If you are terminated are you eligible for unemployment in California?

That's really helpful. So performance-based terminations might still let me collect? My employer is definitely going to say I wasn't meeting targets but I never intentionally slacked off or anything.

This is correct. I was terminated for 'performance reasons' two years ago and still received my benefits. California EDD asked me to fill out a questionnaire explaining my side, my former employer responded, and then EDD made a decision. Took about 3 weeks but I was approved.

yeah same happened to my cousin, fired for performance and still got UI. definitely file dont assume youre disqualified

Okay I'll file today. Do I need to have my final paycheck already or can I file before I receive it?

You can absolutely file before receiving your final paycheck. Your last pay stubs or your W-2 can help you estimate earnings if needed, but you don't need to wait for anything from your former employer before submitting your initial claim.

also make sure you certify every two weeks once your claim is open even while its pending! i made the mistake of not certifying thinking id just wait till it was approved and lost like 3 weeks of payments

Five weeks in adjudication sounds awful. Did EDD ask you to submit additional documents or did they just eventually make a decision on their own?

I've heard Claimyr mentioned a few times on here. Does it actually work or is it one of those things that sounds too good to be true?

It definitely worked for me. I was connected to an actual EDD rep who looked at my claim file and told me exactly what stage it was in and what I needed to submit. Saved me from just sitting around anxiously refreshing UI Online.

gonna look into this. been trying to reach EDD for two days straight and cant get through to anyone

This breakdown is super clear, thank you. I genuinely was trying my hardest - the targets they set just weren't realistic for the staffing we had. I have emails I sent to management about it too.

Save ALL of those emails. Documentation of you raising concerns about unrealistic expectations to management is extremely valuable if this goes to adjudication or even an appeal. Print them out and keep them somewhere safe.

also screenshot everything on your work computer or work accounts BEFORE you lose access. once they cut off your login that stuff is gone

Yes, they're treated very differently. Voluntary quits have a much higher bar to clear for benefits - you generally need to show you had 'good cause' for quitting, which usually means the employer made working conditions intolerable, cut your pay significantly, or forced unsafe conditions. Simply not liking your job or finding a better opportunity usually won't qualify. Being terminated (involuntarily separated) is easier to qualify from UNLESS it was for misconduct. Your roommate should file but understand she'll likely face more scrutiny.

oh wow ok that makes more sense. she said she quit because of a toxic manager but idk if that counts as good cause

A toxic manager CAN qualify as good cause if it rose to the level of harassment, hostile work environment, or created conditions that a reasonable person couldn't tolerate. She should file and explain it thoroughly. EDD will investigate. Worst case she gets denied and can appeal.

6 weeks of 'pending' with no updates sounds absolutely miserable. Did EDD ever explain why it took that long?

The agent I spoke with said my former employer took almost the full allotted time to respond to EDD's inquiry and that caused most of the delay. There's not much you can do about that except make sure your own side is documented well and submitted quickly.

this is making me nervous about my own claim lol. i filed 10 days ago and already feeling impatient

10 days is nothing - most adjudicated claims take 3-8 weeks. Just keep certifying your weekly claims on time and make sure your mailing address and contact info in UI Online are correct so you don't miss any EDD communications.

That's a fair point and I don't want to overpromise. EDD doesn't always side with the claimant, and some cases do get denied even on appeals. What matters a lot is documentation and how well each side presents their case. If your brother's employer had written documentation of rule violations and your brother didn't have records showing his side, EDD's decision makes more sense even if it feels unfair. It's not automatic approval just because you were terminated.

Yeah he didn't keep any documentation at all. Didn't even have copies of his final performance reviews. Kind of wish he'd known to gather all that before losing access to his work systems.

This is exactly why documenting everything before you lose building/system access is so important. Performance reviews, emails, text messages from supervisors - all of it can support your case in adjudication or at an appeal hearing.

Adjudication basically means EDD has identified something about your claim that needs further review before they can approve or deny it. In termination cases, it almost always means your former employer indicated you were separated for reasons other than lack of work. Here's the general process: EDD sends questionnaires to both you and your employer asking for your respective accounts of what happened. Both sides have a deadline to respond. An EDD analyst then reviews both responses along with any documentation submitted and makes an eligibility determination. You should receive an EDD Notice of Determination in the mail. If denied, you have 30 days to appeal.

ok so i should be getting a questionnaire? i havent gotten anything yet and its been 10 days since i filed

Check your UI Online messages AND your physical mail. EDD sends communication both ways and sometimes one gets missed. If you haven't received anything after 2 weeks, that would be a reason to try to reach EDD directly to confirm they have your correct contact info.

I got my questionnaire by mail about 8 days after filing. Check your spam email too if you have an email on file with EDD because sometimes their emails get filtered.

No, your industry and job title don't affect eligibility. A VP getting fired has the same eligibility analysis as an entry-level worker. What matters is the nature of the separation - was it the employer's decision, and if so was it for misconduct? California EDD applies the same standards regardless of job level.

ok good to know. asking because my husband is a department manager who just got let go and we werent sure if being in a management role somehow changed things

managers and execs file for UI all the time, totally normal. if anything having a higher salary might mean higher weekly benefit amount up to the max

$450 max per week is lower than I expected honestly. Do you know if there are any additional programs that supplement that or is $450 really the cap?

$450 is the current maximum weekly benefit amount. There aren't currently any federal supplement programs active the way there were during the pandemic. Some people in certain qualifying situations can get state disability to stack but for most regular UI claimants $450/week is the ceiling.

just to add - even if $450 is the max, a lot of people with moderate to lower incomes will get less than that. your actual amount depends on your highest earning quarter in the base period. EDD calculates it automatically when you file so you'll see your estimated WBA in your claim info.

Your friend is wrong about that. California EDD does allow you to work part-time while collecting benefits - it's called partial unemployment. You still have to report ALL earnings for any week you work when you certify. EDD will reduce your benefit payment for that week based on what you earned. You won't be penalized for working part time as long as you accurately report your earnings. In fact, EDD encourages you to accept any work you can find.

oh wow ok that's really good to know. so you report the gross earnings for the week right not net?

Correct - always report gross earnings (before taxes) for the week in which you WORKED, not the week you were paid. Reporting net or reporting by pay date rather than work date are two common mistakes that can cause overpayment issues later.

This is exactly the situation where I'd recommend trying Claimyr - you can check it out at claimyr.com and there's a demo video at https://youtu.be/JmuwXR7HA10 that explains it. When I had a similar situation of being stuck in adjudication with zero communication from EDD I used it to actually get a live agent on the phone within a reasonable timeframe. Not saying it fixes EDD being dysfunctional but it at least gets you to a human who can look at your actual file.

I did eventually win my appeal but it took 4 months and massive stress. The whole time I kept thinking if I could have just talked to someone at EDD early on they might have caught the error and fixed it without a full appeals process. Better late than never I guess.

4 months is terrifying. I really hope my situation doesn't drag on that long. This thread is making me realize I need to stay very proactive and document absolutely everything from day one.

This is really practical advice. I was wondering how specific to be when filling out the initial application. Should I go into the full story of the performance issues or just state the basic facts?

For the initial application, keep it factual and brief - 'I was terminated by my employer on [date]. My employer stated the reason was performance.' Don't over-explain or speculate. Save your full detailed account for when EDD sends you the adjudication questionnaire where there's actually space and context to explain your side thoroughly.

Seconding this. The initial claim form isn't the place to litigate your case. Answer what's asked accurately and completely but concisely. The questionnaire is where you make your real argument.

File today without hesitation. Even in the worst case where you get denied, you can appeal. You literally have nothing to lose by filing and potentially weeks of benefits to gain. Good luck.

thank you. my biggest fear is that my former manager is going to say horrible things about me to EDD and I won't get to defend myself

EDD absolutely gives you a chance to tell your side. That's what the adjudication questionnaire is for. Whatever your former employer says, you'll have an opportunity to provide your account and supporting documentation. The process is designed to hear both sides before making a decision.

Is the ALJ hearing in person or is it done by phone?

Most California EDD appeal hearings are conducted by phone now. You'll get a notice with the scheduled date and time and a number to call in. Make sure you're somewhere quiet with good reception and have all your documents in front of you when you call in.

My brother's appeal hearing was also by phone. He said the judge was pretty fair and actually pushed back on some things the employer's rep said. He just wasn't prepared with his own documentation which hurt him.

30 days goes fast though right? especially if youre dealing with financial stress and trying to find a new job at the same time. is there any way to get an extension on the appeal deadline

This is really encouraging to read. Thank you for coming back to share. I filed this morning and am trying to stay calm about the process.

Good! The waiting is the hardest part honestly. Just make sure you certify on time every two weeks no matter what - even if your claim is pending or in adjudication you need to keep certifying or you'll miss payments.

i just submitted mine too! the application took about 30 minutes. going to set a reminder for my certification dates right now

EDD does share information between parties during adjudication in some ways, but the questionnaire process isn't like a deposition where every word you wrote is sent verbatim to your employer. The analyst reviews both accounts and makes a determination. That said, if your case goes to an appeal hearing, documents and statements become more formally part of the record. Don't let concern about what your employer sees stop you from being honest and thorough in your questionnaire response.

ok that's reassuring. i have a legitimate retaliation story to tell and i want to include it but was nervous about it being weaponized somehow

Include it. Retaliation as a context for your termination is absolutely relevant information for EDD. Just keep it factual rather than emotional - describe what happened, when, who was involved, and how it led to your termination. Facts beat feelings in adjudication.

The EDD phone situation is genuinely terrible and has been for years. When I had my termination claim last year and needed to actually speak to someone I used Claimyr (claimyr.com) to get through. There's a video at https://youtu.be/JmuwXR7HA10 that shows the process. I know it feels like you shouldn't have to use a third party service just to reach a government agency but EDD's phone system is just broken and this actually works.

honestly at this point i'll try anything. what's your one question - maybe someone here can just answer it and save you the trouble

lol that's actually a good point, sometimes the forum is faster than EDD themselves

fair lol. i want to know if my certification for last week went through because UI Online is showing some kind of error but i don't know if it actually processed or not

Saving this summary. This is the clearest breakdown of the whole process I've found anywhere. Thank you to everyone in this thread - I went from complete panic this morning to actually feeling like I understand what I'm dealing with.

Great summary. The only thing I'd add is to make sure your contact info in UI Online is current and accurate so you don't miss any notices from EDD - missing a questionnaire deadline or a Notice of Determination can really complicate things.

pinning this whole thread to my brain honestly. so much useful info here