If you get fired can you claim unemployment with California EDD?

Short answer: YES, file immediately. Don't let the word 'fired' scare you away from filing. California EDD evaluates terminations on a case-by-case basis and being fired does not automatically disqualify you from receiving unemployment benefits. The key distinction the EDD makes is whether you were terminated for 'misconduct' as defined under California unemployment law - and that definition is actually pretty narrow. Simple things like not being a great fit, personality conflicts, or even some performance issues don't usually rise to the level of misconduct that would get you disqualified. File your claim right now at UI Online, don't wait. Every week you delay is potentially lost benefits since they don't backdate claims.

I went through almost this exact situation about 8 months ago - got fired from a retail management job after 3 years. I filed anyway and here's what happened: EDD opens an investigation basically, contacts your former employer to get their side, and then makes a determination. My employer claimed misconduct, I disagreed, and after adjudication I was approved. The burden is actually on your former employer to prove misconduct under California law. Attendance issues that were addressed and supposedly resolved are a much weaker case for your employer to make. Document everything you can remember - dates, what was said, any written warnings you received or didn't receive.

File ASAP and here's a practical tip about the phone situation - if your claim goes into adjudication (which is likely since you were fired rather than laid off), you're probably going to need to talk to an actual EDD rep at some point. Getting through on the phone is genuinely brutal. I spent two weeks trying before someone in another forum mentioned Claimyr. It's a service at claimyr.com that essentially holds your place in the call queue and calls you back when an agent is available. There's a demo video at https://youtu.be/JmuwXR7HA10 that explains how it works. Used it myself when my adjudication was dragging on and I needed answers - got connected to an EDD rep same day after days of failed attempts on my own.

okay so technically you CAN file but whether you'll get approved depends on WHY you were fired. California EDD looks at this pretty carefully. If you were fired for what they call 'misconduct connected with your work' then you'd be disqualified. But misconduct has to be like willful violation of company rules, deliberate acts against your employer, that kind of stuff. Being bad at your job or having interpersonal issues usually isn't misconduct. Attendance CAN be misconduct in some cases but generally only if it was chronic, you had clear written warnings, and you kept doing it anyway with no reasonable excuse.

Just want to share my experience because I was so scared to file when I got fired. I thought for sure I'd be denied and then have to repay money or something. But my friend who works in HR told me to file anyway because EDD decides independently and most terminations that aren't for serious misconduct end up getting approved. I filed, it went to adjudication for about 3 weeks, got a letter saying approved. The process was stressful but I'm really glad I filed instead of just giving up before I even tried.

ugh the EDD system is so frustrating. i got fired last year and they made the whole process as confusing as possible. Like why can't they just TELL you upfront what counts as misconduct instead of making you guess?? I ended up having to submit documents three different times because they kept saying my responses were incomplete. The phone system is an absolute joke. I called 47 times in one day and got through zero times. ZERO. These are people who need money to pay rent and they can't even answer the phone.

Let me give you the full breakdown of what happens when you're fired and you file for UI in California since there seems to be some confusion in this thread. 1) You file your initial claim at UI Online. 2) EDD sends a Notice of Unemployment Insurance Claim Filed to your former employer. 3) Employer has 10 days to respond and provide their reason for termination. 4) If employer claims misconduct, claim goes to adjudication and an EDD interviewer reviews both sides. 5) You'll likely receive a questionnaire about the circumstances - complete it thoroughly. 6) EDD issues a determination - either approved or disqualified. 7) If disqualified, you have 30 days to appeal to the California Unemployment Insurance Appeals Board. The whole process typically takes 3-6 weeks from filing.

wait i thought if you quit you cant get unemployment but if fired you automatically get it?? thats what i always heard

I should mention - when you complete the initial claim and they ask about your reason for separation, be honest but also be precise. Don't volunteer negative information unnecessarily, but absolutely do not lie. For 'terminated by employer' select that option, and when asked for details just state the facts of what happened without editorializing. 'My employment was ended by my employer on [date]. I had been employed there for 2 years. Prior attendance issues had been addressed and resolved with management approximately [X] months prior to termination.' Short, factual, unemotional.

something nobody mentioned - make sure you're doing your job search activities and logging them even during adjudication. California requires you to search for work and log your contacts. Don't fall behind on that thinking you don't need to do it until you're approved. EDD can ask about job search activities going back to your claim date.

From a practical standpoint on the adjudication process - when EDD contacts you for an interview (phone interview), prepare for it like it matters because it does. They'll ask you specific questions about the attendance issues, what you were told, whether you were warned, what steps you took to correct the issue. Have a timeline ready. Write it out beforehand. The interviewers are generally fair but they have a lot of claims to process and a prepared claimant comes across much better than a scattered one.

been lurking this thread and just want to say this is the most useful EDD thread I've found. saving this whole thing. I'm in a similar situation got fired last month and have been too scared to file thinking i'd get in trouble or owe money back somehow

my situation when I got fired was a little different - I was fired FOR CAUSE they said, performance related. EDD still approved me after adjudication. the reason being: my employer said I failed to meet performance standards but couldn't show they gave me clear written improvement plans or adequate warning before firing. Documentation cuts both ways - if your employer didn't document their attempts to correct your behavior before firing you, their misconduct claim is much weaker.

honestly if your claim goes into adjudication just expect it to take 4-8 weeks and plan your budget around that. Having some kind of plan for the gap - whether it's savings, borrowing, cutting expenses - takes some of the pressure off. Also look into whether you qualify for any emergency assistance programs while waiting because EDD appeals and adjudication periods can be unexpectedly long sometimes.

something i want to add - your employer is actually contacted by EDD and has an obligation to respond. If they don't respond to EDD's inquiry within the timeframe, EDD typically approves the claim by default. Some smaller employers don't respond because they don't want to deal with it or don't know they're supposed to. Not saying bank on that but it does happen.

just to close the loop for anyone reading this later - the actual legal standard in California is from Unemployment Insurance Code Section 1256. Misconduct means willful or wanton disregard of an employer's interests. Key word being WILLFUL. Accidents, mistakes, poor performance, not getting along with coworkers, these generally don't meet that standard. You have to essentially have been deliberately trying to harm your employer's interests or flagrantly violating clear reasonable rules. Most firings don't meet that bar.

update request: OP did you file yet? How did it go?

Late addition but wanted to mention - even if you get disqualified initially, appealing is VERY worth it. Statistics I've seen suggest a significant percentage of UI appeal hearings result in reversal of initial disqualification decisions. The hearing is less formal than court, you can represent yourself, and you can bring witnesses and documentation. Don't assume a denial letter is the end of the road.