If fired can you get unemployment in California? Just got let go and need answers

This is so helpful, I had no idea the burden of proof was on the employer. So I should just file and let the process play out?

Exactly. File right away because California EDD benefits are not retroactive beyond your filing date in most cases. Don't wait trying to figure out if you'll qualify - just file and be honest throughout the process. The worst they can say is no, and then you have appeal rights.

this happened to me too, fired for 'performance' and still got approved. def file asap

Wait so even while they're investigating I need to keep doing the weekly certifications? I didn't realize that. What happens if I miss a week during adjudication?

If you miss a week during adjudication you can sometimes get it backdated but it's a whole extra process and not guaranteed. Seriously, set a reminder on your phone for the same day every week and just do it. The weekly certification window is Sunday through Saturday and you certify after that week ends.

yep weekly certs are so important. i missed two weeks once thinking my claim was on hold and lost like $900 in benefits because of it. dont make that mistake

Oh wow I hadn't even thought about calling EDD yet - I assumed I'd have to figure everything out online. Is talking to an agent actually helpful or do they just read you what's already on the screen?

In my experience the agents actually had more info than what showed online. They could see notes on my claim and tell me specifically what the employer had submitted. Definitely worth trying to get through if your claim goes into adjudication.

Claimyr worked for me too when I was dealing with an adjudication issue. Getting a real person on the line made such a difference

does claimyr work for like any EDD issue or just specific ones? asking for my roommate who has a completely different situation

This is actually a really common misconception! Your cousin is wrong about this one. In California, being laid off does make it more straightforward to qualify because there's no misconduct question. But being fired does NOT automatically disqualify you. EDD evaluates the reason for termination. If you were fired for things like performance issues, not being the right fit, attendance problems that weren't willful... those often don't rise to the level of disqualifying misconduct.

ohhhh ok that makes way more sense. so its like a case by case thing

Exactly. Case by case. Voluntarily quitting without good cause is actually harder to qualify from than being fired in many situations, which surprises a lot of people.

This is great advice about documenting everything now. Should I reach out to my old HR department to request any documentation they have, like my personnel file?

Yes you are legally entitled to request your personnel file in California. Do it in writing (email so you have a record). This can actually help your case if it shows no formal disciplinary actions on record.

requesting your personnel file is so underrated advice. people don't realize employers sometimes exaggerate or add stuff to records and you need to know what's in there

The 30 day deadline is really important to know, thank you. Is the appeal process complicated? Do I need a lawyer?

You don't need a lawyer although you can have one if you want. Many people represent themselves successfully. The ALJ is there to find the facts, not to side with the employer. Bring your documentation, be organized, tell the truth clearly. There are also free legal aid resources in California that help with unemployment appeals if you need guidance.

I won my appeal without a lawyer. Just organized all my documents, wrote a clear timeline, and presented it calmly. The employer's HR rep actually couldn't answer the judge's questions about their own disciplinary process lol

Seven weeks is rough. Mine took almost five weeks and I was losing my mind. The uncertainty is the worst part.

EXACTLY. and they dont tell you anything in the meantime. youre just filing weekly certs and hoping

This is exactly why having a way to actually reach an agent matters so much. Even just getting confirmation that your claim is processing and what stage it's in helps with the anxiety. When I used Claimyr to get through to EDD it wasn't that the agent could speed things up but knowing the actual status helped me stop spiraling.

The language matters in terms of how EDD categorizes the potential disqualification, yes. 'Not meeting expectations' or 'performance issues' are very different legally from 'violated company policy' or 'insubordination.' Just describe exactly what you were told in your own words and let EDD categorize it. Don't try to use strategic language - accuracy is more important.

ok good that's reassuring. I was worried that saying 'performance issues' would automatically trigger a denial but it sounds like it's more nuanced than that

Right, it's nuanced. EDD is looking at whether there was willful misconduct, not just whether your employer was dissatisfied with you. Those are genuinely different things under California UI law.

Oh I didn't even think about this. I worked at the company for almost 4 years full time so I'm assuming I'd meet the earnings requirement? How much do you need to have earned?

with 4 years full time you're almost certainly fine. the minimum is something like $1,300 in your highest quarter or $900 in your highest quarter plus total base period wages of 1.25x that. basically anyone who worked consistently will meet it

Correct, the earnings threshold is not high and anyone with consistent full-time employment for multiple years will far exceed it. The separation reason issue is the main thing OP needs to navigate, not the earnings requirement.

Is the questionnaire sent by mail or through my myEDD account online?

They send notification to both usually but the actual questionnaire is in your myEDD inbox online. Log into your account regularly and check messages - sometimes the email notification goes to spam. I almost missed mine because of this.

Also take screenshots or download copies of everything you submit through myEDD. The system doesn't always give you confirmation emails and you want a record of what you responded and when.

I mean I agree with this in theory but the system is so inconsistent. I know people who had clear documentation in their favor and still got denied first, had to appeal

True, inconsistency is real. That's why knowing the appeal process exists is important - even if the initial determination goes wrong, it's not the end.

Yeah the appeals process exists specifically because initial determinations aren't always correct. The ALJ hearing is actually a much more thorough process than the initial adjudication.

Three weeks is within normal range, especially if there's a separation issue to investigate. Adjudication timelines vary a lot. I'd start getting proactive about checking your myEDD messages daily and maybe try calling EDD around week 4-5 if you still haven't heard anything.

ugh ok. the waiting is killing me. I have bills due and nothing coming in

If you're getting to the point where you really need status information and can't get through by phone, look into Claimyr at claimyr.com - there's a demo video at https://youtu.be/JmuwXR7HA10 that explains how it works. I used it when I was stuck in the same situation and getting an agent on the line actually helped me understand what was holding up my claim.

Employers do have the right to contest unemployment claims, yes. When you file, EDD notifies your former employer and gives them a chance to respond with their version of events. If the employer contests the claim, that's typically what triggers the more formal adjudication process where EDD reviews both sides. The employer can submit documentation and statements but they can't just say 'don't pay' without providing reasons and evidence. EDD makes the determination based on the facts, not just because the employer asked.

so they have to actually prove something, they can't just veto it

Exactly. The burden is on the employer to demonstrate disqualifying misconduct. And even if EDD sides with the employer initially, you can appeal to the CUIAB where you get a full evidentiary hearing.

wait really?? I always thought quitting was better because like you chose to leave. that's counterintuitive

I know it seems backwards! But the EDD logic is that if you left voluntarily you chose to be unemployed, so you need a really compelling work-related reason. If you were fired and it wasn't for serious misconduct, unemployment is basically there for exactly that situation.

Glad I didn't quit before they fired me. I was considering it because the environment was bad but I'm glad I didn't now reading this.

How many job search activities are required per week? And what counts as a job search activity?

California EDD requires a minimum of one job search activity per week but in practice most people do three or more. Applying for jobs is the most common activity. Networking, attending job fairs, contacting employers even without a specific opening, creating or updating profiles on job sites - these can all count. Keep a detailed log with dates, company names, contact info, and what you did.

The job search requirement is serious and they do audit. I keep a spreadsheet with every application I submit including the date, job title, company, and how I applied. If EDD ever asks I have everything documented.

Oh that's a really good point. I hadn't thought about whether there might be other legal angles beyond just the unemployment claim.

yeah if they fired you for something that seems like it might have been discriminatory or violated your rights, that's worth at least a consultation with an employment attorney. many do free consultations. EDD claim and legal claim are totally separate things.

This is an underrated point. EDD determination and employment law are separate systems. You can pursue both independently.

Thank you, I really needed to hear this. I've been catastrophizing since yesterday and this whole thread has helped so much.

totally understandable to spiral at first. it's a scary situation. but seriously just file today, keep certifying every week, be honest and document everything. you've got this

I didn't know about the one week waiting period either. So even best case scenario I won't see any money for at least a couple weeks from when I file?

Correct. The waiting week plus processing time means it's typically at least 2-3 weeks from filing until first payment even for clean claims. For claims with adjudication it can be longer. Plan your finances accordingly if you can.

Also the EDD debit card takes a while to arrive if you don't set up direct deposit. Highly recommend setting up direct deposit in myEDD as soon as your claim is established so there's no extra delay when benefits are approved.

I'm going to file today. This thread convinced me. Thank you everyone genuinely, I came in here panicking and I feel so much more prepared now.

Good luck!! Come back and update us. Also if you run into any issues during adjudication and can't get answers from EDD online, try calling and if you can't get through check out Claimyr - I've heard good things from multiple people in similar situations and their site is claimyr.com

Great attitude OP. File today, keep those weekly certs going, document everything, and don't panic if it goes to adjudication. That's a normal part of the process for termination claims, not a sign that you're going to be denied.