If you get fired can you draw unemployment in California EDD?

This is really reassuring to hear. So basically my employer would have to prove I did something intentionally bad, not just that my numbers were down or whatever?

Exactly. California EDD specifically distinguishes between poor performance (which is usually approvable) and willful misconduct (which disqualifies you). The burden of proof is actually on the employer to demonstrate misconduct, not on you to prove you were innocent.

This is correct. I work in HR and see this constantly. Employers often SAY misconduct to try to avoid unemployment charges on their account but California EDD investigators dig into the actual facts. Vague performance claims rarely stick as disqualifying misconduct.

Wait I didn't know I was supposed to keep filing weekly even while it's pending?? I haven't filed anything since my initial claim. Is that going to be a problem?

YES file immediately!! go to UI online and file your weekly certifications for every week since you filed. you can backfile weeks you missed. if you wait too long you could lose those benefit weeks permanently

This is super important. Don't skip a single week of certification even during adjudication. The weeks you don't certify are weeks you won't get paid even if approved later.

I didn't know they sent a questionnaire! I haven't received anything yet. How long did it take to get to you? And I'll look into that Claimyr thing because I've been trying to call and can't get through to anyone.

Mine came about 10 days after filing, via mail AND in my UI Online inbox. Check both. The form has a deadline so don't let it sit too long once you receive it.

seconding claimyr, used it last month when my claim had a weird hold on it. got connected to an agent in way less time than calling directly. the agent was able to see exactly what was happening with my claim and explain the next steps

They are different! Laid off = employer-initiated separation not due to employee's fault (reduction in force, business closure, etc.) - almost always approved quickly. Fired = terminated by employer, may or may not involve alleged fault - goes through adjudication. Quit = voluntarily left, hardest to get approved unless you had 'good cause'. OP's situation is a termination so it'll go through the adjudication process but is still very winnable.

ohh ok that makes way more sense. so fired doesn't automatically mean disqualified just means more hoops to jump thru got it

Yeah basically California EDD looks at the REASON behind any separation not just whether you quit or were fired. Even some voluntary quits get approved if you had good cause like a hostile work environment or medical necessity.

My former employer is a mid-size company, maybe 200 employees. Would they use one of those third party companies? This is making me nervous again lol

It really varies. Some companies at that size do, many don't. The questionnaire response you get from them will give you a clue - if it's really detailed and legalistic it might be a third party. Either way document everything, save all your communication from them during employment, any performance reviews even good ones, emails praising your work, etc.

The appeals process genuinely works though. I was denied initially, appealed, and won at the hearing. The administrative law judge was very fair and my employer didn't even bother showing up to the hearing which helped my case a lot.

5 days after filing is totally normal pending status, not necessarily adjudication. Adjudication specifically means there's a question about your eligibility that needs to be resolved. If your separation was straightforward (laid off) you might just be in normal initial processing which can take 1-3 weeks. If you were fired or quit you'll likely see it move to adjudication.

ok I was laid off so hopefully it's just normal processing. my friend said it took her 2 weeks from filing to first payment. is that typical?

Two weeks is pretty optimistic honestly, more like 3-4 weeks for most people especially right now. But layoffs without complications do process faster than terminations or voluntary quits.

That's actually really helpful to hear because I've been refreshing UI Online like every hour waiting for something to change and stressing myself out.

Haha been there. The status usually only changes when a determination has been made. In the meantime just keep certifying weekly and responding to any correspondence promptly.

same thing happened with my claim. saw 'pending' for like 18 days then one morning woke up to 'approved' and money in my account 3 days later. the waiting is the worst part

This is incredibly helpful thank you so much. One question - on the questionnaire should I just keep it simple or really go into detail about everything that happened?

Be detailed but factual. Don't editorialize or sound angry - just state the facts clearly. 'I was terminated on [date]. Prior to termination I had no written warnings, no formal corrective action, no performance improvement plan. My most recent performance review [if positive, mention it]. I was not provided with specific documentation of the alleged performance issues at the time of termination.' Keep it professional and fact-based.

This. The questionnaire response sets the tone for everything. Factual, calm, specific. California EDD adjudicators have seen every kind of sob story and anger letter. Clear facts stand out.

It's genuinely comforting knowing other people have been through this and come out okay. Thank you.

one more tip - write down everything you remember about the circumstances of your firing ASAP while its fresh. dates, what was said, who was present, etc. if it goes to a hearing you'll want those notes

the notes thing is huge. I wish I had done this. By the time my hearing came around I couldn't remember specific dates and it made me look less credible even though I was telling the truth

Attendance with documented warnings is harder but not impossible. Key factors: how old were the warnings, was there a clear improvement period after them, did management acknowledge improvement, and was the final firing proportionate. Stale warnings from a year plus ago where you demonstrably improved tend to carry less weight in California EDD adjudication.

I did improve and even got a positive mid-year check-in from my manager in November. Is that the kind of thing I should mention on the questionnaire?

Absolutely mention that positive check-in. If you have it in writing (email, formal review document) that's even better. It directly contradicts the narrative that you had ongoing performance or attendance problems.

Yeah I've called probably 15 times and either can't get through or get disconnected. Going to look into Claimyr because at this point I just want to talk to an actual person.

does claimyr actually work for regular unemployment claims or just special situations? asking because my claim is straightforward laid off situation but I still can't get anyone on the phone

Worked fine for my regular UI claim. The agent I spoke with handles all kinds of claims, they're just regular California EDD phone agents. The issue is just getting through which is what the service helps with.

There's a genuine fact-finding process. California EDD sends questionnaires to both parties, may conduct phone interviews with either or both, reviews documentation submitted, and then makes a determination. It's not as extensive as a court proceeding but it's definitely not just rubber stamping the employer's characterization. Both sides get to tell their story.

ok good that's reassuring. i filed my claim two weeks ago and nobody has contacted me for more info. should i be worried?

Not necessarily. Sometimes the questionnaire responses are clear enough that they don't need additional interviews. Or they may still be in the initial review phase. Just make sure your UI Online contact info is correct and keep your phone available.

This happens ALL the time and it actually can work in your favor. If you have any documentation of what your manager actually told you (texts, emails, written notice) that contradicts what they tell EDD, that inconsistency undermines the employer's credibility. Save everything.

I have a text from my manager saying the position was being eliminated, but I bet they're going to claim performance to EDD because they don't want the unemployment charges. Can I submit that text?

YES you can submit supporting documentation with your questionnaire response. A text from your manager saying the position was eliminated is extremely strong evidence. That's basically a layoff not a firing for cause. Include it and specifically reference the contradiction in your written response.

File tonight! Don't wait. Your benefit year start date is based on when you file so every day you wait is potentially a week of benefits you lose at the backend.

omg i didn't know that. filing right now literally as i type this lol

Also make sure you have your employer's information handy when you file - their legal name, address, EIN if you have a pay stub with it, and your last day of work. Having this ready makes the initial claim go much faster.

California UI benefits are calculated at roughly 60-70% of your base period wages up to the maximum weekly benefit amount. For 2025 the maximum is $450 per week. So if you earned $1,100/week you'd likely hit close to the max. Your base period is the first four of the last five completed calendar quarters before you filed. California EDD calculates your WBA based on the highest earning quarter in that period.

$450 max seems really low for California cost of living honestly. Is there any way to get more than that?

Sadly no, $450 is the cap for regular UI in California. It's been that way for a while and there's ongoing advocacy to raise it but nothing has changed recently. Federal extensions and supplements that existed during the pandemic are gone. Just $450 max weekly.

This is gold. I'm going to make sure my phone is on and charged and not on do not disturb every single day from now on. What did your caller ID show when California EDD called you? I want to make sure I don't accidentally ignore it.

It showed up as 1-800-300-5616 on mine but I've heard it can vary. Best to answer any 1-800 call or unknown number from California area codes during business hours until your claim is resolved.

Also check your UI Online inbox daily. Sometimes they send a notice asking you to call THEM at a specific number within a certain timeframe. Missing those is just as bad as missing their outbound call.

Verbal warnings are harder for employers to prove because there's no documentation trail. They would have to have your manager testify to the specifics of what was said, when, and that you acknowledged understanding. Without any written record it's basically their word against yours. Not impossible for them to use but significantly weaker than documented written warnings.

ok so verbal only kind of puts me in a better position than i thought. i was assuming warnings were warnings regardless

Right. And even documented written warnings don't necessarily mean you'll be denied unemployment - it's still about whether what you did rises to the level of willful misconduct under California law. Plenty of people with written warnings on their file still get approved.

Congratulations!! This genuinely made my day. I'm at week 2 of adjudication so hopefully I'm getting closer too.

The determination letter comes with a retroactive payment for all the weeks you certified during the wait period. So don't skip those weekly certifications - that's your back pay!

This whole thread is so helpful. Just filed my claim an hour ago. Fingers crossed for all of us going through this.