If you get fired from a job can you get unemployment in California?
So I got let go from my job last Friday and I'm honestly not sure where I stand with unemployment. My manager called me into the office and basically said they were 'letting me go' but gave me this whole speech about performance issues. Thing is, I was never written up, never had a formal performance review that flagged anything serious, and they didn't give me any documentation. I've been in the industry for about 11 years so this is the first time I've ever had to think about filing for unemployment and I genuinely don't know if being fired disqualifies you or not. A coworker told me you can only get unemployment if you quit or get laid off, but that doesn't sound right to me. Does anyone know if California EDD will approve a claim when you've been terminated? I filed online yesterday just to get the process started but now I'm second guessing myself.
80 comments

Daniel Washington
Your coworker has it backwards - being fired does NOT automatically disqualify you from California EDD unemployment benefits. The key question EDD asks is WHY you were fired. California uses what's called a 'misconduct' standard. If you were terminated for serious misconduct - like theft, intentional policy violations, or behaving in ways that deliberately harm the employer - then yes, you'd likely be disqualified. But if you were fired for things like performance issues, not being a good fit, restructuring decisions, or even minor mistakes, you can absolutely qualify. The fact that you were never formally written up is actually significant. EDD will contact your former employer and ask them to provide evidence of misconduct. If they can't demonstrate willful misconduct on your part, your claim will likely be approved. File your weekly certifications starting this Sunday and don't miss them even while adjudication is pending.
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Lauren Zeb
AuthorThis is really reassuring, thank you. So the burden is kind of on the employer to prove I did something wrong? I was worried I'd automatically be denied just because they fired me.
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Aurora Lacasse
yeah this is accurate. my sister got fired for 'attitude problems' and still got approved. edd takes a pretty claimant-friendly approach unless there's actual evidence of serious misconduct
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Anthony Young
One thing to add - make sure when EDD sends you the questionnaire about your separation, you describe the situation factually and calmly. Don't say anything that could be interpreted as admitting to intentional wrongdoing. Just stick to the facts of what happened.
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Charlotte White
I got fired last year and went through this exact thing. Honestly the process was confusing at first but I ended up getting approved. My employer claimed I violated a workplace policy but since it was my first offense and they had never formally warned me in writing, EDD sided with me. The waiting period felt like forever though - my claim was in adjudication for almost 5 weeks before I got a decision.
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Lauren Zeb
Author5 weeks is a long time, were you able to pay your bills during that period or did they back pay everything once approved?
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Charlotte White
they backpaid all the weeks I certified for, so once it was approved I got a lump sum for all those weeks. still stressful not knowing when money would come though
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Admin_Masters
This is really common when there's a disputed termination. The adjudication period for fired claimants is almost always longer than for laid off workers because EDD has to gather info from both sides.
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Matthew Sanchez
One thing that helped me a ton when I was going through a disputed termination claim was being able to actually talk to someone at EDD directly. I needed to understand exactly what documentation they needed from me. After weeks of busy signals and dropped calls I found a service called Claimyr that basically gets you through to a live EDD agent without the hold time nightmare. You can check it out at claimyr.com and there's a video showing how it works at https://youtu.be/JmuwXR7HA10 - I was able to clarify exactly what questions were being raised on my claim before my employer responded which made a huge difference in how I framed my answers.
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Lauren Zeb
AuthorI didn't even know services like that existed. I've been trying to call EDD all morning and can't get through at all. Might have to check this out.
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Ella Thompson
how does that even work? like do they just stay on hold for you?
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Matthew Sanchez
Basically yes - it connects you to an actual agent so you skip the endless redial cycle. Really useful when your claim is in adjudication and you need answers fast.
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JacksonHarris
I'm skeptical of anything that promises to get through to EDD lol. That phone system is designed to defeat humans. But I've heard a few people mention this recently so maybe it actually works
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Jeremiah Brown
OK so wait, does it matter HOW they fired you? Like does it make a difference if they say 'terminated' vs 'laid off' on the paperwork? My cousin got fired and his employer put 'position eliminated' on the separation paperwork even though they clearly just wanted to get rid of him specifically. Is that the same situation?
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Daniel Washington
The language on paperwork matters less than what EDD actually determines happened. Both your cousin's situation and a straightforward firing go through the same separation review process. EDD will ask the employer directly why employment ended. If the employer says 'position eliminated' that's actually closer to a layoff which would likely result in faster approval with no adjudication needed.
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Jeremiah Brown
oh interesting so if the employer kind of covers for you on the paperwork that helps? seems weird that it works that way but ok
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Admin_Masters
Technically the employer is supposed to be accurate but yes if they describe it as a reduction in force or position elimination, EDD generally takes that at face value unless something else raises a red flag.
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Royal_GM_Mark
BEEN THROUGH THIS. fired for performance after 7 years and EDD still approved me. here's what nobody tells you: your former employer has to actively CONTEST your claim and submit evidence for you to get denied. most employers don't even bother responding to EDD's inquiry or they just confirm the dates of employment. unless your manager is really motivated to fight your claim you have a decent shot
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Lauren Zeb
AuthorThat's actually a huge point. I'm not sure my former employer would even take the time to respond with a bunch of documentation. It was a pretty small company.
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Royal_GM_Mark
Small companies especially tend not to bother. They fired you, you're gone, they move on. They're not thinking about your unemployment claim two weeks later.
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Aurora Lacasse
this is true but don't count on it. still respond thoroughly to any EDD questionnaires and document your side of the story. don't assume the employer will just not respond
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Anthony Young
There's an important distinction in California EDD rules that I want to make sure people understand: there's a difference between 'misconduct' and 'gross misconduct' and both have different consequences. Regular misconduct (like repeated policy violations after warnings) disqualifies you from benefits but you can still potentially appeal. Gross misconduct (theft, assault, fraud) disqualifies you AND you may be required to pay back any benefits if they're mistakenly paid while the appeal is pending. For performance issues alone without documented warnings, you're really looking at neither category - that's just a termination without disqualifying misconduct.
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Lauren Zeb
AuthorThis is exactly the kind of detail I needed. No documentation, no write ups, nothing formal - so it sounds like I'm in the clear zone you're describing.
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JacksonHarris
good info but I'd also mention that EDD has their own definition of misconduct that doesn't always match what most people think of as misconduct. they've approved claims for people fired for things that sound really bad and denied claims for things that sound really minor. it's not always predictable
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Anthony Young
100% agree - the unpredictability is real. That's exactly why talking to an actual EDD rep about your specific situation before the decision is made can be really valuable. Especially if your situation has any gray areas.
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Amelia Cartwright
just file it and see what happens tbh. worst they can say is no and then you appeal. i've seen people get approved for stuff that seemed like it would definitely be denied
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Lauren Zeb
AuthorYeah that's basically where I landed - already filed. Just anxious about the waiting.
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Amelia Cartwright
totally get it. the waiting is the worst part. just make sure you keep doing your weekly certs no matter what
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Admin_Masters
For your specific situation - being fired with no written documentation of performance issues - here's what the timeline typically looks like: You file your claim, EDD sends a separation questionnaire to you and your employer (usually within 1-2 weeks of filing), both parties respond, an EDD interviewer reviews both responses and may call one or both parties for clarification, then a decision is issued. For termination cases the whole process is usually 3-6 weeks in adjudication. During this entire time you MUST continue filing weekly certifications every Sunday. If you stop certifying and then win your appeal, you only get paid for weeks you certified for - you cannot go back and certify retroactively.
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Lauren Zeb
AuthorThe weekly certifications thing is something I didn't fully understand - do I certify even though I don't know if I'm approved yet? That seems weird but I guess I should just do it anyway?
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Admin_Masters
Yes, certify every single week regardless of adjudication status. Think of it as claiming your place in line for those weeks. If approved, all certified weeks get paid. If you miss a week, that week is simply gone.
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Charlotte White
This is the number one mistake people make. They stop certifying because they think 'what's the point if I'm not approved yet' and then they lose weeks of payments when they finally do get approved.
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Jeremiah Brown
wait so what do you certify about if you're in adjudication? do you still have to list job search activities?
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Ella Thompson
my neighbor got fired last month same situation and she's still waiting to hear back from EDD. she said she tried calling to check status and couldn't get anyone on the phone for like three weeks straight. i think she eventually used one of those phone services to get through, might have been claimyr or something similar. she was able to find out her claim was just waiting on her employer to respond and not anything she did wrong
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Lauren Zeb
AuthorDid she end up getting approved?
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Ella Thompson
yeah she got approved about two weeks after she found that out. knowing what stage it was at definitely helped her stress level even if she couldn't speed up the process
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Matthew Sanchez
That's exactly the value - even if you can't make EDD move faster, knowing WHERE your claim is stuck makes a huge psychological difference. Is it waiting on your employer? Is there a specific issue on your account? That info changes what you do next.
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JacksonHarris
I want to push back slightly on the optimism here - I got fired and genuinely thought I had a strong case (no writeups, decent track record) and still got denied the first time. Turns out my employer submitted a very detailed account of verbal warnings that I hadn't kept any record of. Fortunately I won on appeal but the appeal process added another two months before I saw any money. The lesson I'd take is: document everything on YOUR end too. Write down exactly what was said to you, when, by whom. Think about any emails or texts that might be relevant and save them now before you lose access to work accounts.
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Lauren Zeb
AuthorOh man I hadn't even thought about preserving communications. My work email access was cut off when they fired me but I might still have some texts on my phone. Going to dig through those now.
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JacksonHarris
Do it immediately. Download or screenshot everything you have. Also write out a detailed timeline while your memory is fresh - dates, conversations, what was said. Even if you don't need it for the initial decision it's gold if you end up at appeal.
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Anthony Young
Appeals are actually more claimant-friendly than people realize. It's a full hearing before an administrative law judge and you can present all the evidence you want. Many people who lose initially win on appeal.
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Aurora Lacasse
Does anyone know if the job search requirement kicks in immediately when you file or do you get a break during adjudication? I always thought you had to apply to three jobs a week but my sister said that changed
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Daniel Washington
The current requirement in California is three job search activities per week. This requirement is in effect from the first week you certify - there's no pause during adjudication. However, job search activities can include more than just applying - attending a job fair, creating or updating a resume on a job search site, or registering with an employment agency all count.
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Aurora Lacasse
oh ok good to know. what about if you're on standby status? i thought standby meant you didn't have to do job search activities
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Daniel Washington
Correct - if your claim is approved for standby status (like if you're a union member waiting to be called back or your employer has confirmed a return date within 60 days) then job search requirements are waived. But that has to be specifically approved, it's not automatic.
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Admin_Masters
And to be clear, for a termination situation like the OP, standby wouldn't apply. Job searches are required.
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Chris King
fired employees definitely can get unemployment i was fired twice and got it both times lol. as long as you werent stealing or doing something crazy they usually approve it. california is pretty good about this compared to other states
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Lauren Zeb
AuthorTwice is quite a track record haha but genuinely reassuring to hear
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Chris King
😂 yeah rough few years but hey the system worked both times. good luck to you
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Admin_Masters
Something else worth knowing: your weekly benefit amount is based on your earnings during a 'base period' which is roughly the first four of the last five completed calendar quarters before you filed. So if you just got fired, your benefit amount will reflect your wages from approximately 12-18 months ago, not your most recent pay. If you got a raise or changed jobs during that period, your benefit amount might be different than you'd expect. EDD's maximum weekly benefit amount in 2025 is $450. You can get an estimate of your benefit amount through the UI Online portal before you even receive a formal determination.
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Lauren Zeb
Author$450 a week maximum seems pretty low honestly given California's cost of living. My rent alone is way more than that.
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Admin_Masters
Yeah it's not designed to fully replace your income, it's meant to be partial wage replacement while you job search. It replaces roughly 60-70% of your prior earnings up to that cap.
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Charlotte White
The base period calculation also means if you were out of work for any period in the last 18 months for any reason, that could affect your weekly amount. Worth checking the portal calculator before you budget around a specific number.
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Rachel Clark
EDDDDDD IS A NIGHTMARE I was fired 2 months ago and still haven't gotten a single payment. my claim has been in adjudication since day one and nobody can tell me what the holdup is. I've called hundreds of times literally. I'm about to lose my apartment
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Matthew Sanchez
I'm sorry you're in this situation - have you tried Claimyr? It's specifically designed for the problem you're describing - getting through to an actual EDD agent when you can't get past the phone system. Go to claimyr.com or watch the quick demo at https://youtu.be/JmuwXR7HA10 - for a claim stuck this long in adjudication, talking directly to an agent is probably the only way to find out what's actually blocking it.
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Rachel Clark
at this point I'll try literally anything. two months is insane. my landlord is not being patient about this
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JacksonHarris
Two months with no movement often means there's a specific unresolved issue on the account that nobody flagged you about. Could be an ID verification hold, an unresponded employer questionnaire, or a pending interview that wasn't scheduled. An agent can usually identify this in about 5 minutes once you actually get one on the phone.
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Zachary Hughes
Quick question kind of related - if you get fired and then you find a new job but it only lasts a couple weeks and you get laid off from that one too, do you file a new claim or go back to the original one?
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Daniel Washington
If your original benefit year is still open (benefit years last 12 months from your filing date), you would reopen your existing claim rather than file a new one. If the benefit year has expired, you'd file a new claim and EDD would determine which base period to use. Reopening is done through UI Online and is usually processed faster than a new claim.
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Zachary Hughes
ok that makes sense. my benefit year should still be open so I'll reopen instead of refiling. thanks
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Admin_Masters
Also worth noting - weeks worked at the new job won't count as weeks you can collect benefits for (obviously), but they won't negatively affect your remaining balance on the original claim either.
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Mia Alvarez
the part about the employer contesting the claim is so real. i was fired and my old boss was VINDICTIVE about it. submitted like a 10 page response to EDD with screenshots and everything. still won my appeal because half of what he submitted wasn't actually related to misconduct under EDD's definition but it added like 3 extra months to the whole process
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Lauren Zeb
Author3 extra months is brutal. Did you have to attend an in-person hearing for the appeal or was it all done by phone?
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Mia Alvarez
appeals are done by phone hearing with the administrative law judge. they mail you a notice with the date and time. you can request more time if you need to gather evidence or find representation.
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Anthony Young
Legal aid organizations in California often help with EDD appeal hearings at no cost to the claimant. If you find yourself at the appeal stage, it's worth looking into whether there's a legal aid society near you that handles unemployment appeals.
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Carter Holmes
wait do you have to tell them WHY you were fired when you certify each week or just when you first file
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Admin_Masters
Only on the initial claim application do you describe the reason for separation. In your weekly certifications you're primarily answering questions about whether you worked, how much you earned, whether you were available for work, and whether you completed your job search activities. The separation issue is handled separately during the adjudication process.
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Carter Holmes
oh ok that's easier than I thought. I was dreading having to explain the whole situation every single week
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Sophia Long
Something I haven't seen mentioned yet - if you had any severance pay, that can affect when your benefits actually start paying. EDD may push back your benefit start date by the number of weeks your severance represents. So if you got two weeks severance, you might have a two week delay before your first payment even after approval. This doesn't reduce your total benefits, it just shifts the timeline.
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Lauren Zeb
AuthorI actually did get a small severance. I had no idea that would affect the timing, definitely need to disclose that correctly on my application.
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Sophia Long
Yes disclose it honestly - EDD will often find out anyway since employers report it and you don't want a fraud issue on top of everything else. It's not a big deal just a timing thing.
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Daniel Washington
Correct - and to be specific, it's not all severance that causes this. If the severance is truly a lump sum with no conditions attached, the rules around it can differ from severance that's structured as continued salary for a period of time. If you're unsure, an EDD agent can clarify how your specific severance package will be treated - another good reason to get someone on the phone if you can.
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Angelica Smith
went through basically your exact situation eight months ago. fired, no writeups, employer claimed I 'wasn't meeting expectations.' I was genuinely terrified I would be denied. got approved in about four weeks, back pay came through for all the weeks I certified. now employed again and honestly the system worked for me even though it was incredibly stressful while I was in it. hang in there
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Lauren Zeb
AuthorThis is exactly what I needed to read today, thank you. Really hope mine goes the same way.
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Angelica Smith
it very likely will. the people who get denied for performance-related terminations are usually the ones where the employer submitted very specific documentation of repeated warnings with signed acknowledgments. no documentation cuts heavily in your favor.
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Aurora Lacasse
also just want to add - use this time productively even while waiting. update your resume, start applying, register on CalJOBS if you haven't. meeting your job search requirements isn't just a box to check, it also puts you in a better position if EDD ever audits your search activities later
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Logan Greenburg
One last thing I want to add for anyone reading this thread later: California EDD has a specific page on their website about eligibility for people who were fired vs. laid off vs. who quit. It's worth reading before you file because the initial application has a section where you describe your separation and how you frame your answer can affect whether you immediately go into adjudication or not. Using neutral, factual language like 'I was terminated by my employer on [date]' rather than anything that implies you did something wrong is the right approach. Also - keep your UI Online account active, check it regularly, and respond IMMEDIATELY to any notices or requests. Delays in responding to EDD can add weeks to your adjudication timeline.
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Lauren Zeb
AuthorThank you everyone in this thread. I've learned more in the last hour than I would have in days of trying to navigate the EDD website. Feeling a lot less panicked now. I'll keep certifying every week, respond to everything immediately, and stay on top of my job search log. Will update when I get a decision.
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Daniel Washington
Good luck - truly sounds like you're in a solid position based on what you've described. And remember, even if the initial determination doesn't go your way, appeals have a meaningful success rate. You have options at every stage.
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Matthew Sanchez
If at any point you're stuck waiting and need to get specific status info from EDD, don't forget about Claimyr at claimyr.com - that phone access can be the difference between knowing what's happening with your claim and just anxiously waiting. Wishing you a quick and smooth approval.
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