If you get fired from your job can you collect unemployment in California?
So I just got let go from my job last Friday and I'm freaking out a little. I'd been working at a mid-size logistics company in the Central Valley for about 2 years and out of nowhere my manager pulls me into a conference room and hands me a termination letter. The official reason they listed was 'performance issues' but honestly I never got any written warnings, no performance improvement plan, nothing documented. HR just handed me my final check and walked me out. I've never filed for unemployment before so I have zero idea how this works. My main question is: if you get fired from your job, can you even collect unemployment in California? I always thought unemployment was only for people who got laid off, not fired. My coworker told me I probably won't qualify because I was terminated, but another friend said it depends on the reason. I went to the California EDD website and started reading but honestly the language is really confusing. Something about 'misconduct' being the determining factor? I make roughly $58,000 a year so I'm trying to figure out what my weekly benefit amount might even look like and whether it's worth going through the whole process. Any help from people who've actually been through this would be amazing.
67 comments

Cameron Black
Yes, you absolutely can collect unemployment if you were fired - the key thing California EDD looks at is WHETHER you were fired for misconduct. If you were let go for performance reasons that weren't your fault, or if the employer can't actually prove you did something intentionally wrong, you have a solid shot at qualifying. 'Misconduct' under California EDD's definition is pretty specific - it means a willful violation of your employer's rules, not just making mistakes or being unable to meet performance standards. The fact that you had no written warnings, no PIP, nothing documented works in your favor if your employer tries to contest the claim.
0 coins
Victoria Jones
AuthorWait so even though it says 'performance issues' on my termination letter I could still qualify? That's actually really encouraging. I was assuming I was automatically disqualified.
0 coins
Jessica Nguyen
This is correct. California EDD makes a distinction between being fired for MISCONDUCT versus being fired for other reasons. Performance problems that weren't intentional usually don't rise to the level of misconduct that would disqualify you.
0 coins
Isaiah Thompson
File your claim ASAP - you have to file within a certain window and every day you wait is potentially a day of benefits you lose. Go to UI Online at portal.edd.ca.gov and start your claim. You'll need your employment history for the past 18 months, your last employer's name and address, your dates of employment, and your reason for separation. When they ask why you were separated, be honest and say you were terminated, then explain in the text box that it was for alleged performance issues and that you received no prior written warnings. California EDD will contact your former employer to get their side and then make a determination.
0 coins
Victoria Jones
AuthorDo I need to have all my pay stubs ready or does California EDD pull that from my employer directly?
0 coins
Cameron Black
EDD gets wage data from your employer's payroll tax records so you don't necessarily need your stubs but it's good to have them handy in case there are discrepancies. Your W-2 would also work.
0 coins
Ruby Garcia
also make sure you certify for benefits every two weeks once your claim is active, if you miss a certification week you might lose those benefits permanently
0 coins
Alexander Evans
I was in almost the exact same boat about eight months ago - fired from a warehouse supervisor position for what they called 'failure to meet productivity benchmarks' and I was terrified I wouldn't get approved. I filed the claim, EDD contacted my former employer, and my claim was actually approved within about 3 weeks because my employer couldn't demonstrate that my performance failures were intentional or that I'd been properly warned and counseled before termination. One thing I'll say though - when you're trying to check on your claim status or if you hit any snags, calling California EDD directly is a nightmare. I spent weeks trying to get through. Someone in another forum recommended Claimyr (claimyr.com) and it was genuinely the only way I got a live EDD agent on the phone. They have a video showing how it works at https://youtu.be/JmuwXR7HA10 - basically it holds your place in the call queue so you're not sitting there redialing for hours. Really helped me get answers when my claim was sitting in adjudication.
0 coins
Victoria Jones
AuthorThis is really reassuring to hear from someone who went through something similar. And yeah I can already tell trying to call EDD is going to be brutal, I'll keep that Claimyr thing in mind if I run into problems.
0 coins
Evelyn Martinez
seconding this - getting through to EDD on the phone is basically a part time job in itself lol
0 coins
Benjamin Carter
Does Claimyr actually work? I've seen it mentioned a few times and always wondered if it was legit or just one of those sketchy third party things
0 coins
Jessica Nguyen
Let me break down how California EDD actually evaluates a termination claim because there's a lot of confusion about this: 1. When you file and say you were fired, EDD sends a Notice of Unemployment Insurance Claim Filed to your former employer 2. Your employer has 10 days to respond and contest the claim if they believe you were fired for misconduct 3. If they contest it, your claim goes into adjudication where an EDD interviewer reviews both sides 4. If they don't respond or can't substantiate a misconduct claim, you'll likely be approved The burden of proving misconduct is actually on the EMPLOYER, not on you. So the fact that you have no documentation of warnings or a performance improvement plan is significant. California courts have consistently held that isolated incidents or performance deficiencies don't constitute misconduct unless they involve intentional wrongdoing.
0 coins
Victoria Jones
AuthorThe part about the burden of proof being on the employer is huge, I didn't know that. My former company is pretty disorganized so I doubt they have much documentation either.
0 coins
Maya Lewis
This is good info but I'd add - even if you get initially denied, you have the right to appeal within 30 days of the determination. So don't give up if the first answer is no.
0 coins
Isaiah Thompson
Correct on the appeal window. Appeals go to an Administrative Law Judge and you get to present your case in person basically. Many people who get denied initially win on appeal especially in situations like this.
0 coins
Isaac Wright
ok but I'm confused - my cousin got fired last year and she applied and got denied immediately, they said it was misconduct. She never even got an interview with anyone at EDD. Is that normal? I thought they were supposed to investigate
0 coins
Jessica Nguyen
Unfortunately that can happen, sometimes the initial determination is made quickly based on what the employer reports without a full adjudication interview. That's exactly why the appeals process exists. If your cousin was denied she should have appealed within 30 days of the denial notice.
0 coins
Isaac Wright
she didn't appeal because she thought denial meant it was final. I feel bad telling her this now
0 coins
Cameron Black
That's a really common misunderstanding. The denial letter should have included appeal instructions but people often don't read through the whole packet when they're already stressed out. Unfortunately after 30 days the appeal window closes.
0 coins
Lucy Taylor
I got fired last year and I was SO scared to even file because I thought it was pointless. Turned out my employer didn't even respond to EDD's inquiry within the 10 day window and I was approved automatically. I cried honestly lol. The whole process took maybe 3 weeks from filing to first payment.
0 coins
Victoria Jones
AuthorThis gives me so much hope omg. My former company is pretty chaotic so honestly they might not even respond.
0 coins
Lucy Taylor
fingers crossed for you!! even if they do respond and your claim goes to adjudication it's not the end of the world, just takes longer
0 coins
Connor Murphy
can someone explain what adjudication even means in simple terms? I see this word everywhere and I've been on unemployment for 6 months and I still don't fully get it
0 coins
Cameron Black
Adjudication basically means your claim has an issue that needs to be reviewed and resolved before benefits can be paid. It's like your claim is on hold while an EDD interviewer looks into it. It can happen for lots of reasons - separation from work being contested by employer, questions about whether you were able and available to work, issues with your identity verification, etc.
0 coins
Connor Murphy
oh ok that makes more sense. I went through adjudication twice and both times I got approved eventually just took forever
0 coins
Jessica Nguyen
To add to that - when your claim is in adjudication EDD should mail you a notice explaining what specific issue is being reviewed. If you never received that notice that's worth calling in about to find out what's actually being questioned.
0 coins
KhalilStar
Real talk the California EDD system is absolutely broken. I got fired 'for cause' from a job where my manager literally had it out for me from day one, documented every tiny mistake, and EDD just took the employer's word for it without even speaking to me. Denied on first submission. I appealed and won but it took FIVE months to get a hearing date and by that point I'd already burned through my savings and had to borrow money from family. The system is designed to make you give up.
0 coins
Victoria Jones
AuthorFive months is terrifying. Did you continue certifying for benefits the whole time during the appeal even though you were denied?
0 coins
KhalilStar
YES this is so important - you should absolutely continue filing your weekly certifications even during an appeal because if you win you'll be paid back benefits for those weeks. If you stop certifying you lose those weeks forever even if your appeal succeeds.
0 coins
Maya Lewis
This is critical information. DO NOT stop certifying just because you got a denial. Keep filing every two weeks no matter what.
0 coins
Amelia Dietrich
Your weekly benefit amount is going to be calculated based on your highest earning quarter in your base period (the first four of the last five completed calendar quarters before you filed). At $58k annual salary your weekly benefit should be somewhere in the range of $450-$500 per week, up to a maximum of $450 which is actually the current California max WBA. The formula is roughly 60-70% of your average weekly wages but it's capped. Actually let me correct that - California's maximum weekly benefit amount is $450 but they're calculating based on your wages, so depending on your actual quarterly earnings the formula might put you near or at that cap.
0 coins
Victoria Jones
AuthorSo $450/week is the maximum? That's less than I was hoping but it's definitely something while I figure out my next move.
0 coins
Jessica Nguyen
The maximum WBA is set periodically - worth verifying the current maximum on the EDD website as it does get adjusted. But the base period calculation formula explanation here is accurate.
0 coins
Benjamin Carter
Something nobody mentioned yet - when you fill out the claim and describe why you were fired, write a clear factual account. Don't editorialize or badmouth your employer even if they deserve it. Just say: 'I was informed my employment was terminated effective [date] due to alleged performance issues. I received no written warnings, no performance improvement plan, and no prior notice that termination was being considered.' Keep it factual and specific.
0 coins
Victoria Jones
AuthorThis is really practical advice, thank you. I was going to just write a whole rant about how unfair it was but you're right, keeping it clinical is smarter.
0 coins
Benjamin Carter
Exactly. EDD interviewers read thousands of these. Emotional language doesn't help your case, specific facts do.
0 coins
Ruby Garcia
also keep a copy of everything you submit and note the date you submitted it. If there are any disputes about what you reported having the documentation helps a lot
0 coins
Kaiya Rivera
I just want to say I'm going through this exact thing RIGHT NOW and this thread is the most helpful thing I've found. I was fired two weeks ago and I've been paralyzed with anxiety about filing because I thought being fired automatically disqualified you. Filing today.
0 coins
Victoria Jones
AuthorWe're in this together! Good luck, hope we both get good news.
0 coins
Cameron Black
Good luck to both of you. The most important thing is to file and let the process work. Don't let fear of denial stop you from at least trying.
0 coins
Lucy Taylor
rooting for you both!!
0 coins
Alexander Evans
One thing to watch out for - after you file your claim and while it's being processed, you need to meet the job search requirements. California requires you to make at least three job search contacts per week and log them. You need to register on CalJOBS as well. A lot of people get tripped up because they think they can just wait for the determination before starting their job search activities but technically you're supposed to be doing them from week one of your claim.
0 coins
Victoria Jones
AuthorWait I didn't know about CalJOBS - do I have to register on there separately from the EDD claim portal?
0 coins
Alexander Evans
Yes, CalJOBS (caljobs.ca.gov) is a separate registration. EDD may require proof you're registered there, especially if you get called in for a reemployment appointment. It's also just useful for actual job searching.
0 coins
Connor Murphy
I didn't register on CalJOBS until like my 3rd month and nothing happened but I know some people get flagged for it so probably better to just do it right away
0 coins
Ruby Garcia
When I got fired I was also super confused about the process. The thing that really helped me was calling EDD to ask questions BUT getting through was genuinely impossible - I'm talking 2 hours of busy signals and getting disconnected. My sister actually found Claimyr and told me to try it. You go to claimyr.com and there's a video demo at https://youtu.be/JmuwXR7HA10 that shows you exactly what it does. Long story short I got connected to an actual EDD agent within a reasonable time and got all my questions answered about my termination claim. Way better than the alternative of just never reaching anyone.
0 coins
Benjamin Carter
Is Claimyr the one where they basically call for you and connect you when an agent picks up? I think I've heard of this
0 coins
Ruby Garcia
Yeah that's basically the concept - instead of you sitting there redialing yourself it handles the queue for you. For something like a termination where you have specific questions about your eligibility it's actually worth it just to get a human on the phone.
0 coins
Kaiya Rivera
Saving this for when I inevitably can't get through on my own lol
0 coins
Evelyn Martinez
Genuine question - does it matter what industry you work in? Like does EDD treat terminations from warehouse jobs differently than office jobs or tech jobs? Asking because I've heard some employers have more pull with EDD
0 coins
Jessica Nguyen
No, the legal standard for misconduct is the same regardless of industry. What can differ is how well employers in certain industries document disciplinary processes - larger corporations tend to have more HR documentation which can go either way (either well-documented misconduct OR well-documented failure to follow progressive discipline). Smaller companies often have less documentation which tends to benefit employees.
0 coins
Evelyn Martinez
interesting, I always assumed the big companies had more influence somehow
0 coins
Maya Lewis
For OP and anyone else reading this - after your claim is approved and you start receiving payments, your former employer can still go back and try to get a redetermination if they believe you were overpaid. This is rare but it happens. Also make SURE you report any freelance or part-time income you earn while receiving benefits. Unreported earnings that EDD discovers later turn into overpayment notices which are a whole separate nightmare you do not want.
0 coins
Victoria Jones
AuthorGood point about reporting income - I was thinking about doing some freelance work while I job hunt. So I report it during my weekly certification and it just reduces my benefit that week?
0 coins
Maya Lewis
Exactly - partial week earnings reduce your benefit but don't necessarily eliminate it entirely depending on how much you earn. The formula is a little complex but EDD walks you through it during certification. The key is just to always report honestly.
0 coins
Isaiah Thompson
The overpayment process is brutal to deal with so this warning is worth heeding. EDD cross-references with employer wage reports so unreported income almost always gets caught eventually.
0 coins
Katherine Ziminski
mines been in adjudication for 6 weeks after I got fired and I literally cannot get anyone on the phone to tell me whats going on. did everyone else wait this long or is something wrong with my claim
0 coins
Cameron Black
Six weeks is on the longer end but not unheard of especially if your former employer contested the claim. You should have received a Notice of Potential Issues letter from EDD - did you get anything by mail?
0 coins
Katherine Ziminski
I got a letter like 4 weeks ago saying they needed more info about my separation but I already submitted everything they asked for online. I guess they're just reviewing it still??
0 coins
Ruby Garcia
If you submitted the requested info and haven't heard back, try Claimyr to get an actual phone agent - claimyr.com - because at 6 weeks with a response submitted you really do need a human to look at your claim and confirm they received everything and where it stands. I was in a similar limbo and calling in is the only way to actually move things along sometimes.
0 coins
Noah Irving
something that helped me was keeping a journal of everything - dates I filed, dates I certified, what letters I received and when, any calls I made and what was said. When I eventually had to appeal I had everything organized and the ALJ actually commented on how well I had documented everything
0 coins
Victoria Jones
AuthorThat's a really smart idea. I'm going to start a spreadsheet tonight actually.
0 coins
Noah Irving
Spreadsheet is even better honestly. Include the EDD document number from each piece of correspondence too
0 coins
Isaiah Thompson
To wrap back to the original question for anyone who finds this thread later via search: yes, you CAN collect California unemployment if you were fired. Being fired does not automatically disqualify you. You are only disqualified if EDD determines you were fired for MISCONDUCT as specifically defined under California Unemployment Insurance Code. This includes things like intentional violations of employer rules, dishonesty, insubordination, or serious violations of workplace policy. It does NOT include performance problems, inability to meet standards, poor fit, mistakes made in good faith, or personality conflicts. File your claim, be honest about what happened, let the process work.
0 coins
Victoria Jones
AuthorThank you for this summary. I filed my claim this morning. Feeling a lot more confident about it than I did yesterday.
0 coins
Kaiya Rivera
I filed mine this afternoon. This thread genuinely changed my whole understanding of how this works.
0 coins
Lucy Taylor
Good luck to everyone in here who's going through it right now 💙
0 coins