If my job fired me can I get unemployment through California EDD?

Wait so performance issues don't count as misconduct? That's actually really reassuring. They wrote up some stuff in my file before I got fired, does that change anything?

Written warnings don't automatically make it misconduct either. EDD will look at whether your actions were willful or just mistakes. Keep any documentation you have from your time there, including those writeups, because you'll want to explain your side during the adjudication process.

This is really good info. I was in a similar situation and I was so scared to even apply thinking I'd just get denied immediately.

I didn't know the waiting period started from when you file, I thought it was from when you got fired. I'll go do it now.

same thing i wish someone told me this when i got fired. waited like 2 weeks before filing and basically lost out on payments for those extra days beyond the waiting week

Adjudication keeps coming up in these threads, is that like an investigation into whether I qualify? And good tip about Claimyr, getting through to EDD on the phone sounds impossible from what I've read.

Yeah adjudication is basically EDD reviewing the circumstances of your separation to make sure you qualify. They contact your employer, look at both sides, and make a determination. It can take a few weeks and your payments are held until it's resolved. Having a way to actually reach EDD to check on things is super helpful during that time.

Claimyr worked for me too when my adjudication dragged on for almost 5 weeks. Finally got a real person on the phone who could tell me exactly what was pending and what I needed to submit.

I hadn't even thought about it that way. I did send an email to HR about the safety stuff about 3 weeks before I got fired. Should I mention all of this when I file my unemployment claim?

YES mention it when you file. In the section where they ask about reason for separation you can explain that you believe the termination was connected to your safety complaints. EDD won't pursue the legal angle but it establishes your narrative and might help your misconduct determination.

I'd also suggest contacting an employment attorney about the potential retaliation claim, many do free consultations. Separate from the unemployment process but worth knowing your rights.

How did you know if EDD was going to call you? Did they give you a specific date and time or just call randomly?

They sent me a letter with a scheduled interview time. Make sure your address is correct in UI Online and also check your email because sometimes they send notice there too. I almost missed mine because the letter went to my old address.

This is a really important tip about the interview. My neighbor missed her EDD phone interview and her claim got delayed by like 6 extra weeks trying to get it rescheduled.

While I understand the frustration, I do want to clarify that EDD does approve a large percentage of claims for people who were fired for non-misconduct reasons. The process can definitely be slow and confusing but it's not designed to automatically deny fired workers. Stay on top of your claim and provide thorough documentation.

I'm just saying from personal experience. Maybe my situation was unusual but it felt like I had to fight every step of the way. Just want OP to know they might need to be persistent.

Both points taken. I'll be thorough and persistent and hopefully it won't come to an appeal but good to know that option exists.

Yeah I definitely wouldn't say I quit because that's just not true. Good to know about the discharge option and the follow up section.

This is really important advice. The reason for separation you select on the initial application sets the whole direction of how EDD processes your claim. Accuracy matters a lot here.

my cousin made this mistake and selected the wrong thing and it took forever to fix it and delayed her claim by like 2 months

Yes definitely file. And if the attendance issues were related to a medical condition that's actually important information to include. California has specific protections around medical leave and EDD would take that into account. If you had or should have had FMLA or CFRA leave for your condition that's a really relevant factor in whether the discharge counts as misconduct.

I didn't know any of this. They never mentioned anything about medical leave options to me before firing me, they just issued me a final warning about attendance and then let me go the next week when I missed another day. That sounds like it could matter.

It definitely matters. An employer firing someone for using protected medical leave is a serious issue. File your unemployment claim and also consider whether you want to speak to an employment attorney about the circumstances.

Wait I didn't know about the job search requirement. So even while my adjudication is pending I need to be doing job searches and filing weekly?

Yes, you should be filing your weekly certifications from the start even while adjudication is pending. If you get approved later, you'll get paid for those weeks retroactively. If you stop filing during adjudication and then get approved you might lose those weeks.

This is a really important point that people miss. File every week no matter what even if your claim shows pending or under review. Those weeks won't pay out until things are resolved but they're logged and you'll get them when it clears.

That's kind of unsettling but I guess it makes sense why they would do that. How detailed do I need to be in explaining my side? Is there a character limit or anything on the forms?

there's a character limit on the online form but you can always mail in additional documentation or a written statement if you need more space. I've heard of people sending detailed letters explaining everything to supplement their online application

You can submit additional documentation through UI Online's secure message center too. You don't have to rely only on what fits in the initial form boxes. Upload anything relevant - emails, your own written account of events, anything that supports your version.

Multiple people have mentioned Claimyr now. I'm definitely going to look into it if my claim goes into adjudication and I need to talk to someone. The idea of trying to call EDD on my own sounds like a nightmare.

Yeah the traditional call method is brutal. I spent probably 6+ hours across multiple days trying to get through before finding out about Claimyr. Don't put yourself through that especially when you're already stressed about the unemployment situation.

Is it hard to use? Like is it complicated to set up?

No it's really straightforward. The video explains it well. Basically it handles the hold time for you and connects you when an agent is available.

Oh good tip. I still have my pay stubs. I'll dig those out before I file tonight.

Your W2 from last year would also have the employer's federal EIN which EDD can use to look up their records. Good thinking.

Non-union unfortunately. It was a pretty large national company though. Does the size of the company make any difference?

Not really for purposes of whether you qualify for UI benefits. Larger companies tend to have HR departments that are more experienced at the EDD process but that cuts both ways - they also know how to fight claims. Just be thorough.

I worked at a big warehouse company too when I got fired. They had a whole HR team that responded to EDD but I still got approved because the facts were on my side.

Yeah I have a little saved up but not a lot. That timeline is a bit scary. Are there any expedited options or anything if you're in financial hardship?

EDD doesn't really have a formal expedited process for financial hardship unfortunately. The best thing you can do is file immediately, respond to anything EDD sends you within the deadline they give you, file your weekly certifications on time, and if your claim is stuck in adjudication try to reach an agent to find out if there's anything specific they need.

The California 211 helpline is also a good resource for emergency assistance while waiting for UI benefits. They can connect you with local rental assistance, food banks, and other resources based on your specific area.

Under review and adjudication are basically the same thing in this context. Don't panic, it's normal. Just keep filing your weekly certifications and respond promptly to any communication from EDD. You did the right thing by filing.

Okay that makes me feel better. Filing the weekly certifications even with no payment showing seems weird but I'll do it based on what people said in this thread.

Yes do NOT skip the weekly certifications even when it shows pending. That is the most important thing. Those weeks are being logged and you'll get paid for them retroactively when your claim clears.

The adjudication interview is basically EDD asking you to walk through the events leading up to your termination. They'll ask what happened, whether you received warnings, whether you knew you could be fired for the issue, and whether you had any reason to believe you might lose your job. Just be honest and specific. There are no trick questions but vague answers can hurt you. The more clearly you can explain your side, the better.

That helps. I'm mostly worried because my firing was kind of complicated with multiple overlapping issues. Should I just focus on one main thing or explain everything?

Explain everything relevant but keep it organized and factual. Don't ramble or go off on emotional tangents during the interview. If it helps, write out a brief timeline of events beforehand so you're prepared to walk through them clearly.

Yes I filed last night! It went through and says claim is under review now. A little nerve-wracking but I feel better having actually done it. Thank you to everyone in this thread, I went from having no idea what I was doing to feeling like I at least understand the process now. I'll update when I hear something.

Great news! Remember to do your weekly certifications every week starting this week. And document your job search activities. Fingers crossed for a smooth adjudication.

Keep us posted. And remember if you need to reach EDD about your claim, Claimyr at claimyr.com is worth bookmarking for when you inevitably can't get through by regular calling. Saved my sanity during adjudication.

This is correct and important. The appeal must be filed within 30 days of the mailing date on the denial notice, not the date you receive it. So if it sat in your mailbox for a few days you have less time than you think. Act immediately when you get any determination letter whether good or bad so you understand what your options are.

Really hoping it doesn't come to that but good to know. I'll definitely set a reminder if I get anything that requires a response.

wait really the location thing? I always certify from my couch lol is that actually a thing

I honestly don't know how aggressive EDD is about that specifically. I heard it from someone who had a fraud flag on their account but there could have been other reasons. Probably overthinking it but the app itself is genuinely useful regardless.

Downloading the app now. Thanks for all the practical tips everyone. This has been the most useful thing I've read since getting fired.