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

this is really helpful thank you. so even if they SAY i was fired for cause i can still fight it? because honestly i think they just wanted to push me out

Exactly - you have the right to appeal any disqualification decision. The burden is actually on the employer to prove misconduct, not on you to prove you were innocent. Just document everything you remember about the situation now while it's fresh.

Seconding all of this. I was fired two years ago and my employer tried to claim misconduct. California EDD investigated, I explained my side, and I was approved. The process works more fairly than people expect if you stay engaged with it.

That's actually a really common misconception. Laid off vs fired is not the determining factor - what matters is whether there was disqualifying misconduct. Plenty of people who are fired get approved for California EDD unemployment benefits every year.

oh wow ok i had no idea. my cousin got denied after being fired but maybe she did something different

Your cousin may have been denied for misconduct reasons OR she may not have appealed a denial that she could have won. A lot of people just accept the first decision without realizing they can appeal within 30 days.

Oh man adjudication sounds scary - is that what happens to most people who get fired? Like is that automatically going to happen to me?

Not necessarily automatically but when there's a disputed separation reason (meaning your employer tells EDD something different than what you say), it often triggers adjudication. Don't panic if it happens - it just means an EDD interviewer reviews both sides. The Claimyr thing is really worth bookmarking though for when/if you need to actually talk to someone.

I've heard of Claimyr before too. A friend used it when her claim got stuck and said it was a lifesaver. The EDD phone lines are genuinely impossible sometimes.

That's reassuring. I genuinely don't know if they'll contest it or not - we kind of left on okay terms despite the shock of it. Do I need to get a lawyer or anything?

For a straightforward termination like this you almost certainly don't need a lawyer. If you get denied and need to appeal and go to a hearing THEN you might want to consult with an employment attorney, but most people handle the initial claim and even appeals on their own just fine.

lawyer is overkill for initial filing for sure. just answer edd's questions honestly and completely

how long did it take before you got your first payment after being approved?

There's a one-week unpaid waiting period built into California's system, so my first payment covered week 2 after I filed. Took about 4 days after approval for it to hit my Bank of America debit card (the EDD debit card they issue).

okay this is making me feel way better. filing today

Six weeks?? That's terrifying with bills to pay. What did the assemblymember's office do exactly?

basically they have a constituent services line and they can contact EDD directly on your behalf to flag cases that have been sitting too long. it actually worked but i shouldn't have had to escalate that far. google your california assemblymember + constituent services if you ever get desperate

The assemblymember route and Claimyr are both worth knowing about. Assemblymember offices can be slow too though - the Claimyr approach got me an actual EDD agent on the phone way faster in my experience.

Wait - I have to be actively job searching to collect? Even while the claim is being processed?

Yes, the job search requirement (3 activities per week) applies once you're eligible. During adjudication there can be some nuance but generally yes, you should be keeping a job search log. Activities can be submitting applications, attending job fairs, doing informational interviews, etc. California uses CalJOBS as its job search platform and registering there counts as one activity.

i did not know about the caljobs thing. does it have to be through caljobs or can you apply anywhere

CalJOBS registration is required but your 3 weekly activities don't all have to be through CalJOBS. Applying on Indeed, LinkedIn, company websites all count - you just keep a log of date, employer, position, method of contact.

What kind of questions do they ask on those forms? I want to be prepared.

basically things like: what was the stated reason for your termination, did you receive any warnings beforehand, describe your job duties, was there an incident that led to the termination, do you have any documentation. just be thorough and factual. don't editorialize or complain, just describe what happened objectively.

This is great advice. The separation questionnaire is often where claims get delayed - people either give too little info or say something that raises more questions. Treat it like a factual report, not an emotional outlet.

No, EDD doesn't just take the employer's word for it. If there's a discrepancy between your account and theirs, it goes to adjudication where an EDD interviewer reviews both sides, often including an interview with you. You have the opportunity to present your side, provide documentation, name witnesses, etc. The employer has to actually substantiate a misconduct claim - they can't just say 'misconduct' and have you automatically denied.

okay that makes me feel better. i was worried it was just whoever the employer says goes

It really isn't. I've seen cases where the employer filed detailed misconduct claims and the claimant still won because the behavior described didn't meet EDD's legal definition. The bar for misconduct is higher than most employers realize.

Is the appeal complicated? Do I need to like... go to court?

It's an administrative hearing, not a court exactly. It's relatively informal - usually done by phone. A judge (appeals referee) hears both sides. You can represent yourself. Just bring documentation and be prepared to explain your account of events clearly.

I've been to one of these hearings. It's genuinely not as intimidating as it sounds. The referee is neutral and the format is structured but accessible. I went without a lawyer and won.

Yes, your weekly benefit amount (WBA) is calculated based on your highest earning quarter in a specific base period before you filed. California EDD generally pays about 60-70% of your average weekly wages up to a maximum amount (the max changes periodically). You can use the EDD's online benefit calculator before you file to get an estimate.

oh cool thanks. so the more you made the more you get basically

Generally yes, up to the cap. The max WBA in California is currently in the $450-$500+ range per week depending on the period - but if you were making a good salary you'd likely hit that cap. The calculator on the EDD website will give you a personalized estimate.

I really feel for you - that waiting with no information is genuinely awful. This is exactly the situation where I'd go back to Claimyr (claimyr.com). When I was in adjudication limbo I literally could not reach EDD by phone no matter what I tried, and Claimyr connected me to an actual agent. Once I could talk to someone I got actual answers about my case status and what was needed to move it forward. There's a demo at https://youtu.be/JmuwXR7HA10 if you want to see what it does.

I've seen that mentioned a few times in this thread. Going to look into it tonight because I genuinely don't know what else to do at this point.

Also if Claimyr doesn't work or while you're waiting - file a complaint through AskEDD (the online message system) specifically asking for a status update on your adjudication. It won't get you an instant answer but it creates a paper trail and sometimes prompts someone to review your case.

Somewhat related actually! Yes you can do some freelance/part-time work while collecting California UI benefits, but you MUST report all earnings on your weekly certification. EDD will reduce your benefit amount for weeks you earned income. If you earn more than your weekly benefit amount in a given week you won't receive benefits for that week, but you also don't lose your whole claim. It's a partial benefits calculation.

oh interesting so it's not like if you earn ANYTHING they cut you off completely

Correct. There's a formula - California EDD allows you to earn up to 25% of your WBA before they start reducing your payment dollar for dollar. The key is you MUST report it honestly. Underreporting earnings is what creates overpayment issues down the line.

I needed to hear this honestly. I've been feeling guilty about filing like I'm asking for a handout but you're right.

Extremely common feeling, don't let it stop you from filing. Your employer paid UI taxes on your wages the whole time you worked there. This is insurance you've already 'paid for' in a sense.

this is a really good point. same as car insurance or health insurance. you pay in and then use it when you need it

If the employer doesn't respond within the required timeframe, EDD typically proceeds based on the claimant's account of the separation. In practice this often means the claim gets approved because there's no employer contesting it. Employers who don't respond lose some of their ability to appeal later as well.

oh interesting so it might actually help her that they didn't respond

yep this happened to me the first time I filed. small company, they apparently never responded. approved pretty quickly. i think some employers just don't bother especially if it's a small business without HR.

Mine was definitely a lump sum - they just paid me two weeks at my normal rate as a one-time payment. Is that okay?

That's generally the most favorable type for UI purposes. A lump sum severance typically doesn't delay your benefit year start date the way salary continuation can. You'll still need to report it on your initial claim form but it shouldn't disqualify you.

Good catch bringing this up. A lot of people don't think about this and then are surprised when their start date is affected. The EDD instructions on the initial claim form ask specifically about this.

This is so helpful thank you for posting this. Seven weeks is rough but good to have a realistic timeline expectation.

Yeah 7 weeks was the hardest part financially. I had to borrow some money from family to bridge the gap. But the back pay once I was approved covered all the pending weeks so it worked out. Just hang in there.

This is a great real-world example. The adjudication phone interview is really the key step - if you're honest, organized, and have any documentation of your good standing at the job, those interviews tend to go well for the claimant.

Can you set up direct deposit instead of the debit card? I didn't know that was an option

Yes! When you set up your claim you can choose direct deposit to your bank account. It's honestly way better than the debit card in my experience. Funds show up faster and you don't have to worry about ATM fees or the card getting stolen.

i had so many problems with the edd debit card. wish i had done direct deposit from the start

California EDD unemployment eligibility is based on earnings during your 'base period' (typically the first 4 of the last 5 completed calendar quarters before you file), not how long you were at your most recent job. So if you had earnings before this 4-month job that fall in that base period, those count too. If you worked somewhere else before this job you're probably fine. If this was your very first job and you only have 4 months of earnings ever, you might not meet the minimum earnings threshold.

I had a previous job before this one so I think I'm okay then. Good to know it's not just based on the most recent employer.

Exactly right. California EDD looks at your total wages during the base period across all employers. Your most recent employer is just the one they contact about the separation reason - your wage history comes from your full employment record.

Oh wow this is good to know - I'll definitely keep that in my back pocket if I hit any roadblocks with my claim.

glad it worked out!! that's so frustrating that there was something waiting in your portal and nobody told you. the edd notification system is terrible.

This is exactly the kind of thing that only gets resolved when you can talk to an actual person. No automated system or AskEDD message would have caught that. Glad you got through.