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Zane Hernandez

If someone gets fired can they collect unemployment in California EDD?

So I got let go from my warehouse job last Friday and I'm kind of panicking about what happens next. My supervisor said I was fired for 'performance issues' but honestly the targets they were setting were impossible for anyone on the shift to hit, not just me. I never got a written warning or anything, just a meeting on Friday afternoon and then they handed me a box. I've never filed for unemployment before and I genuinely don't know if getting fired means I'm automatically disqualified or if I still have a shot. Applied online through myEDD at https://myedd.edd.ca.gov/ this morning but now I'm just sitting here wondering if I did it right and whether this is even going to go anywhere. Does anyone know what actually happens when you file after being fired? Do they just reject it right away or is there a process?

Filing right away was the right move, so good on you for doing that. The thing people don't realize is that getting fired doesn't automatically knock you out of unemployment. EDD actually makes the employer prove you did something wrong on purpose, like stealing or lying or deliberately ignoring rules, not just that you weren't meeting numbers. Missing performance targets or struggling with an impossible quota is a very different thing from willful misconduct, which is what they'd have to show. EDD will reach out to your former employer and get their side, and they'll get yours. It's not a rubber stamp either way.

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That's actually really reassuring. So they're going to hear both sides before deciding? I was afraid they'd just take the employer's word for it.

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Yeah exactly, EDD isn't just going to side with whoever fired you. The whole point of the interview process is to get the full picture from both sides.

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Worth adding that if EDD decides you don't qualify after everything, they mail you a Notice of Determination and you have 30 days from that mailing date to appeal in writing. So even a denial isn't necessarily the final word.

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Retail job ending back in September put me in a similar spot, fired over a disputed policy violation that my manager applied to me but not to anyone else. Getting through to EDD on the phone was a nightmare at first. Claimyr (claimyr.com) is what I ended up using to actually reach a live EDD agent, it handles the hold time so you end up talking to a real person. The video explaining how to reach a live person at EDD is at https://youtu.be/JmuwXR7HA10. When I did get through, the agent looked at my case and told me there was a phone interview scheduled because of the circumstances of the firing, and that the date and time would be on a notice EDD would mail me called the DE 4800. She said the interview time would also show up on my UI Online homepage so I should check that too. That was actually useful to know because I'd been watching UI Online and not seeing anything, and now I understood what I was waiting for.

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Wait so there's a formal phone interview that gets scheduled? I had no idea about that. Is that the same as the appeal or is it a different thing?

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Different things entirely. The phone interview is how EDD collects information from you before making any decision on your claim, since there's a question about why you stopped working. An appeal is what you do after EDD has already made a decision and you disagree with it. You'd appeal by using the form that comes with the denial notice, the DE 1000M.

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Oh okay that makes more sense now. So I could have an interview and still get approved, the interview isn't a sign that something's wrong?

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Exactly, the interview is just standard for fired or quit situations. It doesn't mean your claim is in trouble, it just means EDD needs more information before it can decide.

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BEEN THROUGH THIS TWICE NOW and let me tell you the system is not exactly designed to be easy. Both times I got fired and both times I had to basically fight for every step. The first time my employer claimed misconduct and I had to explain myself at the phone interview and wait like three weeks after that before anything moved. The second time went faster but I still had weeks showing as Pending in UI Online Claim History for what felt like forever. Keep checking your Claim History section in UI Online because that's where you'll see any status changes.

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Pending weeks showing in Claim History just means EDD is still working out eligibility or verifying something. It doesn't mean denied. It moves eventually.

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Yeah I know that now but the first time it scared me half to death. Nobody tells you what Pending actually means.

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One thing that tripped me up when I was fired from a food service job two years ago was not knowing about the CalJOBS registration requirement. After my application processed EDD mailed me a notice that said I had to register in CalJOBS and post a resume within 21 days, and if I didn't it could stop my payments. The notice was called the DE 8405. I had just assumed I'd hear about benefits first and then deal with everything else, so I almost missed that window.

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I haven't heard of CalJOBS yet. Is that something everyone has to do?

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EDD's notice will tell you if you need to or not. For most people who file, yes, it's required. The site is caljobs.ca.gov and you create an account and upload a resume there. The 21-day clock starts from the date on that DE 8405 notice, not from when you get the letter.

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Yep same thing happened to me, got the DE 8405 and completely glossed over it at first. Set a reminder on your phone for before the 21 days are up once you get it.

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fired from a desk job last year same kind of vague 'performance' reason and i ended up qualifying no problem. my employer responded to EDD but their explanation didn't describe anything that would count as misconduct so EDD approved the claim. i never got a formal denial, the payments just started coming after i certified. the first certification usually covers the waiting week and the first paid week together.

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So the first certification covers two weeks? I didn't know there was a waiting week involved at all.

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yeah every claim has one week that doesn't get paid, it's just part of how it works. so your first certification usually covers that waiting week plus one actual paid week. the weekly amount is on a notice EDD mails called the DE 429Z.

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To add to that, the DE 429Z shows what your weekly benefit amount is and the maximum total your claim can pay. It's based on your earnings in the highest quarter of your base period. The EDD website has a calculator you can use to get an estimate before the notice arrives.

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Something I want to flag for anyone reading this: the employer technically can't deny your claim. That's not how it works. They can tell EDD their version of events and EDD takes that into account, but the final decision is EDD's, not the employer's. I've heard a lot of people assume their former boss has some kind of veto power and that's just not accurate.

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This is an important point. EDD decides, the employer just gets to respond. Even if the employer claims misconduct, EDD still evaluates whether that actually meets the standard for disqualification.

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My supervisor made it sound like there was no way I'd get unemployment, so this is good to hear.

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Supervisors say that sometimes because they don't understand the process, or because they're hoping you won't file. File anyway and let EDD make the actual call.

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For the phone interview, make sure you're near your phone at the exact time listed on the DE 4800 notice. The interviewer phones you at that scheduled time. If you miss it, contact EDD the same day if you can, because if EDD doesn't hear from you they'll make a decision based only on whatever information they already have, and that could hurt your claim.

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What if the time doesn't work for me? Can it be rescheduled?

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You can contact EDD at least one day before the scheduled time to try to change it, but they can only give you an open time slot, so it depends on availability. Better to try to make the original time if at all possible.

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Also the interview time should show up on your UI Online homepage in addition to being on the DE 4800, so you have two places to check.

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my coworker told me you can't get unemployment at all if you're fired, only if you get laid off. is that actually true??

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That's a common misconception but it's not accurate. Being laid off is the clearest path because there's no dispute about why you stopped working. Getting fired is more complicated because EDD looks at whether there was misconduct. But plenty of people who were fired do receive benefits, the outcome depends on what the firing was actually for.

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oh wow okay. i told my coworker that before i really knew and probably scared him out of filing. he should file!

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Yeah tell him to file. The worst that happens is EDD says no and he has 30 days to appeal. Not filing means definitely getting nothing.

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Also worth knowing about certifying once things get going. You certify every two weeks through UI Online, and that's how EDD knows to issue payment for those weeks. Don't skip certification even if your claim is still being decided or if you've appealed something. EDD can only pay back weeks that were actually certified, so if you stop certifying during a dispute you could lose those weeks permanently.

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How do I even know when to certify? Does EDD tell me?

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UI Online will show when your next certification is due. It's every two weeks after EDD processes your application and you've completed your first one. You can also certify over the phone using EDD Tele-Cert at 1-866-333-4606 if you don't want to do it online.

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and when you certify make sure you report any work or wages accurately for the week they were actually earned. even a few hours of part time work somewhere needs to be reported.

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Misconduct is a word that gets thrown around a lot but EDD has a specific meaning for it in this context. It's not just being bad at your job or not meeting expectations, it's more about intentionally doing something wrong or violating a rule you knew about on purpose. Pure performance issues, like missing productivity targets, generally don't reach that level. So your situation with the impossible warehouse quotas sounds like it could work in your favor.

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That's exactly what I needed to hear. It wasn't that I was refusing to work or doing something deliberately wrong, they just set targets nobody could realistically hit.

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Document that if you can. If you have any emails, messages, or records showing what the targets were and how everyone on the shift was affected, hold onto those. You might be able to reference them during the interview.

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SAVE EVERYTHING. I didn't save any of my work communications the first time and had a much harder time making my case. Anything in writing is gold.

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While you're waiting on EDD, look into CalFresh if money is tight. It's California's food assistance program and unemployment benefits count as income for eligibility purposes, so you apply with your expected benefit amount and the county determines what you qualify for. Apply through BenefitsCal or call 1-877-847-3663. It doesn't affect your unemployment claim at all.

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I hadn't even thought about CalFresh. Good to know that's an option.

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Also 2-1-1 is worth calling if you need help finding other local resources, food banks, rental assistance, that kind of thing. It's free and covers most of California.

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Payment-wise, EDD sends money to a Money Network prepaid debit card automatically unless you go into myEDD and set up direct deposit instead. You can change that before or after your first payment comes. Payment info updates daily in UI Online under the Payments section, and also on the EDD Tele-Cert phone line at 1-866-333-4606 which runs 24 hours.

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I'd rather have direct deposit. I'll change that in myEDD now before anything comes through.

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Good call, go into myEDD and you can update your payment preference there. Better to have it set up before the first payment processes.

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my buddy got fired for supposedly being late too many times and he said EDD approved him after the interview because he had doctor's notes for some of the absences and the company never formally wrote him up. EDD still approved it. fired doesn't equal disqualified, it really does depend on the specifics.

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That tracks. Documentation and whether the employer followed their own policies can matter a lot in how the interview goes. It's worth having your own account of events clearly laid out in your head before the call.

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yeah he said he just explained everything calmly and answered all the questions and that was it. didn't try to make the employer look bad, just said what happened.

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Signing up for CalJOBS also gave me access to job fairs and resume workshops through America's Job Centers of California, which I didn't expect. I thought it was just a checkbox for EDD. Ended up going to a resume workshop at a local center and it was actually decent.

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That's a nice bonus I didn't expect. I'll check if there's a center near me once things settle down a bit.

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AJCCs are free and they also have job referrals sometimes. Worth looking into once you're in the job search phase anyway.

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The DE 429Z mailing is what shows your weekly benefit amount, not the confirmation you get right after applying. So don't confuse the application confirmation with an approval, they're different things. The notice with the actual dollar amount comes separately, usually a couple of weeks after you apply.

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I was wondering what the confirmation email meant. So that just means the application went through, not that I'm approved?

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Exactly. The application being received and the eligibility decision are two completely separate steps. The DE 429Z shows the potential weekly amount based on your wages, and EDD still has to decide if you actually qualify before any money moves.

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And even a denial isn't permanent if you appeal within 30 days of the mailing date on the Notice of Determination. The Appeal Form is the DE 1000M and it comes with any denial notice.

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Had a question about taxes on unemployment benefits since I'm going to be filing next year. Does EDD take taxes out automatically?

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EDD doesn't take taxes out automatically, you have to choose it. Each time you certify there's an option to have 10 percent withheld for federal taxes. Benefits are taxable federal income but California doesn't tax them at the state level. EDD mails a Form 1099G in January showing what you received during the year, and it's also available in UI Online under Payments.

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Good to know, I'll opt into the withholding so I don't get surprised at tax time.

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i didn't opt in my first time and ended up owing money. definitely choose the withholding if you can swing it.

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To answer the original question directly since it got buried a little: fired does not mean disqualified. The question EDD is asking is whether the reason for the firing rises to the level of misconduct, meaning deliberate rule-breaking or dishonesty, not just that the job didn't work out. A lot of firings don't meet that threshold and those people get benefits.

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Thank you for the clear summary. I feel a lot better about where I stand going into this.

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Apply, go to the interview prepared, and certify on schedule once things get moving. That's really the whole process in a few words.

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Termination from a construction gig two years ago left me in the same spiral of not knowing whether I'd qualify. What helped me was writing down everything I remembered about the final conversation, who was in the room, what was said, any dates of previous incidents or non-incidents. Having that written down before the interview made me feel way more prepared when the interviewer started asking questions.

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Writing it all down is a good idea. I remember the meeting pretty clearly right now but I want to make sure I don't forget details by the time the interview actually happens.

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Do it now while it's fresh. Even notes on your phone. The interview could be a few weeks away and memories get fuzzy.

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Saw someone upthread mention that employers have to prove misconduct and I want to make sure nobody takes that too far. It doesn't mean the employer has to show up with a stack of papers and lawyers. It means EDD takes both sides into account and the burden of showing misconduct falls on the employer's explanation, not yours. EDD makes the final call after the interview.

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Good clarification. EDD decides after hearing from both sides, and both sides give their account separately, usually through the phone interview and employer response. It's not an adversarial hearing, just an information gathering process at that stage.

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Right, it's not a courtroom. The interview is EDD trying to understand what happened so it can make a fair decision. Most people find it pretty straightforward if they just explain what actually happened.

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Logistics job I was let go from last spring, employer claimed I violated a safety policy, but the same policy had been ignored by management for months. Claimyr got me through to an EDD agent after I'd been trying the phone line for days. The agent confirmed a phone interview was on my account and also told me which weeks were showing as pending in my Claim History. After the interview EDD sent my payments for the pending weeks within a few days.

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That's encouraging to hear it resolved that quickly after the interview. I keep checking my Claim History and not seeing much yet.

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Pending in Claim History is normal before the interview happens. Once EDD makes its decision the pending weeks get processed if you've certified them. Keep certifying no matter what.

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Can you file unemployment if you were only at the job for like 6 months? Someone told me you had to work for a year minimum to qualify.

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The year minimum isn't accurate. What matters is how much you earned during your base period, which covers roughly 12 to 18 months before your claim, depending on which quarter it starts. You need at least $1,300 in one quarter of that period, or $900 in your highest quarter with your total base period wages being at least 1.25 times that. How long you worked at any single job doesn't have a minimum by itself.

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Oh interesting, so it's about the earnings amount not the length of employment? That changes things.

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Exactly. EDD's site has an Unemployment Benefit Calculator where you can punch in your quarterly earnings and get an estimate. Worth checking before you assume you don't qualify.

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Went through a fired claim last fall and the whole process took about three weeks from application to first payment once everything was sorted out after the phone interview. That tracks with what EDD says about processing taking around three weeks on a new claim. Just wanted to put a concrete timeline out there for people who are anxious about how long this takes.

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Three weeks is doable. I was imagining months. That's a relief.

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The interview was what added most of the time for me since there was a question about the firing. Straightforward layoffs can go faster. But three weeks is a reasonable ballpark for fired situations where EDD needs to do the full interview and review.

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Freight forwarding job termination took me about the same, right around three weeks after the interview before the pending weeks cleared. Certify on schedule and don't skip any weeks even if things look quiet.

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Finance job layoff last year, really different from a firing situation, but I ended up needing to call EDD anyway because my identity verification through ID.me got stuck. Used Claimyr to reach an agent and she confirmed EDD had received my ID.me submission but that it was still being reviewed. She also told me which weeks were sitting in Pending status and that they'd release once the identity piece cleared. That was three weeks of wondering resolved in one phone call.

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ID.me is something I haven't done yet actually. Is that required right away?

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EDD asks you to verify identity through ID.me, you create an account, take photos, and let ID.me share the info with EDD. If EDD can't verify you automatically you might get a letter called the DE 1326C asking you to do it. Better to get it done early.

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The DE 1326C is the Request for Identity Verification. If you get one, follow the instructions on it promptly. Pending weeks related to identity don't move until that's resolved.

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