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Joshua Wood

If an employee is fired are they eligible for unemployment in California EDD?

Got let go from my job at a distribution warehouse last Thursday and I'm trying to figure out where I stand with unemployment. My supervisor said I was being terminated for 'performance issues' but honestly the whole thing felt pretty sudden - no written warnings, no HR meetings, nothing documented as far as I know. I've been working there almost two years so I do have wages to show. My question is basically: if an employee is fired are they eligible for unemployment, or does getting fired automatically disqualify you? I've seen conflicting stuff online. Some sites say you're automatically disqualified if fired, other places say it depends. I already applied through myEDD at https://myedd.edd.ca.gov/ but now I'm stressed about whether this is even going to go anywhere. Anyone been through this?

DE 4800 came in my mail about ten days after I filed - that's the notice scheduling my phone interview. My situation was a firing too, 'policy violation' was what my employer put down. Used Claimyr (claimyr.com) to get through to EDD before the interview date so I could ask what documentation to have ready, and an agent pulled up my file and told me which weeks were still pending and confirmed the interview was the next step before any payment could go out. The video explaining how to reach a live person at EDD by phone is at https://youtu.be/JmuwXR7HA10 - worth watching before you try calling. The agent said the burden is on the employer to show there was actual misconduct, not just that they were unhappy with my work. My interview went fine and my payments came through.

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That's exactly what I needed to hear about the documentation side. So you had the interview, employer had to prove misconduct, and it worked out? Did the agent say anything about what 'misconduct' actually means in EDD's eyes?

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The agent didn't define it beyond saying it's the employer's job to prove it happened, and EDD makes the call after hearing both sides. No promises either way - just that my interview date was set and I needed to certify once it was done.

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DE 4800 is the one to watch for, yes. That notice shows the date and time of your interview right on it, and UI Online also shows the scheduled time on the homepage once it's set up.

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Firing does NOT automatically disqualify you from California unemployment - that's one of the biggest myths floating around. The way it works is that your employer has to show EDD there was actual misconduct on your part. Performance issues, being bad at the job, not meeting quotas, that kind of thing - that's generally not misconduct in EDD's view. Misconduct is more about willful, deliberate rule-breaking. If your employer can't prove that, you're eligible. Keep applying and certify once EDD opens that up for you.

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wait so if i got fired for being late twice im probably fine? thats what happened to me and i was scared to even apply

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Filing is always worth doing - EDD decides, not your old employer. Two late instances and no documentation sounds thin for a misconduct finding, but EDD will ask both sides and make the call.

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Applying is the right move no matter what the reason was. The worst that happens is EDD sends a Notice of Determination saying you don't qualify, and even then you have 30 days to appeal it.

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Went through almost this exact setup eight months ago - fired for 'not meeting expectations' at a logistics company. EDD scheduled an interview, my former employer gave their side, I gave mine, and the determination came about two weeks after the interview. Got approved. The employer never submitted any written documentation to EDD at all, which I think hurt their case. My weekly benefit amount was on the DE 429Z that came in the mail before the interview was even done.

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Eight months ago - so this is pretty recent process-wise. Did you have to do anything special to prepare for the interview, or just answer their questions?

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Mostly just answered honestly. I'd kept some old emails that showed my manager's feedback had been positive up until two weeks before the firing, and I mentioned those. The interviewer asked me to describe what happened, what my job duties were, and whether I'd received any warnings.

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The emails thing is smart. Having something that shows the timeline - especially if the employer's story doesn't match - can matter a lot when EDD is weighing both sides.

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Something I want to flag for anyone reading: a few comments here are using 'misconduct' and 'performance' interchangeably and they're not the same thing for EDD purposes. Poor performance means you weren't capable of doing the job well - that's not misconduct. Misconduct is when you knew the rules and deliberately broke them anyway. EDD looks at intent. Getting fired for not hitting sales targets or missing a deadline is very different from getting fired for, say, stealing from the register.

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okay that actually makes a lot more sense. so its about whether you meant to do something wrong not just whether you did something wrong

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Exactly. The deliberate part is key. EDD's standard is roughly: did you knowingly do something you weren't supposed to do, or did you just not perform well enough? Those lead to very different outcomes.

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This distinction trips so many people up. I've seen people not apply at all because they assumed getting fired meant automatic denial. EDD's own language puts the proof squarely on the employer's side.

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CalJOBS registration is something to get on early too. After you apply, watch for the Notice of Requirement to Register for Work (DE 8405) - most people have 21 days from that notice to get registered and post a resume on caljobs.ca.gov or payments can get held up. The unemployment side and the CalJOBS side run on separate tracks and people miss this.

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I had no idea about CalJOBS being separate. So even while I'm waiting for the interview outcome I should be getting that set up?

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Yes, don't wait. If the DE 8405 showed up or comes in the mail, the 21-day clock is running. Getting registered early means one less thing to worry about while adjudication is pending.

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Agreed - CalJOBS caught me off guard on my first claim years ago. Set it up as soon as you get that notice, post a real resume, and check back because they sometimes ask for updates.

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EDD is also going to notify your old employer that you filed. The employer has about 10 days from the date on that notice to respond and give their side of the story. If they don't respond, that actually works in your favor - EDD decides based on whatever information it has, and a one-sided account from you is better than nothing. If the employer does respond, EDD schedules the phone interview to hear both perspectives.

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Mine never responded. Got approved pretty quickly after that actually. I think the interviewer tried to reach them and couldn't, then just went with my account.

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That tracks. EDD gives employers the window to respond, and silence tends to work in the claimant's favor in a firing situation since the burden is on them to show misconduct happened.

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The waiting week thing confused me for weeks on my first claim - just want to mention it for anyone new to this. Your first week is an unpaid waiting period, so the first time you certify you'll cover that waiting week plus one paid week. You don't get paid for the waiting week, but it still counts and you still have to certify for it. Don't skip it thinking nothing will happen.

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i thought the waiting week got removed?? someone told me california got rid of it

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No, that's not right - the one-week waiting period is still part of every California UI claim. It doesn't reduce what your claim can pay total, but that first week is unpaid. Whoever told you otherwise had it wrong.

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Came up in my adjudication research too - the waiting week is still there, it just doesn't shrink your maximum benefit amount. You serve it once at the start and that's it.

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Adjudication just means EDD is deciding something about your eligibility - it's not automatically bad news. When a claim goes into adjudication because of a firing, it means EDD needs to gather info from both you and the employer before it can pay anything. Pending weeks in your Claim History just means those weeks are waiting on that decision. Once it resolves, paid weeks usually process pretty fast.

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I keep seeing 'adjudication' everywhere and nobody explained what it actually meant practically. So pending weeks in Claim History just sit there until after the interview and EDD's decision?

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Exactly. Certify every two weeks regardless - EDD can only release payment on certified weeks, and you don't want gaps. The pending status will update once EDD's eligibility determination comes through.

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And the determination comes as a Notice of Determination (DE 1080CZ) if you're denied - but if you're approved, you typically just see the payments start coming through without a separate approval letter.

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Firing for 'performance issues' with no written warnings is actually a fairly common scenario for EDD claims and tends to go in the claimant's favor more often than people expect. The documentation gap matters a lot. If your employer claims there was a pattern of misconduct but can't produce any written record of warnings or prior disciplinary action, that's a credibility problem for them when EDD is weighing the two accounts.

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That's reassuring. Honestly I never received anything in writing - not even after the fact. My HR person sent one email saying my last day was Thursday and that was it.

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Keep that email. Document the date you received it and what it says. During the phone interview, if they ask whether you received any formal warnings, that email and the lack of anything else before it tells the story clearly.

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Same situation on my claim - zero paper trail from the employer's side. I think that ended up mattering more than anything I said in the interview.

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Benefits are taxable at the federal level - just want to put this out there since it surprises a lot of people. California doesn't tax unemployment benefits, but the IRS does. When you certify you can choose to have 10 percent withheld for federal taxes so you don't get hit with a bill in April. EDD sends a 1099G each January showing what you received. You can also find it in UI Online under Payments.

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wait really?? nobody told me this when i filed. is it too late to set up withholding

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You can change it going forward - choose the withholding option when you certify. It won't cover past payments but it'll help for future ones.

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EDD phone lines are genuinely brutal to get through on a regular call. I had a question about my claim after the interview - my Claim History showed a week still pending even though two other weeks had paid out - and I tried calling 1-800-300-5616 for three mornings without getting through. Tried Claimyr and was talking to an EDD agent that same afternoon. The agent looked at my account and told me that one week was still pending because a document EDD had requested hadn't been marked as received on their end yet, then told me exactly what to do next.

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How long does the EDD phone line usually take when you do get through? I'm worried about the pending weeks situation too.

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When I actually got through it was fine - the agent was helpful and had my file up quickly. It's the getting through part that takes forever if you're trying the regular way.

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The live chat in UI Online (there's a Help button once you're logged in) works Monday through Friday 9 to 2. Sometimes faster than the phone for quick questions about what's showing on your account.

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Direct deposit gets set up in myEDD - worth doing before your first payment comes through. Payments often post within 24 hours of certifying online if everything is in order on your claim. If you leave it on the default it'll go to the Money Network debit card EDD assigns, which is fine, but direct deposit is cleaner if you have a bank account to send it to.

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Good to know - I'll set that up. Is that in account settings somewhere in myEDD?

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It's in myEDD, yes - you can update your payment method there. I'd do it before your first certified week pays out so you don't have to wait on the card to arrive.

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My firing was categorized as 'insubordination' by my employer. Went into adjudication, had the interview, employer gave their version. EDD sent the DE 1080CZ - that's the Notice of Determination - saying I was disqualified. Appealed within 30 days using the DE 1000M form that came attached to it. Hearing was scheduled about six weeks later with an administrative law judge. Ended up winning at the hearing because my employer's witness changed their story from what they'd told EDD originally. Keep copies of everything.

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That's a lot to go through but good to know there's a real appeals process if EDD's initial decision goes the wrong way. So the DE 1000M comes attached to the denial notice?

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Yes, the Appeal Form (DE 1000M) is attached right to the DE 1080CZ. You mail it to the address printed on the notice. Thirty calendar days from the mailing date on that notice is your deadline - not 30 days from when you receive it.

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The 30 days from the mailing date detail is important and trips people up. If the notice was mailed on a Friday and sat in your mailbox over a weekend, your clock started on that Friday.

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Paycheck situation while waiting: you're not going to get a UI payment for probably three to four weeks from when you filed, between EDD processing the application and your first certification coming due. If you have severance from your employer, EDD's rules say that doesn't block you from filing right away - you can apply immediately and EDD sorts out how to treat the severance on their end.

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They did mention severance in my termination email actually. I wasn't sure if I was supposed to wait until that ran out before applying.

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No, file right away. Waiting only delays when your benefit year starts and potentially costs you weeks. What you receive as severance gets reported when you certify, and EDD works out how it affects your payment - but don't delay applying.

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Seconded - the claim start date is the Sunday of the week you apply. Every week you delay is a week you can't get back.

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The Unemployment Benefit Calculator on edd.ca.gov is worth using to get an estimate of your weekly amount before the DE 429Z arrives. It runs off your highest-paid quarter from the base period. The number on the calculator isn't guaranteed - the official amount is whatever comes on the DE 429Z - but it gives you a ballpark for budgeting while you wait.

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i used that calculator and got confused because my highest quarter was during overtime season so my number was higher than i expected

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The calculator uses your actual reported wages, so if one quarter had a lot of overtime it'll reflect that. The cap is $450 a week regardless of what the formula produces, and EDD confirms the real number on the DE 429Z.

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$40 to $450 per week is the range for California UI. The DE 429Z shows your weekly amount and your maximum benefit amount, which is 26 times the weekly or half your total base period wages, whichever is less.

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Certifying doesn't start until EDD opens it up - usually about two weeks after they process your application. You'll certify every two weeks through UI Online or by phone using EDD Tele-Cert at 1-866-333-4606. Miss a certification period and you lose those weeks unless EDD makes an exception. The pending status in Claim History during adjudication doesn't mean stop certifying - keep going even if everything shows pending.

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So I should just keep certifying even though the interview hasn't happened yet and everything is pending?

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Absolutely. Certifying is what creates the record of the weeks you're claiming. EDD releases payment for certified weeks once eligibility is resolved - but if you didn't certify a week, they can't go back and pay it.

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Skipping certifications during a pending period is one of the most common mistakes. The adjudication outcome unlocks past certified weeks; it can't create weeks you didn't certify.

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Looked at my own claim notes from earlier this year - my employer submitted a response to EDD that was full of exaggerations and one thing that was flatly untrue. During my phone interview I calmly gave my side, referenced specific dates, and mentioned the inaccuracy. The interviewer noted it. The determination came out in my favor. You don't have to be aggressive, just specific and factual.

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That's helpful framing. I was nervous the interview would be confrontational. It sounds like it's more of a fact-gathering call.

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Pretty much. The interviewer isn't there to argue - they're taking information from both sides and passing it up the chain. Being specific beats being emotional every time.

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Specific dates, specific conversations, specific reasons for decisions - those are what EDD can actually use. 'My manager never liked me' doesn't help. 'My manager approved my last performance review in writing four months before the firing' does.

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Tried three times to get through to EDD after getting a letter I didn't understand - something about identity verification for my new claim. Finally reached someone through Claimyr and the agent confirmed my ID.me verification had been received and the hold on my account was already cleared. Kept certifying after that and payments came through.

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ID.me - is that something everyone has to do or just certain people?

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EDD uses ID.me for identity verification. Most people filing online go through it as part of the process. If EDD can't verify right away you get a DE 1326C in the mail asking you to do it.

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You create an ID.me account, go through the photo verification steps, and authorize ID.me to share with EDD. Straightforward once you know what it is - just don't ignore a DE 1326C if one shows up.

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CalFresh is worth looking into while you're in the gap between losing your job and getting first UI payment. Unemployment benefits count as income for CalFresh purposes but you can still qualify if the amount is below the threshold - apply at BenefitsCal or call 1-877-847-3663. The county handles it, so amounts and rules vary a bit, but it covers the gap for a lot of people.

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didnt know unemployment counted as income for calFresh. i thought if you were getting UI you couldnt get food assistance

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Unemployment benefits are reported as income when you apply for CalFresh, but you can still qualify - the threshold is what matters, not whether you're on UI. Apply and let the county make that determination.

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BenefitsCal is also where you apply for Medi-Cal if your work health insurance is ending with the job. COBRA keeps your existing coverage but it's usually expensive. Covered California is another option for a marketplace plan.

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Something that helped me feel less lost: 'adjudication' and 'appeal' are not the same thing, even though I confused them constantly at first. Adjudication is what EDD does before making any decision - they're gathering info and deciding eligibility. An appeal is what you do AFTER they make a decision, if you disagree with it. The phone interview is part of adjudication. Adjudication is not a punishment, it's just the process for any claim where there's a question about why you stopped working.

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I was using those words interchangeably and I was definitely wrong. So right now I'm in adjudication waiting for the interview, and appeal would only be relevant if I got a denial after that?

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Exactly right. If the determination goes your way you never deal with the appeal process at all. Appeal only comes into play if you get a DE 1080CZ saying you're disqualified and you want to fight it.

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Worth knowing even if you end up not needing it: the appeal deadline is 30 calendar days from the mailing date on the DE 1080CZ, the Appeal Form DE 1000M is attached, and you mail it to the address on the notice. Keep the envelope from EDD to show the postmark if the timing is ever questioned.

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