If fired can I get unemployment through California EDD?

Oh that's actually really reassuring. So performance-related stuff isn't automatically misconduct? Because my manager mentioned I missed some deadlines but it wasn't like I was doing anything intentionally wrong.

Yeah this is correct. There's a difference between being bad at your job and intentionally violating company rules. California EDD recognizes that distinction. File your claim asap because there's a waiting period and you want to start the clock.

My coworker got fired for being late too many times and still got unemployment approved. They put it under misconduct initially but then it got approved on appeal. The bar for actual misconduct is higher than most people think.

Wait so there's a waiting week where I won't get paid no matter what? So I should have filed like the day I got fired?

Exactly. The waiting week is mandatory under California law - everyone serves it. You can't get benefits for that first week. So yes, file as soon as possible to start that clock running.

i filed same day i got laid off lol didnt even know about the waiting week thing until i saw my first payment was one week less than expected

3 weeks in adjudication sounds really stressful. Did you keep filing your weekly certifications during that time?

YES - keep filing your weekly certifications every week no matter what. Even if your claim is in adjudication or pending. If you stop filing and then get approved, you may lose those weeks entirely. File every single week.

This is the most important advice in this thread honestly. I made the mistake of not filing my weeklies during adjudication thinking there was no point and I lost like 3 weeks of benefits. Don't make my mistake.

Oh interesting. I was actually just trying to call EDD this morning and got a busy signal four times in a row. Is this legit?

yeah totally legit. i was skeptical too but it worked. the agent i got was actually super helpful and explained the whole misconduct definition to me which calmed me down a lot

I've heard of this. My sister used it when she had an overpayment issue she needed to resolve. Said it was way less frustrating than trying to call herself.

Not a dumb question at all. California EDD looks at your earnings during what they call the 'base period' which is typically the 12-18 months before you filed your claim. You need to have earned at least $1,300 in your highest quarter OR $900 in your highest quarter AND total base period earnings of 1.25x that amount. Eight months of work could easily be enough depending on your wages.

Oh okay so it's based on how much I earned not just how long I worked. That makes more sense. I was making decent money so hopefully that helps.

Yeah the base period calculation is something a lot of people don't understand. Even part time work can qualify you if the earnings were sufficient. The EDD website has a benefits calculator you can use to estimate your weekly benefit amount before you even file.

Wait really? The burden is on the employer? That's not how I thought it worked at all. I assumed I had to prove I deserved to get unemployment.

Correct. Under California unemployment law, if EDD denies your claim for misconduct, the standard requires the employer to demonstrate you knew the rule, the rule was reasonable, and you deliberately violated it. 'You weren't meeting performance expectations' is usually not misconduct under that definition.

This is accurate. I worked in HR for a few years and watched employers try to fight unemployment claims. Honestly unless there was something really egregious it's often hard for employers to meet that misconduct standard.

6 hours and still didn't get through?? That's insane. At least now I know I'm not the only one having this problem.

i literally took a day off work (when i still had a job) to try to call edd about a previous claim issue. spent the whole day and got nowhere. the phone system is genuinely broken

calling early in the morning is supposed to help but even then it's a gamble. tried at 8am on a tuesday and still got busy signal for like 45 minutes

This is really helpful context. I feel way better about my situation after reading this. My firing was definitely a performance thing, nothing like stealing or anything serious.

wait so even if you get disqualified for misconduct there's like a window where you can still eventually get benefits? i didnt know that

Yes - for regular misconduct EDD typically disqualifies you for a period of time (usually tied to how much your former employer paid into the system) but you're not permanently barred. Gross misconduct affecting public safety or involving a felony is different. But regular misconduct has a disqualification period, not a permanent ban.

This is exactly what I needed to hear honestly. How did you handle the adjudication period emotionally? I'm already anxious about money.

It was rough ngl. I just kept telling myself there was nothing more I could do except file my weeklies and wait. Tried to focus on job applications. The hardest part was not knowing the timeline.

The adjudication uncertainty is the worst part. You just have to keep certifying and trust the process. Most first-time filers who got fired for performance reasons do end up approved in my experience.

Oh I had no idea about the job search requirements. So I have to be actively applying while receiving benefits?

Exactly. You certify each week that you were able and available to work and that you made your required job search contacts. Keep a log with dates, company names, position applied for, and how you applied. EDD can ask to see it.

The job search requirement is important but don't let it stress you out. It's meant to encourage active searching anyway. Just document what you're doing and you'll be fine. Most people are already applying for jobs so it's just a matter of keeping a record.

Yes you can still file! Your base period earnings from all jobs count toward your eligibility. The gig work may actually help your earnings total. When you file, report all your employment history accurately including the gig work. If you earned wages from gig work as a W-2 employee it counts. If it was 1099 independent contractor work it's more complicated but you may still have options.

it was kind of a mix honestly, some of it was w2 some was 1099. gonna call edd i think to figure out my specific situation

for calling edd definitely try claimyr.com - like i mentioned earlier it's way better than just dialing and hoping. your situation sounds complicated enough that you really need to talk to an actual agent

My situation was pretty clearly performance-related from what I can tell but this is good information for others. I hadn't even thought about that angle.

Correct and worth noting - filing for unemployment doesn't waive any other legal rights you might have. They're completely separate. If you have any suspicion your firing was discriminatory, consulting with an employment attorney is worth it, many do free consultations.

Thank you for this, really. I updated my contact info right after reading this. I didn't even think about that.

Yeah the number of people who miss time-sensitive EDD notices because their email was wrong or went to spam is probably huge. Check your spam folder too after you file - EDD emails sometimes end up there.

good tip about spam. EDD emails about my adjudication went to my spam folder and I almost missed the deadline to respond to their questionnaire. scary

Good to know there's a safety net if I do get denied. 30 days to appeal - I'll write that down.

The appeals process is more formal than the initial claim but it's designed to be accessible without a lawyer. You can bring documentation, written statements, even witnesses. Take it seriously but don't be scared of it.

Also worth noting: if you win your appeal, you receive all the back payments for the weeks you were certified for during the adjudication and denial period. Which is why it's SO important to keep certifying every week even when things look uncertain.

No, collecting unemployment is completely confidential between you and EDD. Future employers don't have access to whether you filed or collected unemployment. It's not on any background check report. Collect your benefits without worrying about this.

Oh thank god. I was actually more worried about that than the money honestly. That's a huge relief.

yeah there's a lot of myths about unemployment that scare people out of filing. like this one or the idea that it 'hurts' your former employer somehow. collect what you're entitled to, you paid into the system through payroll taxes

I think I'm going to try this. The not-knowing is killing me already and I just filed yesterday.

Yeah for peace of mind alone it was worth it to me. The EDD agent I spoke with was actually really nice and helpful once I got through. The system itself isn't bad, it's just the getting through to someone part that's broken.

adding this to my list too. thank you for sharing