If I get fired can I draw unemployment in California? EDD rules explained

That's actually a huge relief. So if they just say my performance wasn't meeting expectations, that probably wouldn't count as misconduct?

Performance issues that aren't about willful wrongdoing generally don't rise to misconduct in EDD's eyes. The interview is where both sides get to tell their story — keep any emails or write-ups you have just in case.

wait so they actually call the employer too during this whole process??

Yeah, EDD notifies your last employer after you file. If there's a question about why you were let go, they schedule phone interviews with both sides separately before making a decision.

That's good to know there's a way to actually get someone on the line. The hold times I've heard about are terrifying.

Did you end up getting approved after the phone interview?

Got my DE 429Z about two weeks after the interview showing my weekly amount, then payments came through for the certified weeks. The whole thing took a few weeks but it worked out.

Should I apply right away if it happens or wait a few days to get my paperwork together?

Apply as soon as you stop working. The claim starts from the Sunday of the week you file, so waiting costs you money. You can gather the rest while EDD processes things — it usually takes a few weeks anyway before the first payment.

also dont forget you have to register on CalJOBS and put up a resume within like 3 weeks of a notice they send you or it can mess up your payments

That's right — there's a Notice of Requirement to Register for Work (DE 8405) and you have 21 days from that date to get your CalJOBS profile and resume up. EDD tells you if you're exempt, but most people aren't.

Wow that gives me hope honestly. Were you nervous going into the phone interview?

Extremely nervous, but it was just a phone call where the interviewer asked about the specific incidents my employer flagged. Tell your truth, be specific, and don't guess at things you don't know.

how long did it take to find out the decision after the interview

About two weeks before payments started coming through. Keep certifying the whole time even while you're waiting — you don't want to miss weeks.

That's a really common myth. EDD's own rule is that if you're fired, your employer has to prove misconduct. If they can't, you can collect. Lots of people get approved after being terminated.

huh okay i had no idea. learned something today

The confusion probably comes from people assuming fired = your fault = denied. But EDD separates out layoffs, terminations for cause, and actual misconduct. They're treated differently.

Is $450 really the max? That's not a lot to live on but better than nothing I guess.

Yeah, $40 to $450 per week is the range. The exact amount gets calculated from your wages and shown on the Notice of Unemployment Insurance Award (DE 429Z) that EDD mails after you file. EDD also has an Unemployment Benefit Calculator on its site where you can estimate it beforehand.

also that first week you certify for doesn't pay — there's a waiting week built in. so budget for that gap

Correct, every new claim has one unpaid waiting week. You still certify for it, it just doesn't pay out. Usually the first certification covers the waiting week plus one paid week.

Did you eventually get it sorted out?

eventually yes but it took forever. make sure you keep certifying every two weeks no matter what, even if everything shows pending

the phone wait times are genuinely brutal. i spent like 3 days just getting hung up on

So I just sit near my phone at that exact time? They call me?

Exactly — the interviewer phones at the scheduled time, so keep your phone nearby and make sure the number on file with EDD is current.

i missed mine once and panicked. phoned EDD the same day and they noted it. got rescheduled but it added like two more weeks to everything

Phoning EDD the same day if you miss it is exactly right. The longer you wait the worse it gets — EDD can just decide the issue from whatever info it already has, which might not go your way.

Hadn't even thought about that, thank you. I'll look into it.

You can also call 2-1-1 to find other local resources in your area. A lot of people don't know about that one.

What if they exaggerate or lie about why they fired me in their statement to EDD?

You get to tell your side in the phone interview too. Bring any documentation you have — texts, emails, write-ups, anything that shows what actually happened. EDD weighs both sides.

my old employer straight up lied about why they let me go and EDD still approved me because i had the paper trail

Documentation really is everything in those situations. Saves you in the interview.

Severance paid under a company plan or policy isn't counted the same way wages are for UI purposes, so it generally doesn't block you from filing right away. That said, you still list it when you certify and EDD makes the final call on how it affects any specific week. File as soon as you stop working either way.

Good to know, I was wondering the same thing for my own situation. Didn't want to accidentally delay filing by waiting out the severance.

Is ID.me the verification thing they make you do? I've heard it's kind of annoying.

yeah you create an ID.me account and submit a photo ID. it's a few steps but once it's done your account is fully active. some people get verified right away, others get a letter (DE 1326C) if EDD needs more identity info

The ID.me step tripped a lot of people up. Do it as soon as you apply so it doesn't sit there holding up your claim. Identity pending is one of the things that shows as Pending in Claim History.

Vacation pay is on EDD's list of things to report when you certify, yes. How it actually affects your payment for a specific week is EDD's call. Report it honestly and let EDD do the math — don't just skip it hoping they won't notice.

ugh okay. so basically report everything and let EDD sort it out

That's genuinely the safest approach. Underreporting is what gets people into overpayment trouble later.

How did you know to check that it was the interview holding things up and not something else?

Honestly I didn't, which is why I called. The agent could see exactly which issue was flagging my weeks as pending and told me once the interview decision posted everything should process.

that's really useful actually, knowing what specifically is holding things up vs just sitting there wondering

Every week you certify, you have to be able to work, available for work, and actively looking for work. That starts right away — there's no grace period built in. EDD doesn't publish a specific number of contacts you need per week, but you do need to be genuinely job searching.

okay so like even during the pending weeks while waiting for a decision you still have to be job searching?

Yes. Keep searching and keep certifying every two weeks. If EDD later decides you're eligible, they can only pay the weeks you actually certified for.

CalJOBS registration also plays into this — once you get that DE 8405 notice about registering, you have 21 days. Missing that can stop payments even if your claim is otherwise approved.

If I appeal, do I stop certifying while that's going on?

Keep certifying the whole time an appeal is pending. If you win the appeal, EDD can only pay back the weeks you certified for. Stopping certifying means losing those weeks forever.

The appeal hearing is in front of an administrative law judge, not EDD itself. You can represent yourself or bring someone — a union rep or an attorney. Testimony is under oath but it's not as scary as it sounds.

That's actually backwards — workers don't pay into unemployment at all. Employers pay the UI tax, not employees. Nothing comes out of your paycheck for it. Your cousin probably saw the CASDI deduction, which is for State Disability Insurance and Paid Family Leave, not unemployment.

wait really?? i always assumed it was like social security where both sides contribute

Completely different. Unemployment is entirely employer-funded. Doesn't change your rights as a claimant at all — just a common misconception worth correcting.

and separately — an employer can respond to EDD's inquiry and share their version of events, but they can't just deny the claim. EDD makes the actual decision, not your former employer.

Why would they even say that? Is it because they don't want their rates to go up or something?

Probably, yeah. Either way, their words to you have no bearing on what EDD decides. EDD goes by its own process.

THIS. so many people just believe their former employer and never file. always file and let EDD decide.

Pending after 3 weeks usually means EDD still needs to resolve something — could be a question about why you were separated, identity verification, or waiting on an interview. Check your Claim History in UI Online and see if there's a DE 4800 notice about a scheduled interview.

there's nothing in my claim history except pending. do i just keep waiting?

Three weeks with nothing but pending and no explanation — that's exactly when phoning EDD makes sense. I ended up talking to an agent through Claimyr for a pending situation like that; the agent could see exactly what was holding up my weeks and told me which step was still open.

okay i'll try that, been dreading spending all day on hold

Good to know about the card — I had no idea that was how they paid out benefits now.

Yeah it shows up pretty quickly after you certify online. Usually within a day or so the payment info updates.

i switched to direct deposit, seemed simpler. both work though