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Christopher Morgan

If you get fired from a job can you draw unemployment in California EDD?

So I got let go from my warehouse job last Friday and I'm trying to figure out where I stand. My manager said I was fired for "attendance issues" but honestly my mom was in the hospital for two weeks and I had doctor's notes and everything. I never got a formal warning, no write-ups, nothing in writing about any of this before they just terminated me. I went to file on myEDD (https://myedd.edd.ca.gov/) and it asked me why I stopped working and I put fired, but now I'm sitting here wondering if that's going to hurt me. Can I actually collect if I got fired? Does California EDD automatically deny you when you're terminated or do they look at the actual situation?

Filing right away was the right call. The claim week starts on the Sunday you apply, so waiting even a few days costs you money. As for being fired - EDD doesn't automatically deny terminated workers. The way it works is your former employer has to actually show there was misconduct on your part. Attendance because your mom was hospitalized, with medical documentation backing you up, is a very different thing from just not showing up repeatedly without reason. Expect EDD to schedule a phone interview with you once they get the employer's response. That's where you tell your side - the hospitalization, the notes, everything. Keep all those documents ready.

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How long does it usually take before they contact me about that interview? I haven't gotten anything in the mail yet and it's been about five days.

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Usually within a couple weeks of filing you'll get the interview notice (it's the DE 4800 form) in the mail. The date and time the interviewer phones you will be on that notice and also on your UI Online homepage. Keep your phone nearby at that exact time - missing it can delay or even stop your payments.

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The DE 4800 is easy to miss because it looks like junk mail honestly, so open everything EDD sends you even if it looks unimportant.

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Termination from my retail job last spring put me in almost this exact spot. DE 429Z showed up about two weeks after I filed listing my weekly benefit amount. What I actually needed was to talk through the specific documentation angle with someone at EDD before my interview, so I used Claimyr (claimyr.com) to get through to a live agent - it handles the hold time so you end up on the phone with EDD. They've got a video showing what reaching a live person looks like: https://youtu.be/JmuwXR7HA10. The agent I got confirmed my claim was pending the phone interview stage, that my documents were received, and explained that I should have all my records ready to walk through the timeline. After the interview went through and I certified, the payments came in for the pending weeks. Definitely hold onto every piece of documentation you have.

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Did you have written documentation too or just verbal stuff? I have the doctor's notes but nothing from HR saying they were received.

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Had written notes plus a couple of texts. The agent said to bring everything - better to have more than you need. I'd also try to get something in writing from the hospital if you can, even a discharge summary with dates.

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This is a good point about documentation. Even printing out a text exchange with your manager where you informed them about the absence adds to your case at the interview.

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Wait - does EDD always do an interview when someone gets fired? My cousin got laid off and she never had one, so I assumed it was just automatic approval for terminations.

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Layoffs and firings are handled differently. A layoff is out of work through no fault of your own, so there usually isn't a question about eligibility and no interview needed. When someone is fired, EDD needs to hear from both sides to decide if there was actual misconduct - that's when the phone interview gets scheduled.

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Oh okay that makes sense, I was confusing the two situations. So the interview is specifically because there's a dispute about why the person left.

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Yeah and it goes both ways - if you quit EDD also wants to hear from you about whether you had a good reason. The interview is basically for any situation where the reason for separation isn't clear-cut.

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Can I jump in with something adjacent? So I was fired for "performance" six months ago and I'm still fighting an overpayment notice they sent me after paying me for eight weeks. EDD is saying I misreported some part-time work I picked up during the claim. Tried calling for three weeks and kept getting cut off. Finally got through using Claimyr - the agent pulled up my account and told me which specific weeks were flagged and that I needed to file the DE 1446UI waiver form before a certain date. Having that detail made a huge difference versus just getting the generic notice.

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That DE 1446UI - is that something only overpayment situations use or is it relevant to a new claim too?

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Waiver form is specifically for overpayments when you're asking EDD to forgive the debt. Not relevant to your situation right now, but keep the name in the back of your head just in case.

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The overpayment stuff is genuinely terrifying. I had a small one and it took forever to sort out even when I had everything documented correctly.

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Something people don't realize - your employer only has 10 days from the date on EDD's notice to respond and give their side of the story. If they don't respond in time, EDD makes a decision without hearing from them. That doesn't mean you automatically win, but it definitely matters. The employer can still appeal later if they don't like EDD's decision, but they lose some rights by not responding initially.

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So theoretically if my old job doesn't bother responding I might not even need the interview?

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EDD can still schedule one to hear your side even if the employer doesn't respond. The interview is partly for you to tell your story, not just to mediate a dispute. But an employer who doesn't engage certainly can't appeal EDD's initial decision.

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My former employer actually missed that window and I still had an interview - EDD wanted to hear my account directly regardless. Got approved though.

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Okay real question though - what actually counts as "misconduct" to EDD? Like is there a list somewhere? I always assumed getting fired for anything automatically disqualified you but it sounds like that's not true at all.

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EDD doesn't publish a detailed checklist but their standard is basically: did you deliberately do something wrong, or did you behave in a way that showed you didn't care about keeping your job? A genuine emergency with your parent in the hospital is not that. Forgetting to call in once might not be that either. It's more about intentional rule-breaking or serious negligence.

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So it's more of a judgment call than a strict rule. That's both reassuring and kind of nerve-wracking at the same time.

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The judgment call part is exactly why the phone interview matters so much. The way you explain your situation to the interviewer shapes how they write it up for the determination.

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BEEN THROUGH THIS. Got fired for "insubordination" which was really just me pushing back on being asked to work off the clock. EDD approved me after the interview. The key was I didn't get defensive or angry during the call - I just stuck to the facts and the timeline. My employer gave their version, I gave mine, and EDD sided with me. The whole misconduct thing is really about whether YOU did something deliberately wrong, not just whether your boss decided to let you go.

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How did you handle it when they asked about the "insubordination" label specifically? Did you have to argue against that term?

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Didn't argue the word, just explained what actually happened. I told them I declined to work hours that weren't on my schedule and weren't going to be paid. EDD wasn't interested in the label my employer used - they wanted to know what actually took place.

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This is the advice I wish I'd had. Arguing semantics with the interviewer is a losing battle. Facts and timeline, that's it.

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Did you register on CalJOBS yet? They usually require you to register and post a resume within 21 days of getting a notice about it. Easy thing to miss but it can stop your payments if you don't do it.

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I haven't gotten any notice about that yet. Is it something that comes automatically or do I need to go do it on my own?

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Watch for a notice called the DE 8405 - that's when the clock starts. If you get it, you've got 21 days from that date to get registered on caljobs.ca.gov and have a resume posted. If EDD says you're exempt they'll tell you.

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Don't wait around for the notice to arrive before making an account. Getting set up early means you're not scrambling when the deadline starts.

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Something I want to flag about certifying - a lot of first-timers think you certify every week but California is every two weeks. First certification usually covers your waiting week (unpaid, everyone has one) plus your first paid week. After that you're on the every-two-week schedule. Missing a certification period is a pain to fix so set a reminder.

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Wait so the first week I'm never getting paid for no matter what? That seems kind of brutal when you're already in a tough spot.

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Yeah everyone has that one unpaid waiting week - it's built into every claim. The good news is it doesn't come off your total benefit amount, so you still get the full 26 weeks worth of payments, just the very first one is the waiting week.

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I did NOT know the waiting week doesn't reduce your total. That's actually less bad than I thought.

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What happens if EDD denies you after the interview? A friend told me you can just refile but I don't think that's right.

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Your friend has it mixed up. You can't just refile to get around a denial. If EDD sends you a Notice of Determination (the DE 1080CZ) that says you don't qualify, you have 30 days from the mailing date on that notice to appeal in writing. You'd use the Appeal Form (DE 1000M) that comes with the notice, or write a letter. The case goes to an administrative law judge from there.

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So the appeal is a whole separate process, not just submitting a new application. Good to know before my own interview next week.

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And keep certifying through the whole appeal process even if you've been denied. EDD can only pay those weeks if you've certified for them. Don't stop just because you got a denial.

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Does the weekly benefit amount change depending on whether you were fired versus laid off? I always assumed fired people got less somehow.

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Nope - the weekly benefit amount is calculated from your wages in the base period regardless of how you left the job. It comes from your highest-earning quarter in the first four of the last five completed calendar quarters before you filed. How you left only affects whether you qualify at all, not how much you'd get if you do.

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Huh, that actually makes a lot of sense when you think about it. The wages are the wages regardless of how the job ended.

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My termination situation from last year - I was fired after a disagreement with a new manager who came in and wanted to clear house. Got approved after the interview with no problem. What helped was I brought up the fact that I'd had zero disciplinary actions in four years with the company. Length of clean service record came up during the interview and I think it carried weight.

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I only had about eight months at this job but I also had zero write-ups or warnings. Is that worth bringing up even with the shorter tenure?

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Absolutely mention it. No documentation of any issues before this termination is relevant regardless of how long you worked there. If they were going to fire you over attendance they should have put something in writing first.

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The lack of a paper trail on the employer's side is actually a significant factor. If there were real ongoing attendance problems they would have documented them.

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DE 429Z came in the mail about 11 days after I filed my claim last year. Check the weekly benefit amount on it - if something looks off, the form itself tells you to appeal within 30 days. Worth reading carefully rather than just filing it away.

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What would make the weekly amount wrong? Is it usually pretty accurate?

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Sometimes a quarter of wages doesn't get reported by an employer correctly, or there's a data entry issue. Usually it's right, but if the number seems way lower than your actual earnings it's worth investigating before that 30-day window closes.

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You can also use the Unemployment Benefit Calculator on EDD's site to get a rough estimate before the DE 429Z arrives, so you know roughly what to expect.

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Does EDD contact your current employer if you get a new job while your claim is still open? I went back to work part-time and I'm not sure how reporting wages works exactly.

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Part-time earnings get reported when you certify for the weeks you worked them - Report Wages in UI Online handles this. The first 25 dollars or 25 percent of your gross earnings for the week, whichever is bigger, doesn't count against you. Everything above that gets subtracted from your weekly benefit amount. So you can still get partial benefits even while working part-time.

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What if the part-time work eventually turns into full-time? Do I just stop certifying?

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Full-time work ends your eligibility for that week. Keep certifying accurately and report what you're earning honestly - that's what keeps you out of overpayment territory.

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EDD will verify your income from your previous employer anyway so there's really no gaming the wage reporting. I tried to estimate my earnings once instead of using exact figures and it caused a whole hold on my account that took forever to clear up. Use exact numbers, every time.

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By exact numbers you mean the actual dollar amount on each paycheck for that week, not the rounded salary figure?

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Gross earnings for the week the work was performed, not when the check arrived. So if you worked a week in October but got paid in November, it goes on the October week.

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The "when earned not when paid" thing tripped me up too. EDD's certification questions are a little confusing about this until you understand the system.

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Has anyone dealt with the ID.me verification step being a problem? I keep seeing people say their claim gets stuck there even after everything else is sorted out.

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Had an issue where my ID.me verification seemed to process fine on their end but EDD still showed pending for identity. Ended up calling EDD - used Claimyr to actually reach someone - the agent told me they had received the verification but it hadn't linked to my claim yet, and they manually flagged it on their side. Payments started processing within a few days after that.

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So it can be a sync issue between ID.me and EDD rather than a problem with the verification itself. Good to know there's a way to get that looked at directly.

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The ID.me process itself was fine for me but I've seen a lot of people in this situation mention that their claim just sits in pending with no explanation because of that exact disconnect.

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For anyone who gets denied at the interview stage and goes to appeal - the administrative law judge hearing is under oath, formal testimony. You can represent yourself but you're allowed to bring representation, whether that's a union rep, an attorney, whoever. The notice of hearing comes at least 10 days before by mail. It's a real legal proceeding, not just another phone conversation with EDD.

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Let's hope I don't get to that stage but it's useful to know how it works. What's the appeal form called again?

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DE 1000M - it comes attached to your Notice of Determination if you're denied. Or you can write a letter and mail it to the address on the notice. The mailing date on the notice is what starts your 30-day clock, not when you receive it, so open EDD mail the same day it arrives.

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The 30 days from mailing date, not receipt date, is a detail that bites people. If EDD mailed it on the 1st and you got it on the 5th, your deadline is still 30 days from the 1st.

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How long does the whole process take from filing to actually seeing money? I know someone who waited almost two months and I'm wondering if that's normal or if something went wrong with their claim.

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New claims typically take around three weeks to process before the first payment comes through. If there's a phone interview involved because of a termination or quit, it takes longer because payments can't go out until after the interview, the certification, and EDD's decision all happen. Two months suggests something got held up - either a pending identity issue, a missed interview, or an adjudication question EDD was still working through.

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My friend said she never got the interview notice so she missed the call. Is that the kind of thing you can call EDD to fix?

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Missing the interview isn't fatal but you should phone EDD that same day if you miss it - waiting makes it worse. If she missed it a while ago and payments stopped, she definitely needs to reach EDD directly to explain and get it rescheduled if possible.

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Jumped in late here but wanted to add one thing about the base period - if you haven't worked much in the last 18 months, like if this warehouse job was relatively new, your weekly benefit amount might be lower than expected because they calculate from your earnings history. Someone who worked one quarter might get the minimum $40 a week. Worth checking the calculator on EDD's site before you count on a specific amount for budgeting.

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I had about eight months at this job before the termination, earning around $22 an hour full time. Does that give me enough of a history to get a decent benefit amount?

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Eight months full-time at that wage should land you well above the minimum. The EDD calculator will give you a real estimate - just punch in your quarterly earnings. Your wages need to hit at least $1,300 in one quarter to even have a valid claim, and it sounds like you're way past that threshold.

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Eight months at full time hours at $22 an hour is roughly $15k per quarter - you're definitely in a good position for the wage threshold part.

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Quick update from me - I was in a similar fired situation about three months ago and I got my determination letter last week. Approved. The interview was thorough but fair, the interviewer was actually pretty professional about it. I had my hospital discharge paperwork, texts to my manager notifying them of the emergency, and my own written timeline of events. All of it helped. Hang in there.

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This is genuinely helpful to hear. Did they ask a lot about the specific dates of the absences or was it more about the general pattern?

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Both, honestly. They wanted to know exact dates, whether I notified the employer, how I notified them, whether the notification was before or after the absence, and whether I provided documentation when I returned. The more specific you can be, the better.

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The notification timing question - whether you told them before or during versus after the absence - seems to matter a lot from what I've heard. Gets at whether the employer had a chance to plan around it.

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