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100% legit, I was skeptical too but it worked. The site is claimyr.com — just check out the video first so you know what you're signing up for. It was the only thing that worked for me after weeks of trying.

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gonna try this I've been losing my mind trying to reach someone at EDD for my own claim issue

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SAME. The EDD phone system is an absolute nightmare. Every single day I call and get the busy signal message. How is this acceptable in 2025 lol

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wait so if ur fired for like calling out sick a lot does that count as misconduct?? asking for a friend lol

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Generally no — excessive absences due to illness usually don't rise to the level of misconduct for unemployment purposes unless you were given clear warnings, called out fraudulently, or violated a specific written attendance policy while knowing it would result in termination AND did it anyway recklessly. Even then California EDD tends to look at whether the absences were for legitimate reasons. Your 'friend' should file and go through the adjudication process.

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ok thanks yeah definitely asking for a friend haha

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I got fired for attendance and still got approved for unemployment so yeah it's possible

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Something people don't realize is that California actually has worker-friendly unemployment laws compared to most states. The burden of proof in misconduct cases falls on the EMPLOYER — they have to prove you committed misconduct, not the other way around. So if your old employer just says 'performance issues' without documentation to back it up, California EDD is going to look at that skeptically. Keep records of everything: your old performance reviews if you have copies, any emails, anything showing you weren't given warnings. If this ends up going to an appeal hearing, that documentation is gold.

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I actually do have my last two performance reviews saved in my email, they were both rated 'meets expectations.' Is that enough documentation?

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That's actually really good evidence. 'Meets expectations' ratings directly contradict a claim that you were fired for performance-based misconduct. Screenshot those emails and save them somewhere safe outside your work email if you haven't already — companies often revoke email access immediately after termination.

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Oh wow I didn't even think about that. Just downloaded everything to my personal account. Thank you!

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EDD adjudication is the WORST. Mine took 6 weeks and I had no income the whole time. Nobody tells you that even if you're going to be approved it could take over a month. File your weekly certifications every single week even during adjudication so you don't lose those weeks of benefits — you'll get them paid out retroactively once approved. Don't miss a single week.

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Wait I need to keep filing weekly certifications even while the adjudication is pending?? I didn't realize that, I thought I just wait for them to decide. How do I file if I don't even have a claim number yet?

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If you submitted your initial claim you should have a claim number. Log into UI Online and it should show you the option to certify for weeks. If it doesn't show up yet wait a few days after your claim confirmation — sometimes it takes a bit. But YES file every week no matter what.

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This is correct and important. Missing weekly certifications during adjudication is one of the most common costly mistakes people make. You won't be paid for any week you don't certify even if your claim gets approved retroactively.

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I learned this the hard way and lost 3 weeks of benefits because nobody told me. PLEASE listen to this advice.

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honestly just hang in there the adjudication process stresses everyone out but it doesn't mean you're denied. i was fired for 'not being a culture fit' (lol ok) and went through adjudication and got approved about 5 weeks later. the waiting is brutal but it usually works out if you weren't fired for like actual serious misconduct

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Not a culture' fit 😂 I feel that. Did you have to do an interview with EDD or did they just decide on theirown?

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I got a call from an EDD interviewer and it was like 20 minutes of questions about my job duties, what happened, whether I had any warnings. Just stay calm and answer honestly. They're not trying to trick you.

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Can I ask something kinda related — what if you quit but you quit because working conditions were unbearable? Like does California EDD treat that differently than being fired? I'm in a situation where I technically resigned but I feel like I was forced out

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Yes this is actually a separate legal doctrine called 'constructive discharge' or in California EDD terms it's often filed as a quit 'with good cause.' If your employer made working conditions so intolerable that any reasonable person would have quit — harassment, unpaid wages, a hostile work environment, unsafe conditions — you may still qualify for unemployment. But the burden is on you to prove the conditions were that bad, and California EDD scrutinizes voluntary quit claims heavily. You'd want to document everything that pushed you out.

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Ok thank you. My manager was straight up bullying me and HR did nothing after I reported it twice. I have the HR complaint emails saved. Does that help?

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Those HR complaint records are exactly what you'd need to support a constructive discharge claim. File your claim honestly explaining why you left and be specific about the conditions — dates, what happened, that you reported it and nothing was done. That paper trail matters a lot.

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I work with employment law stuff (not a lawyer, just work adjacent to it) and want to add something useful: when California EDD interviews you during adjudication, they ask 'what was the final incident that led to your termination?' Be ready to answer this specifically. If you can honestly say 'I was called into HR and told I was being let go, I was never written up before this and my reviews were satisfactory' — that's actually a very strong narrative for your case. The absence of progressive discipline is something California EDD interviewers specifically look for because disciplinary procedures are standard practice.

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This is super helpful framing. I honestly don't know what the 'final incident' even was — they just called me into a meeting and said they were letting me go. Is that a problem if I don't have a specific incident to point to?

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Actually that works in your favor. If there was no specific incident serious enough to trigger immediate termination, it makes it harder for the employer to point to actual misconduct. 'We decided to let you go' without a documented triggering event is pretty weak evidence of disqualifying misconduct.

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Exactly this. Vague terminations with no documented cause are among the most commonly approved adjudication cases for fired workers. EDD needs specifics to disqualify you and if your employer can't provide them you'll likely be approved.

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ugh reading this thread because I'm going through the EXACT same thing. fired last month they said 'not meeting expectations' and my adjudication has been open for almost 7 weeks now with no update. i've called probably 50 times and cannot get through to a single human being at EDD. i finally tried Claimyr after seeing it mentioned somewhere and honestly it was the first time I've actually spoken to an EDD agent in 7 weeks. they told me my case was still waiting on employer documentation and they put a note on my file. i don't know if it'll speed things up but at least I KNOW what's happening now. site is claimyr.com if anyone else is losing their mind trying to get through

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7 weeks?? That is terrifying. Glad you finally got some answers. I'm going to check out Claimyr because I literally cannot keep calling and getting hung up on.

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California EDD making people wait 7 weeks with no communication while they have no income is genuinely cruel. The system is designed to exhaust people into giving up on their claims.

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That's honestly what I think too. But don't give up. Keep certifying every week and try to actually reach someone if you can.

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7 weeks is rough. Mine was 5 and I thought I was gonna lose it. Did they give you any timeline estimate?

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Something that helped me during adjudication was writing a personal statement and uploading it to my UI Online account through the document upload feature. I laid out the whole situation chronologically — my employment history there, my reviews, the fact that I received no written warnings, exactly what happened in the termination meeting, and why I believe the termination was not for misconduct. I don't know if it actually influenced the decision but it felt better than just sitting there waiting and I wanted my side of the story documented clearly before any interviews.

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I didn't know you could upload documents directly to UI Online. Where do I find that option?

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Log in to UI Online, go to your claim, and look for an 'Upload Documents' or 'Inbox' section. It might depend on your claim status whether it's visible. If you can't find it you can also mail documents to EDD but online is faster.

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Uploading a personal written statement is actually a good practice. It creates a record in your file that an EDD analyst will see when reviewing your case. Be factual and unemotional in the writing — just state what happened without editorializing.

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not sure if this helps but my cousin got fired for actually stealing from work (not saying you did anything like that) and even HE went through the full adjudication process before getting denied. so the fact that youre in adjudication doesnt mean denied, they run everyone who gets fired through it apparently

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Yes this is correct — adjudication is automatic for terminated employees in California because EDD has to verify the reason for separation before approving benefits. It's not a signal that things are going badly, it's just the standard process.

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yeah he definitely deserved to get denied lol he was dumb about it. but yeah the process still took weeks even for an obvious case

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also worth knowing — if you DO get denied after adjudication you have the right to appeal within 30 days of the denial notice. Don't just accept a denial and give up. Lots of people who get denied initially win on appeal, especially when they show up to the hearing and the employer doesn't bother to.

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What does the appeal hearing actually look like? Is it like court?

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It's more informal than court — it's called a hearing before an Administrative Law Judge. Usually happens by phone now. You explain your side, your employer can participate, the ALJ asks questions, and they make a decision. You can represent yourself, you don't need a lawyer although some people bring one.

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Appeal win rates for claimants who actually show up and have documentation are surprisingly high. The employer often doesn't even bother to respond or show up, and if they don't appear you almost always win by default. Don't give up if you get a denial.

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I want to revisit the Claimyr thing because I finally tried it after months of failing to reach EDD about my OWN different issue. I was honestly skeptical and thought it seemed gimmicky but I was completely wrong. Got connected to an actual EDD agent in way less time than I ever managed calling myself. Check out the video demo at https://youtu.be/JmuwXR7HA10 before you try it, it explains exactly what it does. For anyone who is stuck in adjudication limbo and can't get answers, being able to talk to an actual human at EDD is genuinely invaluable.

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ok fine you've all convinced me I'm gonna try it. been calling EDD for like 2 weeks straight

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Do it. Worst case it doesn't work but it definitely worked for multiple people in this thread

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I tried it earlier today after seeing it mentioned in this thread. Actually got through to someone. The agent confirmed my adjudication is pending employer response and told me I should hear something within 2 weeks. I feel so much better just knowing what's actually going on.

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something i wish someone had told me — when EDD calls you for your adjudication interview DO NOT miss the call. if you miss it they will try again but it can significantly delay your case by weeks. if you don't recognize the number answering it anyway because EDD calls from various numbers and sometimes restricted numbers. i missed my first interview call and my case got delayed by almost 3 weeks

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Oh god I've been letting unknown numbers go to voicemail lately because of spam calls. I'm going to stop doing that immediately.

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yes answer EVERYTHING. you can also call back if you miss it but having to reschedule adds so much delay. the agent I spoke to said they often only have limited appointment windows

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Adding to this — if you have a scheduled phone interview time, be somewhere quiet with good cell service. If the call drops or you can't hear them well it creates problems.

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genuine question does your former employer find out how much youre receiving in benefits? like can they see what your weekly benefit amount is

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Employers are notified when a former employee files a UI claim against their account — that's how they can choose to contest it. But they don't receive information about your weekly benefit amount or total benefit award. They receive a Notice of Unemployment Insurance Claim Filed and can respond to contest the claim, that's essentially the extent of their involvement unless there's an appeal hearing.

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ok thanks that's what I wanted to know. worried about drama with my old job but I guess they just know I filed

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Also worth knowing: employers' UI tax rates can be affected by former employee claims, which is why some employers contest even legitimate claims aggressively. Don't take it personally if they fight back — it's usually about their bottom line not anything personal.

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UPDATE for anyone following: I got a call from an EDD adjudication interviewer today (answered every unknown number like people said!) — the interview was about 25 minutes. They asked about my job duties, my performance history, whether I had written warnings, what happened at my termination meeting, and whether I was given a reason for termination. I told them the truth — no written warnings, my last two reviews were 'meets expectations,' and I was given only a vague reason of 'performance concerns' at termination. The interviewer seemed like she was listening and taking notes. She said a decision would be issued within 10 business days. Fingers crossed but I feel a lot better about it now. Thank you all so much for the help and advice in this thread.

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That sounds like it went really well honestly. The fact that you had no written warnings and satisfactory reviews — and told that story clearly — is strong. Good luck, hoping to hear good news from you.

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rooting for you!! come back and update when you hear

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everything you described sounds exactly like my situation and I got approved. fingers crossed for you 🤞

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please come back and update this thread, it'll help the next person who finds this googling the same question

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