If I was terminated can I get unemployment in California EDD?

Okay that's really reassuring. So 'performance issues' without any documentation or warnings probably wouldn't count as misconduct in EDD's eyes?

Correct. EDD typically requires the employer to prove misconduct with actual documentation. Vague verbal reasons and no paper trail usually work in the claimant's favor during adjudication.

This is right. I work in HR and the burden of proof is on the employer to demonstrate misconduct. Performance issues alone, especially without a PIP or written warnings, rarely meet EDD's misconduct threshold.

Did they ask you a lot of questions during that process? I'm worried my old employer is going to exaggerate what happened.

They sent me a questionnaire asking me to explain the circumstances around my separation. Just be honest and specific - give dates, explain there were no formal warnings, that kind of thing. The more detail the better.

same here got fired and still got approved. dont assume you wont qualify just because you were let go

How soon after filing do they usually schedule that interview? I filed like 4 days ago and haven't heard anything yet.

Timing varies a lot - could be a week, could be 3-4 weeks. The claim goes into adjudication while EDD investigates the separation reason. Check UI Online daily and make sure your contact info is current.

Also make sure your phone number on file is correct and you're available to answer calls from unknown numbers - EDD interviewers call from numbers that sometimes show up as spam on caller ID!

Ugh I've already tried calling twice and couldn't get through. I'll check out that Claimyr thing - did it actually work quickly?

For me yeah, got connected within the same day. The agent I spoke to was able to tell me my claim was still in adjudication pending employer response and gave me a clearer timeline. Worth it just to stop guessing.

gonna bookmark claimyr.com for when I inevitably need to call EDD... their phone lines are a nightmare

wait does that actually work?? I've literally spent hours on hold with EDD and given up every time

This is incredibly helpful, thank you. So I should make sure to mention in my EDD interview that there were no written warnings and no performance improvement plan?

Absolutely. Specifically state: no written warnings, no formal disciplinary meetings, no PIP, and that this was your first indication that your job was at risk. That context matters significantly in EDD's determination.

Does the length of employment matter? Like being there almost 2 years vs. a few months?

Employment length affects your benefit amount (based on wages earned) but not necessarily the misconduct determination itself. However it does add credibility to a 'no prior issues' claim.

Right?? The official language is so dense. I appreciate everyone breaking it down here.

also make sure you're filing your weekly certifications every week even while your claim is in adjudication! i forgot to do this for like 3 weeks and it created a whole mess

Good to know. I was wondering if I should say 'laid off' instead since it wasn't really for a clear reason but I'll just say terminated.

Stick with terminated - it's accurate and EDD doesn't penalize the word itself. What matters is the adjudication findings about WHY you were terminated, not the label.

Seven weeks is terrifying to think about. Did you eventually get approved?

Yes finally approved and got all back pay for the weeks I certified. But those 7 weeks were genuinely brutal. Document EVERYTHING and follow up constantly.

This is exactly why I used Claimyr during my adjudication period - not knowing anything for weeks is maddening. Having an actual agent explain your claim status makes a huge difference mentally even when you can't speed up the process.

I have all my pay stubs and I do have some positive performance review emails from like 8 months ago. Should I mention those during the interview?

Absolutely mention them. Positive reviews followed by a sudden termination with no documented disciplinary steps in between is a strong narrative for EDD adjudication purposes.

Yeah having receipts matters. My former employer tried to claim I violated a policy and I was able to point out that I'd never been informed of that policy in writing. EDD sided with me.

EDD's misconduct standard applies uniformly regardless of industry. The key factors are the same: was there a clear rule, were you aware of it, did you deliberately violate it. Industry doesn't change that analysis.

ok good to know. i was worried because restaurants fire people so casually that EDD might assume it's always misconduct

That gives me a lot of hope honestly. My former employer has basically no paper trail on me at all.

Then you're probably in good shape. No paper trail = harder for them to prove misconduct. EDD can't penalize you for things that were never documented.

No - EDD investigates both sides. They'll send questionnaires to both you and your former employer, then weigh the evidence. If the employer claims misconduct but can't back it up with documentation, EDD typically sides with the claimant.

oh okay that makes way more sense. I always assumed they'd just take the employer's word for it

Common misconception. EDD is actually fairly claimant-friendly in adjudication when misconduct isn't clearly documented. The burden is on the employer to prove it, not on you to disprove it.

This is such practical advice, doing this tonight while everything is still fresh in my mind.

Good call. They asked me things like 'when was the last time you spoke to your supervisor about performance' and 'were you given any opportunity to correct the issue' - having a timeline helped me answer accurately

Not exactly - layoffs are almost always approved because there's no misconduct involved. The tricky situations are terminations where the employer claims misconduct. But even then EDD has a high bar for what legally constitutes misconduct under UI code.

okay so laid off = basically always approved and fired = depends on the reason. got it

That's a reasonable simplification. Though even 'laid off' claims can go to adjudication if there's something unusual about the separation. The important thing is to always file and let EDD make the determination rather than assuming you won't qualify.

I didn't know the appeals process was that accessible. That's comforting to know there's a backup option.

Yes - California EDD appeals go before an Administrative Law Judge and you can present evidence and testimony. Employers often don't bother showing up to appeal hearings which also helps claimants.

Appeals process saved my cousin's claim. Employer claimed misconduct at the initial stage, couldn't prove it at the hearing, claim was approved with all back pay. Worth pursuing if denied.

Yes EDD investigates these disputed separation reasons too. If both parties give conflicting accounts of whether it was a quit vs. discharge, EDD will review the evidence - things like any written communication, whether you gave notice, who initiated the final conversation, etc.

okay good because my old company is being really shady about how they're characterizing what happened

This is genuinely what I needed to hear. I almost didn't file because I was so sure I'd get denied automatically.

filed after getting let go from a job i honestly wasn't great at lol. still got approved because 'not being great at your job' is not EDD misconduct

^^^ this. so many people self-disqualify before EDD even has a chance to review their claim

I'm definitely keeping this in my back pocket. If my claim goes more than a month with no updates I'll try it.

Seconded - I used it when my adjudication hit week 5 and the agent I reached was actually able to look at my specific claim notes and tell me what was happening. That kind of specificity you just can't get from the automated system.

Thank you for summarizing it so clearly. This whole thread has been incredibly helpful and I feel way less panicked about my claim now.

Good luck with your claim. File your weekly certs every week without fail, respond to any EDD correspondence immediately, and be patient with adjudication. You've got this.

Great summary. For anyone else reading - the base period wages question is also important. Generally you need to have earned enough in the 5-18 months before your claim to meet EDD's minimum threshold. For most people who've been employed full time for nearly 2 years like OP, this isn't usually an issue.

Oh that's good to know the back pay comes all at once - I didn't realize that's how it works during adjudication.

Yeah you keep certifying weekly even while in adjudication, and when they finally approve you they release all the payments for those certified weeks at once. So the wait is painful but you don't actually lose those weeks.

Correct - this is why it's SO important to keep filing your weekly certifications even when nothing seems to be happening with your claim. Those weeks are being banked pending your approval.