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Yuki Kobayashi

If you get fired can you apply for unemployment with California EDD?

So I got let go from my job last week and I'm honestly not sure where I even start with this whole process. I was fired — not laid off, actually fired — and everyone keeps telling me different things about whether I can even qualify. My manager said something about 'misconduct' being on my record but honestly the whole situation was way overblown. I showed up late a handful of times over like 8 months and they finally let me go, said it violated attendance policy. I've never filed for unemployment before so I have no clue how any of this works. Can you even apply for California EDD unemployment if you get fired? Or is that only for people who get laid off? I keep seeing stuff online that confuses me even more. Some sites say you're automatically disqualified if fired, other sites say it depends on the circumstances. I just need someone who's actually been through this to explain it to me in plain english because I have bills due in like 2 weeks and I'm spiraling a little bit.

Yes you can absolutely apply even if you were fired. A lot of people don't realize this. California EDD doesn't automatically disqualify you just because your employer fired you — what matters is WHY you were fired. The key thing California EDD looks at is whether you were fired for 'misconduct' as legally defined under California unemployment law, which is actually a pretty specific and narrow definition. Things like being late occasionally, making honest mistakes, or having a personality conflict with your manager generally do NOT meet the legal definition of misconduct. You need to file your claim right away at UI Online on the California EDD website. Don't wait. Your benefit year starts from when you file, not when you were fired. Let California EDD investigate and make the determination — you might be surprised by the outcome.

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Okay this actually makes me feel a lot better. So even though my employer called it a policy violation, California EDD decides independently whether it counts as misconduct? They don't just take my employer's word for it?

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Exactly right. Your employer will submit their side of the story and you'll get to submit yours. California EDD makes an independent determination. The burden is actually somewhat on the employer to prove misconduct under California law, not just 'we had a rule and they broke it.

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This is good info. I went through something similar — fired for attendance — and ended up getting approved after California EDD reviewed everything. Definitely file asap.

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The distinction that matters here is 'misconduct' vs just being a bad fit or making mistakes. Under California unemployment law, misconduct has to involve a willful or wanton disregard of the employer's interests. Chronic lateness MIGHT qualify but only if you were warned repeatedly and kept doing it deliberately. If you had any documented issues with your schedule like a medical condition, transportation problems, or anything like that, make sure you mention it when California EDD interviews you. Also keep records of everything — any written warnings, emails, texts from your manager. You'll likely get an interview with a California EDD interviewer who will ask you questions about the separation. Be honest and specific.

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I did have one written warning about 4 months ago but nothing after that. Does one warning count as 'repeated'?

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One warning with a several month gap before termination actually works in your favor. It suggests the employer didn't consider it a serious ongoing issue. Definitely mention that timeline during your California EDD interview.

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yeah the interview is really important dont downplay anything but dont make yourself sound worse than you were either just stick to facts

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Good advice here. The documentation thing is SO important. Screenshot everything before you lose access to work email or systems.

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I was in almost the exact same boat about 6 months ago — fired, not laid off, freaking out about whether I'd even qualify. Filed my California EDD claim immediately like people told me to. Got put into adjudication because of the circumstances around my termination which apparently is normal when you're fired. Adjudication just means they're investigating your case before approving or denying it. Mine took about 3 weeks. During that time I tried calling California EDD probably 30+ times and either got a busy signal or got disconnected. Finally someone in another forum mentioned a service called Claimyr that basically helps you get through to an actual California EDD agent without sitting on hold forever. I used it and got connected to someone within like 20 minutes who was able to tell me exactly where my adjudication stood. You can check it out at claimyr.com — they also have a video showing how it works at https://youtu.be/JmuwXR7HA10. Ended up getting approved and got backpay for all the weeks I certified during adjudication.

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Wait so if my claim goes into adjudication I still need to certify for benefits every week even while they're investigating? I didn't know that.

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YES this is so important — keep certifying every single week no matter what. If you get approved and you didn't certify you lose those weeks. California EDD won't backfill weeks you skipped.

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seconding the Claimyr tip. I used it when my claim was stuck and it genuinely works. getting through to California EDD on your own right now is nearly impossible

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Never heard of that service before. Is it legit? Sounds kinda sketchy that a third party can get you through to a government agency faster lol

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ok so real talk — I got fired for misconduct last year, actual misconduct like I really did mess up, and I still applied because why not. California EDD denied me obviously but I appealed it. Lost the appeal too lol. BUT the point is even in my case the process was fair, I got to tell my side, had a real hearing. For OP whose situation sounds genuinely borderline this is 100% worth pursuing. worst case you get denied and you appeal. best case you get approved and have income while you job hunt.

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Did the appeal process take a long time? I'm worried about the timeline with bills coming up.

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my appeal took about 6 weeks from when I filed it. during that whole time I kept certifying weekly. definitely look into emergency resources in your area in the meantime just to cover the gap.

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appeals can be scary but they're actually pretty straightforward. you basically get a phone or video hearing with an administrative law judge. as long as you show up and explain your situation clearly you're fine

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Few practical steps for right now: 1. File your claim TODAY at UI Online on the California EDD website. Seriously don't wait even one more day. 2. When it asks about your separation, describe exactly what happened factually. Don't editorialize or blame your employer, just state facts. 3. You'll probably receive a Notice of Interview letter — respond IMMEDIATELY and show up. 4. Keep certifying every week starting this Sunday or Monday depending on your benefit week. 5. Start your job search log NOW. You need to track 3 job search activities per week in California, and California EDD can audit this. The job search requirement kicks in right away unless you're placed on standby status. Given your situation you probably won't be on standby so start documenting everything.

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What counts as a job search activity? Does applying on Indeed count? What about like networking or updating my resume?

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Applying to a job definitely counts — one application equals one activity. Other things that count: attending a job fair, creating a profile on CalJOBS (California EDD's job search system), doing a job search workshop, contacting an employer even if there's no posting. CalJOBS activities automatically sync with your California EDD record which is convenient.

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Register on CalJOBS ASAP. Seriously it makes the job search reporting so much easier and it's directly connected to California EDD so there's no manual reporting

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do they actually check the job search stuff? i never kept a log and nothing happened but maybe i got lucky

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I'm confused about something. Everyone's talking about adjudication like it definitely applies here. Does every fired person automatically go into adjudication or is it case by case? My cousin got laid off and her claim was approved in like 5 days with no adjudication. But I have a friend who got fired and was in adjudication for 2 months. Big difference lol

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Layoffs typically don't require adjudication because the separation is straightforward — employer didn't have work, employee is eligible. Firings often trigger adjudication because California EDD needs to investigate the circumstances to determine if misconduct was involved. Not every firing goes into adjudication but most do. It really depends on what info is in the system.

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Ah okay that makes sense. So adjudication isn't like a punishment it's just the investigation process?

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Exactly. Adjudication just means pending investigation. It doesn't mean you're going to be denied. Plenty of people come out of adjudication with approvals.

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EVERYONE ACTS LIKE CALIFORNIA EDD IS FAIR BUT IT'S NOT. I got fired under very similar circumstances — attendance issues — and was denied immediately. Never even got an interview. Just a denial letter. Appealed it and the hearing was a joke, my employer sent HR and a lawyer and I was just sitting there alone with no idea what I was doing. Lost the appeal too. The whole system is designed to make you give up. Just saying, go in with realistic expectations.

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That's a really frustrating experience and I'm sorry. For what it's worth, bringing legal representation to an unemployment hearing is actually allowed and some employers do it. Claimants can also bring representation but most don't know that. California Legal Aid has free resources for unemployment hearings in some counties.

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I didn't know I could bring someone. That would have made a huge difference. Wish someone had told me that before my hearing.

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This is honestly terrifying to read. How do I even know if my employer is going to send a lawyer to my hearing??

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You typically find out via the hearing notice which lists all parties. If they list legal counsel you'll know. At that point you can request a short continuance to prepare or find representation. Don't let it scare you — a lot of employers don't bother with legal counsel for routine unemployment hearings.

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just to add one thing — when you fill out the initial claim and it asks about your reason for separation, don't write 'fired' as a single word and move on. use the space they give you. explain that it was related to attendance, that you had received one prior warning several months before termination, and that there were no further incidents after that warning. the more context you give upfront the less likely it is that your claim flags for extensive adjudication

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So it's better to be detailed on the initial application rather than waiting for them to ask?

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Way better. The initial claim form sets the stage. A vague answer gets flagged automatically. A detailed factual answer gives the system more to work with and can sometimes speed up the process.

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totally agree. i was way too brief on my first unemployment claim and it definitely contributed to my adjudication taking longer than it needed to

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Something nobody has mentioned yet — if your employer contests your claim (which employers who fire people sometimes do) your claim WILL go into adjudication and you'll need to make sure California EDD can actually reach you. I missed my California EDD interview phone call the first time because I didn't recognize the number and didn't pick up. That delayed my whole claim by like 3 weeks while I tried to reschedule. Save the California EDD phone numbers in your phone and be ready to pick up any unknown calls for a while.

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Oh wow I would have done the same thing and ignored an unknown number. What numbers does California EDD call from?

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Unfortunately they use different numbers so you can't just save one. Best approach is just pick up everything for a few weeks while your claim is pending. You can always hang up on spam after.

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Also check your UI Online inbox regularly — sometimes they send a message instead of calling, or they send a notice about the interview appointment first. Turn on email notifications if you can.

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Has anyone else noticed that California EDD's website is SO confusing for first timers? Like I remember when I filed my first claim I spent an hour just trying to figure out what 'base period' meant and whether my job qualified. OP — your 'base period' is basically the 12 month period California EDD uses to calculate how much you earned and whether you qualify. You need to have earned enough wages in that period to be eligible. As long as you were employed for a reasonable amount of time before being fired you should be fine on that front.

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I worked there for almost 2 years so hopefully the base period thing won't be an issue. Is there a minimum amount you need to have earned?

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Yes there's a minimum earnings threshold. For most people who were working full time for 2 years there's no issue at all. You'd have easily met the requirement. The base period earnings also determine your weekly benefit amount.

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The standard base period in California is the first 4 of the last 5 completed calendar quarters before you file. California EDD also has an alternate base period if you don't qualify under the standard one. Both options exist to help more people qualify.

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genuine question — does it matter what industry you're in? like does California EDD treat manufacturing workers different from office workers or whatever

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Industry doesn't really matter for basic eligibility. The rules are the same. What can matter is whether you're classified as an employee vs. independent contractor — contractors don't qualify. But W2 employees in any industry are covered.

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ok cool just wondering because someone told me gig workers can't get unemployment and I wasn't sure if that applied to normal jobs too

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That person was roughly right about gig workers. If you were employed as a traditional W2 employee you're in good shape. The gig worker issue is separate and specific to worker classification.

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OP I just want to circle back and say — go file right now if you haven't already. Every day you wait is potentially a day of benefits you can't recover. California EDD does not backdate claims to your last day of work, they backdate to when you filed. Some people wait weeks thinking they need to figure everything out first and then lose hundreds of dollars in benefits they could have had.

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I actually filed this morning after reading the first few responses here! Already submitted. Now I'm just waiting to see what happens next.

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Perfect! Now just make sure you know when your first certification week opens up (California EDD will tell you in your UI Online account) and certify as soon as that window opens. Don't miss it.

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Great news!! And seriously bookmark UI Online and check it every couple days. Your status can change and you'll want to respond quickly to any requests they have.

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I want to mention something about the emotional side of this because nobody talks about it. Getting fired is really hard even when it wasn't entirely your fault. Filing for unemployment can feel humiliating even though it's literally what the system is there for. You paid into it. You're entitled to it if you qualify. Don't let anyone make you feel bad for using a system you contributed to.

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Thank you honestly. I've been feeling really ashamed about the whole thing and this actually helped.

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Real talk. I felt so embarrassed filing my first claim. Now I've been through the system twice and I realize it's just a normal safety net that exists for exactly these situations.

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okay so what actually happens after you file? like walk me through the process step by step because I might be in a similar situation soon and I want to know what to expect

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General timeline after filing: 1) You get a confirmation and your claim is created. 2) California EDD reviews your eligibility. If you were fired this usually triggers adjudication. 3) You may get an interview notice — phone interview with a California EDD rep to discuss your separation. 4) California EDD issues a determination — approved or denied. 5) If approved, your weekly benefit amount is set and you start certifying. 6) If denied, you have 30 days to appeal. Throughout all of this you keep certifying every week.

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Super helpful breakdown. How long does each step take roughly?

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Claim processing: 3-5 weeks typically but can vary. Adjudication for fired claimants: 3-8 weeks depending on complexity and employer responsiveness. If California EDD can't reach your employer quickly it can drag out. That's one reason getting through to an actual California EDD agent by phone can be useful — you can sometimes get status updates and find out if there's anything you need to do to move things along.

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One thing I haven't seen mentioned — if you get denied make sure you understand EXACTLY why before you decide whether to appeal. The denial letter will have a specific code and reason. Sometimes people get denied for technical reasons that are easy to fix on appeal rather than substantive misconduct findings. Read that letter carefully if it comes.

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What would a technical denial look like vs a misconduct denial?

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Technical denials might be things like: wages not verified yet, identity not confirmed, incomplete information. Misconduct denials will say something like 'claimant was discharged for misconduct.' These require very different responses on appeal.

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Really important distinction. A lot of people get a denial and immediately think they lost when actually it was a fixable technical issue. Always read the denial reason carefully.

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I tried calling California EDD for like 2 weeks straight when my claim was stuck in adjudication. Genuinely could not get through. Either busy signal or automated system hanging up on me. A friend told me about Claimyr — claimyr.com — and I was honestly skeptical but I was desperate at that point. Watched the demo video at https://youtu.be/JmuwXR7HA10 and it seemed straightforward so I tried it. Got through to a real California EDD agent way faster than anything I'd tried on my own. Agent was able to confirm my adjudication status and tell me what was holding things up. Turned out my employer had submitted incorrect separation info and the agent flagged it. Got resolved way faster than it would have otherwise.

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Okay now I'm actually curious about Claimyr. So they literally just get you on the phone with California EDD? Like that's the whole thing?

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Pretty much yeah. If you've ever tried calling California EDD and gotten nowhere, it's that problem solved. Once you're connected you're talking to an actual California EDD rep who can do whatever a normal call would accomplish.

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This is really good to know for if my adjudication drags on. Saving this for future reference.

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Random tip: when you're certifying every week and it asks if you looked for work, the answer is almost certainly yes because you're required to. But also make sure you're ACTUALLY looking. California EDD does random audits and can ask you to produce your job search records at any time. I know someone who got an overpayment notice because they certified 'yes I looked for work' for months without actually doing it and then got audited. That is a much worse situation than just being on unemployment in the first place.

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wait they actually audit people? how often does that happen

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Randomly and without warning. It's not super common but when it happens it's serious. Falsely certifying counts as fraud and can result in overpayment notices, penalties, and in serious cases referral to the DA. Not worth the risk.

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This is real. I keep a simple spreadsheet with dates, company names, position titles, and how I applied. Takes like 2 minutes per week and gives you documentation if you ever need it.

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late to this thread but OP if you're still reading — I was fired about a year ago in what felt like a hopeless situation and I ended up getting approved for unemployment after adjudication. the wait was brutal, the phone calls to California EDD were brutal (seriously impossible to get through, ended up using Claimyr which helped a lot), but it worked out. just sharing because reading stories like yours when I was going through it actually helped me feel less alone. good luck with everything.

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This genuinely means a lot to read. I've been so stressed and feeling like everything is going wrong. It helps to know people have been through this and come out okay on the other side.

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You're going to be fine. You did the right thing filing right away, you came here and got good info, now just stay on top of your certifications and be responsive when California EDD reaches out. That's all you can do.

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agreed, wishing OP the best. keep us updated on how the adjudication goes!

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One more thing worth knowing — your former employer's unemployment insurance tax rate goes up slightly when former employees successfully claim unemployment against them. Some employers for this reason will aggressively contest claims to avoid that. If you sense your employer is going to fight this hard, it might be worth consulting with an employment attorney before your adjudication interview. Many do free consultations and can help you understand how to present your situation.

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I honestly wouldn't be surprised if they contest it. The company is kind of notorious for being difficult. Is there any way to find out if they filed a contest?

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You'd typically find out when California EDD contacts you for an interview — that's usually triggered by employer contest. You can also call California EDD to ask if your claim is in adjudication due to employer protest. That's another case where getting through on the phone matters, which loops back to what others said about using Claimyr if you can't get through normally.

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Employment attorney consultation for unemployment is really underutilized advice. The stakes might seem small but getting denied when you should have been approved is real money. Free consultation can be worth its weight in gold here.

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OP just wanted to say you asked a really good question and clearly this info helps a lot of people who are in the same boat. Getting fired feels like the end of the world but the California unemployment system genuinely is designed to help people in exactly your situation — especially when misconduct wasn't clear-cut. Root for you.

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Thank you! I'll definitely update this thread when I hear back from California EDD. Adjudication is stressful but at least now I feel like I actually understand what's happening and what to do.

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Please do update! These follow-up posts help so many people who find the thread later going through the same thing.

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