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

Wait so performance issues aren't considered misconduct? That's actually really good to hear. What counts as misconduct then?

Misconduct under California EDD rules generally means intentional or willful violations of workplace rules - like stealing, showing up drunk, harassing coworkers, things like that. Just not meeting performance standards or being bad at your job typically doesn't rise to the level of misconduct that disqualifies you.

I was scared to file if I thought I might get denied but I'll start the application tonight.

yeah what they said, file immediately!! i waited like 10 days after i got laid off and i was so mad at myself lol

Oh wow I've never heard of Claimyr before. So they actually get you through to a live EDD agent? That sounds way better than sitting on hold forever.

I used claimyr too when my claim got stuck. Works exactly like they describe. You just wait for your phone to ring instead of listening to hold music for hours.

does it actually work though? sounds kinda sketchy to me tbh

Should I be worried that my employer will say it was misconduct even if it wasn't really? Like can they just lie?

Your employer can certainly characterize it however they want but EDD looks at the actual facts. Document everything - emails, performance reviews, anything in writing. If they say misconduct but can't back it up with evidence of an intentional rule violation, EDD tends to side with the claimant. Keep everything.

this is good info. my cousin got fired and his employer said misconduct but edd still approved him because there was no real proof of anything intentional

That's so reassuring to hear, thank you! Did your employer contest it or did it go smoothly?

my employer didnt contest it so it went pretty smooth. i think if they just let you go without a big fight about misconduct youre usually fine

What exactly do I need to document for the job search requirements? How many jobs per week?

California EDD requires you to make at least 3 job search contacts per week during your benefit year. You should keep a log with the employer name, position, date, and how you applied. EDD can audit your job search records so keep them accurate and detailed.

Also worth noting - if you're in a union or your industry has seasonal patterns there might be exceptions to the job search requirements. But for most standard terminated employees the 3 contacts per week rule applies.

Three months is really scary to think about. Did you have any income during that whole time?

It was brutal honestly. I had to borrow money from family. But I eventually got all my back pay once the appeal was approved. Retroactive payments covered everything back to my original filing date which helped.

This is exactly why filing IMMEDIATELY matters so much. Even if it takes months to resolve, your start date for back payments goes back to when you filed, not when you got approved.

That's a really common myth. Plenty of people get approved for unemployment after being fired. The only firings that automatically disqualify you are ones involving clear willful misconduct. Your friend probably heard this from someone who got denied because THEY were fired for misconduct specifically.

ohhhh ok that makes way more sense. so my friend probably did something wrong and just told me the wrong info lol

Yep extremely common misconception. California EDD actually approves a significant percentage of claims from terminated workers. Employers have to demonstrate misconduct with real evidence, not just say 'we fired them.

Oh interesting, so there's a chance my employer just doesn't respond and it gets approved faster?

Definitely possible especially with bigger companies where HR is overwhelmed. Smaller companies that are angry about the situation tend to respond more aggressively. Either way file your claim and let the process play out.

my employer didnt respond to my layoff claim and i got approved super fast. was like 2 weeks total

Missing an adjudication interview sounds terrifying. What happens if you miss one of those?

If you miss your adjudication interview without rescheduling they can deny your claim based on failure to respond. It's awful. Make sure your mailing address is correct in UI Online and also check your online inbox regularly because they send notices both ways.

You can request to reschedule an adjudication interview if you miss it but you need to act fast and have a good reason. This is exactly why it's important to keep your contact info updated AND to check both your physical mail and UI Online messages.

This actually makes me feel so much better, thank you for sharing! Did you do anything specific to make the process go smoothly?

Honestly just answered everything accurately and completely. Didn't try to spin anything or leave stuff out. I think being straightforward works in your favor with EDD.

I didn't even think about the benefit amount calculation. I was just focused on whether I'd qualify at all. I'll check that calculator.

Maximum weekly benefit in California right now is $450 per week for up to 26 weeks. Most people don't get the max - it depends entirely on your prior earnings. But knowing the estimate helps with budgeting while you wait.

Also - if your claim is approved but you find part time work while collecting, you can still receive partial benefits. California EDD lets you earn up to 25% of your weekly benefit amount without any reduction. Anything above that gets deducted dollar for dollar.

Yes, EDD notifies your former employer when you file. That's how the process works - they get a chance to respond and contest or confirm the separation reason. So yes they'll know you filed.

ugh. ok. was hoping they wouldn't find out but i guess that makes sense

Don't let that stop you from filing though. It's your legal right to apply for benefits you've paid into through your payroll taxes. Employers are used to this and it doesn't expose you to any legal liability for filing a claim.

I'm bookmarking Claimyr just in case my claim gets complicated. Really hoping it goes smoothly but good to have options.

Same, saving this for later. My roommate has a claim that's been in adjudication for 5 weeks and she can't get through on the phone at all. Sending her this thread.

The not knowing is exactly what's killing me right now. My brain is jumping to worst case scenarios.

Totally normal to feel that way. Just keep certifying on time every two weeks once you get approved - missing a certification period is a really easy mistake to make and it can mess up your payments.

oh yeah certifying on time is SO important. i missed one once and had to call to get it reopened and that was a whole annoying process

So when I certify every two weeks I'm reporting 6 job search contacts total for that period?

Exactly right. 3 per week × 2 weeks = 6 contacts per biweekly certification. Keep a running log with dates, company names, position titles, and how you applied. EDD doesn't usually audit it but you need to be prepared to prove it if they do.

Good clarification. The job search log requirement is something a lot of first time claimants miss or underestimate. Keep detailed records from day one.

Good to know about being able to bring someone. I'd want my partner there for moral support at minimum.

Your partner can attend but as a 'witness' with limited participation unless you designate them as your authorized representative beforehand. Look up EDD CUIAB appeal hearing rules before going in - knowing the format helps a lot.

I went through an appeal hearing without a lawyer and won. The ALJ was actually pretty fair and just wanted to hear the facts. Having organized documentation made a huge difference - I had a whole folder with everything in chronological order.

Thank you everyone in this thread seriously. I went from complete panic mode to actually understanding what to do. Filing my claim tonight.

Good luck! Come back and update us. And seriously document everything about your termination while it's still fresh in your memory - dates, conversations, any emails or texts. You might need it later.

You got this. The system is clunky and slow but it does work. File tonight, certify on time, keep up your job search log, and don't ignore any mail or UI Online messages from EDD. You'll get through it.