If you fire an employee can they collect unemployment? California EDD explained

Ten days from the date on the letter, not from when I received it — that's really important, thank you. Mine is dated last week so I need to move fast.

What happens if the employer responds but the employee has a totally different story? Does EDD do a hearing or something?

EDD usually does a phone interview with both sides separately when there's a dispute about why someone stopped working. They look at both accounts and then decide. If either side disagrees with the decision, there's a 30-day window to appeal.

So from the employee's side — did it feel like EDD actually listened to both versions of events, or did you feel like they already had their mind made up?

Honestly it felt pretty fair. The interviewer asked specific questions about my attendance and what my manager had told me. I answered everything honestly and my benefits came through. I don't know what my employer said but I assume they responded.

Pending weeks during a termination investigation is so stressful. Glad yours got resolved.

I have three written warnings with dates, one final written warning, and a termination letter. Is that typically enough documentation to present to EDD?

That's solid documentation. Put it all in your response to the DE 1101CZ. EDD will interview your former employee too, so just make sure everything you submit matches your actual records.

my old boss fired me and said it was misconduct but EDD didn't agree, I got approved. so the employer saying misconduct doesn't automatically mean denied

So even if I documented everything, I might still lose the appeal — er, the determination? EDD makes the final call regardless of what I submit?

Exactly. You submit your side, they interview the former employee, and they make a determination. If you disagree with the result you can appeal within 30 days of the date on the notice they mail you.

I've seen employers surprised by EDD finding no misconduct even with warnings. It's worth submitting everything you have but mentally prepare for either outcome.

Were you laid off or technically fired? I'm wondering if the reason code matters or if it's all just about the interview.

Laid off due to position elimination. That's different from your situation where the person was let go for behavior. For a layoff there's no question about misconduct, benefits just go through. For a firing EDD actually investigates the reason.

yeah layoff vs fired is a totally different process, good clarification

I definitely won't be ignoring it. I had no idea this was coming so I was just sitting on the letter but now I know I need to act fast.

Also worth knowing — if EDD decides your former employee qualifies, it doesn't necessarily mean a giant bill lands on you immediately. Benefits paid affect your reserve account over time and show up on a DE 1545 notice, which you can respond to if you think something is wrong.

wait employers actually get charged per claim? I thought it was just like a general pool of taxes

ok that makes way more sense, so it's not like $400 appears on your invoice next month but it still costs you over time

That's honestly fine if it comes to that. I just want to make sure I followed the right process and submitted my side properly.

You're doing the right thing by responding. Employers who engage with the process at least have a record of their position, even if the determination doesn't go their way.

Knowing EDD goes through it date by date actually makes me more confident. I have specific dates for every incident so I can walk through it clearly.

That specificity really helps. The more concrete the information from both sides the clearer the picture EDD has.

I do have an employee handbook with our attendance policy spelled out. Should I include a copy of the relevant page when I respond to EDD?

Yes, attach it. EDD reviewers want to see that the policy existed, was communicated to the employee, and that the employee violated it knowingly. All three of those things help your case.

The handbook piece is important — if you can show they signed an acknowledgment when hired that they received it, even better.

If EDD decides she qualifies and I disagree, is it worth appealing or is it usually a lost cause for employers at that level?

Can't really predict that without knowing the specifics. What I'd say is the hearing gives both sides a chance to present evidence and testimony to a judge, so if you have strong documentation it's not a hopeless situation.

appeals through CUIAB are legit hearings, not just paperwork. a judge actually listens to both sides under oath

yeah the automatic denial assumption trips so many people up, glad your cousin applied

He almost didn't because he was convinced it was pointless. Turns out the employer didn't even respond to EDD's notice so there was no dispute on record.

Two to three weeks after the interview for a determination letter is pretty common, especially if EDD also had to interview your former employer. Keep certifying every two weeks so those weeks stay on record.

Still certifying, yes — doing it through UI Online. Just wasn't sure if three weeks meant something was wrong or if I just had to wait.

Pending in Claim History just means EDD hasn't issued the determination yet. It doesn't tell you which way it's going to go, it just means the decision is still open.

This needs to be said more. So many people self-select out of applying when they might actually qualify.

Exactly. The worst that happens is EDD sends a Notice of Determination saying you don't qualify and you can appeal that too if you think they got it wrong.

From the employer side I'll say — please do apply if you've been fired. I want EDD to have the full picture, not just the employee not filing because they assumed they'd be denied.

That's actually reassuring to hear. Even if the outcome isn't what I want, knowing the process is real and fair makes it easier to accept.

For what it's worth, having been through the whole thing — respond, document, appeal if you need to — the process works the way it's supposed to, even when it doesn't go your way.

This is real. My former employer apparently missed their interview window and I never had to answer a single question. Benefits came through pretty quickly after that.

Not saying employers should try to miss it on purpose or anything — just that the timing matters and you can't just reschedule casually. EDD needs at least one day's notice and they can only give you an open time slot, not whatever you request.

So the fact that she signed an acknowledgment page in our employee handbook when she was hired is actually a meaningful piece of documentation?

Very meaningful. It shows the policy was known to her before she violated it. That's exactly the kind of thing that separates a misconduct finding from a 'just didn't work out' finding.

Bring that signature page when and if you ever get to a CUIAB hearing too. Judges treat it as evidence that the employee had notice.

The DE 4800 sitting unopened — been there. Glad you found out before the interview time passed.

Would have missed the whole thing. Interview's next week so I'm pulling together everything I need.

I get it from both sides. As an employer I want the system to hold employees accountable for genuine misconduct. As a human being I understand nobody should be left totally without income over a disagreement.

EDD's approach tries to thread that needle. Genuine willful misconduct — denied. Underperformance, personality conflicts, honest mistakes — usually approved. It's not perfect but the logic makes sense.

took me two rounds of this to understand it but yeah that's basically right. EDD isn't your boss's ally or your ally, they're just trying to apply the rule

My cousin had no idea about the 1099G and was really caught off guard at tax time. Good thing to flag early.

It's in UI Online under Payments once you're set up — Form 1099G is accessible there. Worth knowing before January.

CalJOBS registration is separate from the adjudication on your termination. Keep up with it regardless of where the misconduct decision lands — if EDD approves you, you don't want to have a CalJOBS problem on top of it.

Already registered, just getting the resume uploaded today. Keeping every deadline now.

Smart approach. The two processes really are independent and missing one doesn't pause the other — it just creates a second problem.

That reframe helps a lot. I was treating it like a legal summons when really it's just a request for information at this point.

Exactly. The legal part comes later if either side appeals. Right now it's just documentation and testimony. Keep it factual and specific.

The specificity thing really is key. 'She had a bad attitude' gets you nowhere. 'She was absent without notice on these four dates, received written warning on these three dates, and was terminated on this date per this policy' is what EDD is looking for.

The 15-day window on the DE 1545 is easy to miss because the notice doesn't scream 'respond now' the way some others do. Good reminder.

Lesson learned. Now I read every EDD letter the day it arrives and calendar the response deadline before I put it down.

claimyr.com helped me get an EDD agent on the phone when I had a question about a DE 1545 charge I didn't recognize — agent confirmed the charge was tied to my former employee's approved claim and explained what my options were at that point. Ended up not disputing it since the timeline checked out.