If I get fired can I get unemployment through California EDD?

That's actually really helpful, I wasn't sure if I should even bother filing. My situation sounds like it might fall into that gray area since they said performance but couldn't point to anything specific.

agree with this 100%, i got fired for 'not meeting expectations' and got approved no problem. the burden is actually on the employer to prove misconduct not on you

This is correct. Under California UI Code, termination for poor performance is generally not considered misconduct. The employer would need to demonstrate willful or wanton disregard for the employer's interests to get a disqualification upheld.

I was literally about to wait until I had more information but you convinced me. Filing today.

same mistake I made. filed 3 weeks late and lost out on a bunch of payments that i couldnt go back and claim

This part worries me a little. My old manager wasn't exactly fair and I could see them exaggerating. Is there anything I can do to prepare?

Document everything you can remember right now while it's fresh. Dates, what was said, who was in the room. If you have any emails or texts relevant to your last few weeks you might want to save those too. If EDD disputes the claim you'll have an opportunity to appeal and present your side.

Also request a copy of your personnel file. In California you have the right to see it and it can show definitively whether there were formal write-ups or disciplinary actions on record.

Oh wow I didn't know something like this existed. I've been dreading the whole calling EDD part because I've heard horror stories about the phone system.

the edd phone system is genuinely one of the worst things I have ever experienced in my life. if this actually works that's huge

used it too, got through to a real person after getting hung up on twice the old fashioned way. worth it

This is the info I needed when I got fired lol. I just assumed I couldn't get it and didn't even file. Big mistake.

wait so even if they fired you for like being late all the time does that count as misconduct? asking for a friend

Chronic tardiness can potentially be considered misconduct IF the employer gave clear warnings and the employee continued anyway. Context matters a lot. EDD looks at the totality of circumstances.

This is genuinely reassuring. How long did the whole process take from filing to getting your first payment?

From filing to first payment was about 5 weeks total. The adjudication period was the nerve-wracking part but once it cleared, payments came every two weeks as long as I kept certifying.

5 weeks is pretty typical from what I hear. mine was similar

Oh no I did sign some paperwork. It was a standard separation agreement I think? I didn't see anything about voluntary resignation but now I'm panicking a little.

Read it carefully. What you're looking for is language that says you 'voluntarily resigned' or 'agree that termination was not employer-initiated.' That's very different from just a general severance/release of claims. Most standard severance agreements don't affect your UI eligibility.

Correct. You cannot legally waive your right to file for California unemployment benefits in a severance agreement - it's unenforceable under California law. However, the voluntary vs involuntary framing does come up in EDD's investigation so it matters how things are characterized.

I needed to hear this honestly. I've been second-guessing myself since it happened.

so true. i worked at a place that did this regularly. would make up misconduct claims and most employees just accepted it and didn't file

You technically need to be able, available, and actively seeking work from the date your claim is effective, not just once approved. California EDD requires at least 3 job search activities per week that you have to log. Missing this could create problems if you're ever audited.

oh shoot. okay good to know thanks

yes start your job search log NOW. keep records of every application, every contact, every job you look at. EDD can and does audit this randomly

I actually already have an ID.me account from something else. Does it just automatically link up?

It should connect during the UI Online registration process. You may still need to go through the verification steps again specifically for EDD purposes but having the account already makes it way faster.

ID.me held up my payments for almost 3 weeks because I didn't realize I needed to do it. complete it immediately is right

What if I did some freelance work during the week? Do I have to report that?

YES report all earnings every week. you only get deducted for what you actually earned, you don't get cut off completely. hiding earnings is how people end up with overpayment notices which are a nightmare to deal with

This is important. California EDD has data sharing agreements with various agencies. Unreported income will usually get caught during audits and result in overpayment demands plus potential fraud flags. Always report everything.

I tried calling EDD on my own for 4 days straight and could not get through once. something like this would have saved me so much stress

adjudication is when you really need to talk to someone. the online portal just sits there saying pending forever and doesn't tell you why

Adjudication just means EDD needs to look more closely at your claim before approving it. It happens automatically when there's any question about the reason for separation - like being fired vs quitting. It doesn't mean you're accused of anything, it's just their review process. Most adjudicated claims do get approved.

okay that's way less scary than I thought. I spent two weeks convinced I was about to get denied or charged with fraud or something

same, the word adjudication sounds so ominous but it's mostly just bureaucratic review. the hard part is that EDD doesn't communicate with you much during it so you just sit there refreshing the portal

I was making decent money so I'm hoping it'll be enough to cover my rent at least for a few months while I look. Is the max really only $450?

yeah it's not a lot. most people get somewhere between $200-450 depending on what they earned. it's designed to be about 60-70% of your prior weekly wage up to that cap

california's max UI benefit is embarrassingly low compared to cost of living here. but it's something and you need to claim it

26 weeks is about 6 months right? That feels like enough time to find something, hopefully. My industry moves pretty fast.

Yes exactly, 26 weeks. And remember you don't have to use them all consecutively - if you get a short term contract or part time work you can pause certifying and potentially come back to your claim within the benefit year.

the partial claim thing is underused. you can work part time and still collect a reduced benefit as long as you report your earnings accurately. great option while you're job hunting

This is exactly what I needed to read. Did your employer give a reason for contesting?

they claimed I violated some policy but when EDD asked for documentation they couldn't produce anything concrete. my clean record spoke for itself

This is a really common pattern. Employers threaten to contest but when EDD actually requests documentation they often can't back it up. Your 4 year record with no write-ups is your strongest asset here.

Appeals must be filed within 30 days of the denial notice date. Unfortunately if that window has passed there are very limited options - you'd need to file a new claim if eligible or contact an employment attorney about other remedies. This is why it's so important to act on denial notices immediately.

yeah she's definitely past 30 days. that's really unfortunate. hopefully OP doesn't end up in that situation

If you miss the appeal deadline you can sometimes request a late appeal and explain why it was late, but it's a high bar to clear and success is rare. Don't sit on denial notices.

Will do. I filed yesterday actually - used the EDD website and it took about 45 minutes. The portal now shows my claim is open and they said to expect contact within 10 business days. Feeling cautiously optimistic. Thank you everyone for talking me through this.

Good luck! Keep certifying every two weeks even while waiting and stay on top of that job search log

If you hit a wall and can't get through to EDD on the phone, remember claimyr.com. Seriously saved my sanity when I was in the waiting game. You've got this.