If you are fired can you get unemployment in California EDD?

This is super helpful thank you. So even though my termination paperwork says 'terminated for cause' I should still file? I'm worried that phrase will automatically get me denied.

Yes, file immediately regardless of what the paperwork says. 'Terminated for cause' is an employer term, not an EDD determination. The EDD will contact your former employer separately and make their own determination about whether what happened qualifies as disqualifying misconduct. You have nothing to lose by filing.

This is correct. The burden of proof actually falls on the employer to prove misconduct, not on you to prove you didn't commit it. File your claim and let the process play out.

Oh wow okay. So there might be an adjudication period? How long does that usually take?

In my experience it was about 3 weeks before I got a determination. During that time I kept filing my weekly certifications every week even though nothing was showing as approved yet. Make sure you do that otherwise you lose those weeks of benefits even if you win.

Same happened with my claim. Filed weekly certs the whole time during adjudication and got all the back weeks paid out once approved. Do NOT skip your weekly certifications!!

I've been trying to call EDD all morning and keep getting the 'high call volume' message and getting hung up on. I'll check that out thanks.

Seconding Claimyr. I used it when my claim got stuck and couldn't figure out why. Being able to actually talk to someone made a huge difference in understanding what was happening with my case.

does that actually work? seems too good to be true ngl

It worked for me. I was skeptical too but after two weeks of failed calls I was desperate. Got through to an agent within a reasonable wait and she was actually helpful.

What if my employer has like documentation of performance warnings? Does that count against me?

warnings alone dont prove misconduct. they might show there were issues but edd still has to determine if YOUR actions were willful and intentional or just like... you werent performing well enough. those are different things legally

This is accurate. Performance improvement plans and written warnings can be submitted by employers but they don't automatically tip the scales. The EDD adjudicator reviews everything holistically.

Quitting is actually harder to get approved for than being fired. If you quit you generally need to show 'good cause' for leaving, which is a higher bar. Things like unsafe working conditions, significant reduction in pay, or being constructively discharged might qualify. Just quitting because you wanted to is usually disqualifying.

oh ok that makes sense. so being fired is actually better for unemployment purposes than quitting? thats kind of wild

In most cases yes, being terminated (especially for non-misconduct reasons) gives you a better path to getting approved than a voluntary quit.

Thank you for saying this. I feel so much better about filing now. Do I need anything special to start the claim?

You'll need your Social Security number, last employer's name and address, your start and end dates of employment, your reason for separation (just say terminated/discharged, they'll ask follow up questions), and your wage history. EDD can usually pull wage records from your employer's payroll tax filings but having your last few pay stubs handy doesn't hurt.

Also have your bank account info ready if you want direct deposit instead of a debit card. Direct deposit is faster once payments start coming through.

Good advice. What if my employer and I have different accounts of what happened? Like they might characterize it differently than I would.

That's exactly what the adjudication process is for. You'll each tell your side and an EDD adjudicator weighs both accounts. Having any texts, emails, or documentation from around the time of your termination can support your version of events.

Yes save any texts or emails from your supervisor that might show the context. Don't delete anything work related right now.

This is reassuring to hear. Did you have to do anything during the adjudication period besides the weekly certs?

they sent me a form asking for my side of the story. fill that out super thoroughly with as much detail as you can. i wrote like 2 pages explaining everything and i think it helped

same experience here. the written statement they ask you to provide is really your chance to make your case so don't rush through it

This is incredibly helpful. I'm starting to feel confident I should qualify. I genuinely was just struggling with the workload and my supervisor and I weren't on the same page about expectations.

That sounds like exactly the kind of termination that gets approved. Lack of ability or skills is explicitly NOT misconduct under California law. Go file today.

Wow I didn't know there was like an actual legal definition. Makes the whole thing seem less arbitrary.

Yes the appeals process is very real and claimants win reversals regularly. If you get denied you have 30 days to file an appeal with the California Unemployment Insurance Appeals Board. At the hearing you can present evidence and have witnesses. Many people who are denied initially do win on appeal.

yeah she said the appeal hearing was actually pretty low key. like not as scary as she thought it would be. just explain your situation clearly

Oh I didn't realize I had to do job search activities even during adjudication. What counts as a job search activity?

Submitting a job application, attending a job fair, doing an interview, creating or updating a resume on a job site like Indeed or LinkedIn, attending an employment workshop. Applying to actual jobs is the most straightforward one. Keep a record with dates, company names, positions, and how you applied.

CalJOBS registration might also be required depending on your claim. You'll get notified if that applies to you. Just follow whatever instructions come through your UI Online account.

The waiting is honestly the hardest part. Set up email notifications in your UI Online account if you haven't already so you know right away when there's a status change.

good tip i didn't know you could do that. just turned on notifications. thanks

Also check your UI Online messages inbox regularly, not just email. EDD sends official communications there and some don't trigger email alerts.

I've been struggling so hard with the phone lines. Going to try this. Did the agent actually know what was going on with your claim specifically?

Yes the agent pulled up my claim right there on the call and could tell me exactly what stage it was in and what was needed. That information alone was worth it.

Bookmarking this for if I get stuck too. Having a real person explain things sounds so much better than trying to decode the website

Wait they might call me without much notice for an interview? That's a little nerve wracking. Do I have to answer if I'm not prepared?

You can ask to reschedule but it's better to answer if you can. They usually leave a voicemail with a callback number if you miss it. Just make sure your phone is accessible and your voicemail is set up and not full.

The adjudication interview is your opportunity to tell your side clearly. Most are fairly brief - maybe 15 to 20 minutes. Just stick to facts about your employment and separation, don't editorialize or speculate about your employer's motives.

This misconception is incredibly widespread. The fact that you're now learning the accurate information and can correct it going forward is what matters.

yeah going to tell everyone I know. this is genuinely important info

Yeah I was actually wondering about this. I didn't want to put fired because of the stigma but you're right, lying to EDD seems way worse.

the questions will ask for your perspective on events anyway so they understand there are two sides. just pick the most accurate option

Agreed. And selecting discharged/fired actually routes your claim to the appropriate process. Selecting the wrong option can cause delays and confusion when EDD starts verifying information.

Probationary period terminations are evaluated the same way - it comes down to misconduct or not. However, you also need to meet minimum earnings thresholds to establish a valid claim. If you only worked 6 weeks you may not have earned enough wages in your base period to qualify. Check the California EDD website for the minimum earnings requirement - currently you need to have earned enough in your base period which is typically the first four of the last five completed calendar quarters.

Oh I didn't even think about the earnings requirement. I'll check if I made enough. Thanks for explaining.

File right now! That's what this thread convinced me to do too. The week you file is week one of your benefit year so every day matters.

just submitted my initial claim on UI Online. that was way less complicated than i expected honestly. now i wait i guess

Good move. Now set up your UI Online account notifications, keep filing your weekly certifications every week starting from your first week of unemployment, and document your job search activities. You've got this.

Oh that's good to know so I'm not freaking out thinking something is wrong. Does that waiting week still require me to file a weekly cert?

Yes, you still certify for it, it just doesn't result in a payment. It's a required part of the process.

This caught me off guard too. Thought my claim was messed up when I saw the no payment for week 1. Totally normal.

same lol panicked for nothing

This is really encouraging. I'm going to file now and if I get denied I know I have options. Thank you for sharing this.

Absolutely. Also - at the appeal stage you can actually have a representative help you. Legal aid organizations sometimes assist with unemployment appeals for free if you qualify income-wise.

Good point on representation. Bay Area Legal Aid, Bet Tzedek, and other legal nonprofits have helped people navigate unemployment appeals at no cost. Worth looking into if your appeal involves complex employer documentation.

Excellent! You did everything right. Keep certifying every week no matter what, keep that job search log current, and don't ignore any mail or UI Online messages from EDD. Good luck - sounds like you have a solid case.

Rooting for you! Performance based terminations get approved all the time. Keep us updated.

If you ever get stuck waiting or can't get info from EDD remember claimyr.com helped a lot of people in this thread get actual answers from live agents. Hopefully you won't need it but good to have in your back pocket. The demo at https://youtu.be/JmuwXR7HA10 shows exactly how it works.

Thanks everyone. Feeling a lot calmer about my situation than I was 24 hours ago. This thread should be required reading for anyone who just got fired.