If you are fired for cause can you collect unemployment in California EDD?

Thank you this is genuinely the first clear explanation I've found. So EDD will actually interview me separately from whatever my employer tells them?

Yes exactly. EDD will send a questionnaire or call you to get your account of events. They want both sides before deciding. Just be factual and thorough when you respond - don't downplay anything but also make sure you explain any mitigating circumstances like the childcare issue.

I went through almost the exact same thing two years ago. Got fired for attendance, employer said misconduct, EDD sided with me because I had a documented medical reason and they only gave me one verbal warning. The key is responding to EDDs fact-finding contact quickly and completely.

That's a really common myth. When your employer contests, it just means EDD has to do a full investigation before deciding - it doesn't mean you automatically lose. The employer has to actually prove misconduct by EDD's definition, not just by their own company policy.

yeah my employer fought my claim and I still got approved lol. they said i violated company policy and edd basically said that alone wasnt enough

oh wow ok good to know i wish someone had told me this earlier

Keeping copies of everything - yes, that's a great point. I don't have anything in writing from my employer which might actually work in my favor here.

seconding the keep everything in writing advice. i learned the hard way that verbal stuff is really hard to reference later when you're trying to explain your situation to edd

That Claimyr thing actually looks legit, I've been struggling to reach EDD for a week about a separate issue. Going to check out that video

This is honestly what I needed to hear. My first instinct was not to bother filing because I assumed it was hopeless.

preach. my old roommate didn't file after getting fired and later found out she probably would have qualified. such a waste

Exactly. The worst EDD can say is no and then you appeal. But if you never file you definitely get nothing.

100% this. The misconduct bar in California is actually set pretty high deliberately. Legislature intended unemployment to be available to most workers who lose jobs involuntarily even if the employer had a reason for the firing.

Good question. Things that generally DO qualify as disqualifying misconduct under California law: theft from employer, intentional falsification of records or timecards, physical violence at work, deliberately ignoring direct safety instructions, insubordination that's willful and repeated. Basically has to be something where you knew the rule, knew violating it was wrong, and did it anyway with disregard for consequences. Attendance issues, performance problems, honest mistakes, or issues stemming from circumstances outside your control usually don't clear that bar.

ok so like accidentally breaking something or just being bad at your job isn't misconduct

Right. Poor performance and misconduct are legally distinct. EDD has said many times that mere inefficiency, inability to do the job, or good-faith errors in judgment don't equal misconduct. It has to be willful.

This is so encouraging, thank you for sharing. Did the process take a long time overall?

From filing to getting the first payment was about 5 weeks for me including the fact-finding. It felt like forever but it worked out. Just respond to everything EDD sends you quickly and completely.

5 weeks sounds about right for a contested claim. Mine took 6 weeks. The waiting is brutal but worth it if you get approved.

It absolutely matters. Mitigating circumstances are a huge part of the misconduct analysis. If someone is late because of a genuine emergency, childcare crisis, medical situation, or other factor outside their control, that weighs strongly against a misconduct finding. It goes to the 'willful' element - if you had no choice, it's hard to argue you were willfully disregarding your employer's interests.

ok that makes sense. my sister is dealing with this now and her absences were because of her kid being sick repeatedly. sounds like she should file then

She definitely should file. Childcare and child illness situations are frequently cited as mitigating circumstances in EDD determinations. Encourage her to document everything she can remember - dates, reasons, who she notified.

Oh wow I did NOT know this, thank you. I'll start certifying this week.

Yes do it immediately. You can certify on UI Online or by phone. Even if your claim shows as pending just certify normally - the payments just hold until the determination is made and then they should release for all the weeks you certified.

this is really important info, i didnt know this when i filed my first claim and lost like 3 weeks of benefits

Yes. When EDD does the fact-finding, give your account in as much detail as possible. If you have any evidence - emails, texts, written policies, your own notes, statements from coworkers - submit them. EDD is supposed to weigh all evidence and make a credibility determination. If the employer's story has inconsistencies or lacks documentation, that matters. And if you get disqualified and believe the employer misrepresented facts, you can appeal and present more evidence at a hearing in front of an Administrative Law Judge.

Ok good to know the appeal hearing exists. Is that like a real court situation?

It's an administrative hearing, not a court per se, but it's formal - there's a judge, you and your employer both present your case, witnesses can testify, evidence is reviewed. Many people represent themselves and do fine as long as they're organized and factual.

If you have trouble reaching EDD to get information about your specific case during this process, claimyr.com was genuinely helpful for me. Getting an actual agent who can look at your file and tell you what's been submitted and what's pending is so much better than just staring at a portal status message. The video at https://youtu.be/JmuwXR7HA10 explains it well.

When you file a claim, EDD sends a notice to your last employer asking for their account of the separation - reason for termination, documentation, etc. The employer has a deadline to respond. Then EDD notifies you that there's a potential issue with your claim and sends you the fact-finding questionnaire or schedules a phone interview. Both sides get to tell their story before any determination is made.

ok so it's not like the employer can just shut it down on their end? edd still does its own thing?

Correct. EDD runs the process, not the employer. The employer is just one source of information. They can contest but they can't unilaterally deny your claim.

That's really good to know going in. So there are multiple layers if the first answer is no.

Yes - initial determination, then appeal to Appeals Board, and beyond that you can even petition the CUIAB Board of Appeals for further review. Most people don't need to go past the first appeal but the options exist.

Won my appeal too. The Administrative Law Judge hearing was actually pretty fair and the judge asked detailed questions rather than just accepting the employer's written statement at face value.

Technically you can file anytime but waiting costs you money. Your claim effective date is the Sunday of the week you file, not the day you were fired. So every week you wait is a week of potential benefits you can't recover. File as soon as possible after separation - like same day or next day if you can.

oh man ok yeah filing right away makes sense then. i waited 3 weeks when i got laid off once and definitely lost some weeks because of it

Yeah the 'benefit year' starts from your filing date essentially. No reason to wait even if you're not sure you'll be approved - you can always stop filing weekly certifications if you get a new job.

This is incredibly useful, I'm going to go back through my phone and try to reconstruct dates and notifications as specifically as I can.

Good instinct. Check your text messages, emails, call logs - anything that timestamps communication with your employer about those days. Even a text from your daycare provider showing what time they contacted you could be useful context.

This is exactly what won my case I think. I had texts to my supervisor saying 'running late, car issues, here by 10' with timestamps. It showed I wasn't just no-call no-showing.

Mine took about 3 weeks from submitting my fact-finding response to getting the letter. But I've heard of it taking 6-8 weeks for more complicated situations or when there's a lot of back and forth.

Mine was 5 weeks. I think it depends on how backed up the specific EDD office processing your claim is and how quickly your employer responds to their side of the questionnaire.

If you're getting anxious waiting and want to check on where things stand, I'd recommend trying claimyr.com to get an actual EDD agent on the phone. They can tell you whether your employer has responded yet, whether the fact-finding is complete, what stage the determination is in - way more useful than the portal which just says 'pending.' There's a walkthrough video at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it.

Not responding is very bad. EDD will typically make the determination based only on the employer's account, which obviously isn't going to be in your favor. Always respond to every EDD contact, and respond by the deadline they give you. If you miss the deadline, call EDD immediately and explain why.

ok that's terrifying, good to know. what if you never got the questionnaire in the mail? could it have gone to a wrong address?

Yes, this happens. Check your UI Online message center because EDD sends notices electronically there too. If you think you missed something, call EDD as soon as possible and ask them to resend. Don't just hope it resolves itself.

This makes me feel a bit better honestly. I kept thinking the lack of written warnings was just a personal complaint but it sounds like it actually matters legally.

It really does. California case law on unemployment misconduct is actually pretty developed on this point. Employers who just verbally warn and then fire without any paper trail often have trouble establishing misconduct to EDD's satisfaction.

Agreed. The progressive discipline documentation expectation is real. Courts and the CUIAB have consistently held that sporadic oral warnings alone are insufficient to establish that an employee had clear notice their continued employment was conditioned on improved behavior.

Thank you, I really appreciate this community. I came in here panicking and I feel so much more prepared now.

That's what it's for. Good luck - your situation honestly sounds like one where EDD's misconduct standard won't be met. Childcare issues, single verbal warning, no written discipline. Update us when you hear back.

I will for sure update. Starting to document the timeline tonight and will certify my first week tomorrow.

Absolutely, I have no reason to be anything other than honest. The situation is what it is and it sounds like the actual facts are in my favor anyway.

Exactly. And honestly if EDD does find misconduct, the appeal is where documented honesty really helps. A judge who sees your account has been consistent from the beginning is going to view you much more favorably.

Industry can matter in specific contexts - for example, healthcare workers have stricter conduct standards around patient safety, licensed professionals may have different expectations, and there are some industries with specific regulations. But for basic attendance misconduct questions, the general EDD misconduct standard applies pretty uniformly. The 'willful disregard' test doesn't change based on industry for most routine termination situations.

ok good, I was worried there might be some separate rules I didn't know about

The one industry caveat I'd mention is if you're in a safety-sensitive role like transportation or certain construction jobs, safety violations tend to get treated more seriously in misconduct determinations than they would in an office setting. But standard attendance stuff is pretty consistent across industries.

20 days, got it. I'll set a calendar reminder the moment any letter arrives.

Smart. And read the letter carefully because it explains exactly which specific reason they used for any disqualification, which tells you exactly what to argue in your appeal.

Also make sure your mailing address in UI Online is current because EDD sends the determination letter by mail and if it goes to an old address you might not find out until your 20 days are almost up