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NebulaNomad

When you get fired from a job can you collect unemployment in California EDD?

So I got let go from my warehouse job last Friday and I'm honestly not sure where I stand. My supervisor said I was being terminated for "not meeting performance standards" but I genuinely feel like they set me up to fail - kept changing the quota targets every week and never gave me written warnings or anything. A coworker told me I probably can't get unemployment if I got fired but that doesn't sound right to me. I've been at this company for almost two years, paying into the system the whole time, and now I'm suddenly supposed to just be out of luck? I went to look it up online and I'm getting conflicting info everywhere. Can someone who actually knows how this works in California tell me what the real deal is? Do I even bother applying or am I wasting my time?

Performance quota stuff and no written warnings - honestly your situation sounds worth applying for. The way California EDD looks at it, getting fired doesn't automatically mean you're disqualified. EDD has to decide whether what happened counts as misconduct, and that's on your employer to prove, not on you to prove you didn't do it. File right away through myEDD at https://myedd.edd.ca.gov/ because your claim starts from the Sunday of the week you apply - waiting around costs you money.

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Wait so they actually have to prove I did something wrong? I thought it was the other way around and I had to prove I deserved benefits.

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EDD's own language on firings is basically: the employer has to show misconduct happened. Missing performance targets without clear documentation of what was required and what the expectations were - that's a tougher case for your employer to make than, say, you deliberately breaking a rule you knew about.

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Filed the same week I got my termination letter and was really glad I didn't wait. The system asks for your last employer's full address and your last day, have that ready.

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Termination paperwork sitting on my kitchen counter right now - went through almost this exact thing six months ago. Filed online and EDD scheduled a phone interview because there was a question about why I lost the job. Used Claimyr (claimyr.com) to get through to a live EDD agent beforehand because I had questions and couldn't get anyone on the phone at 1-800-300-5616. They walk you through the hold so you end up talking to an actual agent - there's a video on their site showing how reaching a live person at EDD works: https://youtu.be/JmuwXR7HA10. The agent I talked to pulled up my account and confirmed which weeks were showing as pending and that the interview had been scheduled - the date and time were also on my UI Online homepage. At the interview itself I explained the situation and EDD sent me a Notice of Determination after.

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How long did all of this take from when you first applied to actually getting paid?

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About three weeks from the day I applied to seeing the first payment. The first certification usually covers the waiting week and then one paid week, so the first deposit is for one week even though you certify for two.

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DE 4800 is the notice that has the interview time on it - keep that letter, the UI Online homepage also shows the time but good to have both.

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Your coworker is wrong and it's a super common misconception. Getting fired doesn't automatically cut you off from benefits - what matters is WHY you got fired. There's a real difference between getting let go because your numbers were down versus getting caught stealing or intentionally ignoring safety rules. Performance issues where the employer kept moving the goalposts sounds like it could land in your favor, but EDD makes that call after talking to both you and your former employer.

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everybody thinks fired = no benefits and that's just not true, so many people don't even apply when they should

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So EDD actually contacts my old employer too? Do I need to worry about what they're going to say?

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EDD notifies your last employer when you file and gives them a chance to respond. They have 10 days from the date on the notice EDD sends them. That's literally why the phone interview exists - EDD hears from both sides before deciding. Just be straightforward about what happened with the quotas.

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Apply NOW regardless of how you feel about your chances. Waiting even a few days is real money out of your pocket because the claim goes back to the Sunday of the week you file, not the day you got fired. Even if EDD has questions about your case and puts it in adjudication, you need to have an active claim for any of those weeks to eventually get paid. Don't let the uncertainty talk you out of applying.

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What's adjudication exactly? I've seen that word a few times now.

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Adjudication just means EDD has an open question about your eligibility - usually why you lost the job. When it shows up it means they haven't decided yet, not that you're denied. The phone interview is how they work through it.

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Had adjudication pending for almost four weeks after my interview and then the determination came and I was approved. Pending doesn't mean denied.

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The quota situation you described is actually really relevant for your interview. EDD is going to ask you specifics - when the targets changed, whether you were given notice, whether there was any progressive discipline. Write down a timeline now while it's fresh. Dates, what your supervisor said, whether anything was in writing. You won't have that paperwork in front of you during the phone interview so getting it into your memory now is worth doing.

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Should I bring up that they never gave me written warnings? Or does that make me look like I'm making excuses?

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Absolutely bring it up - it's factually relevant. The absence of documented warnings goes to whether this was misconduct in the EDD sense or just a performance situation. You're not making excuses, you're giving EDD the information they need to make a fair decision.

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My termination had no written warnings either and EDD approved my claim. Tell the interviewer everything factual you remember.

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ok so I keep seeing people talk about the phone interview but I'm confused - is that the same thing as an appeal? Because someone told me if I get denied I have 30 days to appeal but I don't know if the phone interview is part of that or separate

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Those are two completely different things. The phone interview happens before EDD makes any decision - it's how they gather information when there's a question about why you lost your job. An appeal is what you file AFTER you get a Notice of Determination and you disagree with what it says. You'd have 30 days from the mailing date on that notice to appeal in writing using the DE 1000M form that comes with it.

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oh ok that makes way more sense. so the interview comes first then they decide and THEN you can appeal if you don't like it

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Exactly right. And you keep certifying the whole time - during the interview waiting period, during the appeal if it comes to that - because EDD can only pay weeks you actually certified for.

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Something worth knowing about the actual phone interview: the notice they send (DE 4800) lists out the questions they're likely to ask. It tells you the specific date and time the interviewer will call and also shows up on your UI Online homepage. Keep your phone with you and answered at that exact time - if you miss it you need to phone EDD that same day, otherwise they'll make a determination based only on whatever your employer told them.

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What number do they call from? I want to make sure I don't accidentally ignore it thinking it's spam.

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EDD doesn't publish a specific number for interview calls that I know of - best move is to answer any unknown California number during that window. If you're genuinely worried, noting the time on the DE 4800 helps because you know exactly when to expect it.

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i answered mine on the second ring because i was paranoid about missing it lol, the whole thing took maybe 20 minutes

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EDD Unemployment Benefit Calculator on their site can give you a rough idea of what your weekly amount might be based on your past earnings, before you even get the official notice. Your actual weekly benefit amount will be on the Notice of Unemployment Insurance Award (DE 429Z) that comes in the mail a couple weeks after you apply. California goes from $40 to $450 a week max.

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$450 max feels really low for someone who was making decent money. Is that really the ceiling?

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That's the current cap, yes. It's based on your highest earning quarter in your base period. It's not meant to fully replace your income, more like a partial cushion while you look for work.

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I was bummed about the max too when I first saw it but it's definitely better than zero while the job search is going. Keeps the lights on.

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Real talk about the work search part that people skip over - once you're approved and certifying, you need to be actively looking for work every week you claim benefits. EDD doesn't publish a specific number of contacts you have to make but keeping notes on where you applied and when is just smart because if EDD ever asks you want to have an answer. Also CalJOBS registration is required for most claimants within 21 days of getting the registration notice (DE 8405).

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wait do you have to register on CalJOBS even if you're already applying to jobs on your own?

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If EDD sends you that DE 8405 notice, yes, you have 21 days from the date on it to register at caljobs.ca.gov and post a resume. EDD will tell you if you're exempt. Missing the deadline can stop payments which you really don't want.

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I had no idea about CalJOBS. This is why I'm glad I asked before just winging it.

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Had a firing situation last year where my employer tried to frame it as misconduct. What actually saved me was just being specific during the interview - not emotional, just factual. The EDD interviewer asked me detailed questions and gave me plenty of time to explain. After it was done the determination came by mail and I was approved. Didn't need a lawyer or anything fancy.

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How long after your interview did you get the determination?

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About two weeks after the interview, maybe a little less. The pending status in UI Online Claim History stayed until the determination came through.

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two weeks is pretty normal from what I've seen people say here

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My first week trying to reach EDD after applying was a nightmare - kept getting disconnected or just hold music forever. Final check on my last paycheck was late and I needed to know if I should report that dollar amount for the week I received it or the week I actually earned it. Ended up using Claimyr to get through to an EDD agent. The agent told me wages get reported for the week they were EARNED, not when the check hits your account - so the late check still counted against that last week of work, not the week I got paid. That cleared up something I would have definitely reported wrong.

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Oh that's actually really useful - I have a last paycheck situation too. So it's always the week you did the work, not when you get paid?

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That's what the agent confirmed for my situation. Report wages for the week you earned them, even if the actual payment came later.

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This is one of those things that trips a lot of people up and can cause overpayment problems down the road. Getting it right from the start matters.

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Eight weeks into my claim right now and certifying every two weeks is pretty low effort once you get the hang of it. You just answer questions about whether you worked, your earnings if any, and whether you were able and available for work. The two-week cycle felt confusing at first but UI Online walks you through it. First certification usually starts about two weeks after EDD processes your application.

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is the first certification really two weeks after applying or does it depend? I keep seeing different timelines

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About two weeks after EDD processes the application, not the day you apply - processing itself takes around three weeks total before the first payment usually. The whole thing feels slow but it moves.

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First payment always feels like it takes forever and then suddenly it's just normal routine

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JUST TO ADD because I saw someone mention this - unemployment benefits are NOT deducted from your paycheck. I know people always say 'I paid into unemployment' but that's not how it works in California. Your employer pays the UI tax, not you. What comes out of your check for SDI covers disability and paid family leave, completely different program. Doesn't change whether you should file but worth knowing so you understand what you're entitled to.

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i always thought that SDI deduction was for unemployment, TIL

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Super common mix-up. The CASDI line on your paystub is specifically for disability and paid family leave. The unemployment insurance tax is on the employer side only.

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The first certification you do after getting approved usually covers the waiting week and one paid week - EDD has a mandatory one-week unpaid waiting period on every claim. So even though you certify for two weeks at once, the first payment is typically for one week. It doesn't reduce what your claim can ultimately pay, it's just the first week of every claim is unpaid. After that you get paid for both weeks of each certification period.

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So I'll get paid for one week the first time and then two weeks at a time after that? Just want to make sure I'm budgeting right.

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That's the typical pattern, yes. Though the exact timing can vary - but planning for one paid week in your first deposit is smart budgeting.

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Got caught off guard by that waiting week thing, really wish someone had told me before the first certification

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Applied to a few positions at a competitor the same week I got let go from my last job. DE 429Z came in the mail confirming my weekly amount. The other thing I'll say is EDD reaching out to your old employer is not necessarily bad - in my case the employer actually didn't respond within their window and EDD moved forward based on my information. Employer response or no response, EDD still makes the call.

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This is a good point. An employer that doesn't respond to EDD's notice within 10 days loses the ability to appeal EDD's decision. So sometimes no response from them is actually fine for the claimant.

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I hadn't even thought about what happens if they don't respond. That's actually reassuring.

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Switched to direct deposit through myEDD after my first week because I wanted faster access than waiting to see if the Money Network card came. Payments usually post within 24 hours of certifying online either way. Payment info is also updated daily in UI Online under the Payments section and you can check by phone on 1-866-333-4606 anytime, that line runs 24 hours.

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wait is there a Money Network card? I thought it was Bank of America still

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Bank of America ended their EDD contract - it's Money Network now for anyone getting the prepaid debit card. You can also set up direct deposit or paper check through myEDD if you prefer that over the card.

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Switched to direct deposit immediately when I filed because I didn't want to deal with a card at all, works fine

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The DE 429Z that arrives in the mail is not an approval - I want to be clear about that because I made the mistake of thinking the award letter meant I was definitely getting paid. That letter just tells you what the claim COULD pay if EDD decides you're eligible. The actual eligibility decision for a fired-for-misconduct situation comes after the interview. You'll know you're approved when the weeks start showing as paid in UI Online.

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I would have definitely misread that letter as approval, good to know. So I'm looking for the payments to show up in UI Online, not waiting for a separate approval notice?

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Exactly. If you're approved, the weeks you certified for start showing as paid. If denied, you get a Notice of Determination (DE 1080CZ) with an appeal form (DE 1000M) attached. You have 30 calendar days from the mailing date on that notice to appeal in writing.

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And if you do appeal, keep certifying through the whole process. The only weeks CUIAB can order EDD to pay are weeks where you actually certified.

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DE 1080CZ notice showed up in my mailbox two weeks after my interview - mine was a denial. I appealed using the DE 1000M that came with it, wrote a letter explaining everything I remembered about how the quota changes were handled, and sent it to the address on the notice. Heard back with a hearing date at least 10 days before the actual date. Ended up representing myself at the hearing in front of an administrative law judge and explained the whole sequence. Telling it in a clear order helped more than anything.

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How did it go? Did you win the appeal?

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The judge's written decision came by mail after and it went in my favor. The employer's side couldn't back up the misconduct claim with any real documentation. If you do end up needing to appeal, the hearing isn't as intimidating as it sounds - you're under oath but it's conversational.

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This whole thread has really useful info. OP, your situation from your description genuinely sounds like one worth pursuing all the way through - file, do the interview, see what EDD decides before you give up on anything.

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Weekly benefit amount question that might also apply to OP - my employer switched me from full time to part time the month before I was finally let go, so my last quarter of earnings was lower. Someone here told me EDD would use the standard base period which is the first four of the last five completed calendar quarters. That lower quarter did factor in since it fell within that window. EDD automatically checks if the alternate base period would make a valid claim when standard doesn't work - but it doesn't bump up your weekly amount if you're already eligible under the standard. Just wanted to flag this in case you had any similar wage fluctuations.

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This is accurate. The alternate base period is a fallback for people who don't qualify under the standard one - EDD runs it automatically, you don't have to ask for it. But if you already have a valid claim under the standard base period the alternate doesn't change your weekly amount.

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I had pretty steady hours and pay the whole time I was there so hopefully my base period is straightforward. Good to know that's how it works though.

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Last paycheck from my retail job had vacation payout included and I wasn't sure whether to report it when certifying. Used Claimyr to reach an EDD agent who pulled up my account and confirmed the vacation payout needed to be reported for the week it was earned. Agent said EDD decides how those earnings affect my payment for that week. That cleared up a lot of confusion because I'd heard conflicting things about whether vacation pay even matters.

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So basically report everything and let EDD sort out how it affects the payment?

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That was my takeaway from the conversation. Report wages for the week they were earned and EDD handles the math. The UI Online Report Wages section can help you work out a week's earnings before certifying too.

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Overpayments from under-reporting are a real headache to deal with later. Reporting everything accurately from the start is always the right call.

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Two months in on my claim after a termination situation similar to yours - honestly the anxiety before applying was worse than the process itself. EDD is not trying to trick you. The phone interviewer I talked to was straightforward and listened to my full explanation. Apply today, verify your identity through ID.me when prompted, have your last employer's information ready including their full address, and just answer everything honestly. The process works if you work it.

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This is probably the most reassuring thing in this whole thread. I'm going to apply today.

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Good. The claim starts from Sunday of the week you apply - today is worth more than waiting until Monday to think about it more.

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genuinely rooting for a good outcome, the quota situation you described doesn't sound like misconduct to me but EDD decides, good luck with the interview

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