Will I get unemployment if I was fired from my job in California?
So I got fired from my warehouse job last Tuesday and I honestly don't know what to do next. My supervisor said it was for 'performance issues' but I genuinely feel like the whole situation was blown out of proportion and I was never given a real chance to fix anything. Nobody sat me down with a proper warning or gave me a performance improvement plan or anything like that - it just kind of happened suddenly. I filed a claim with California EDD like two days after I was let go because I need income ASAP - rent is due in three weeks and I have zero savings buffer. But now I'm freaking out reading stuff online saying that if you get fired you automatically get denied or that EDD will side with the employer no matter what. Is that actually true?? I've heard terms like 'misconduct disqualification' being thrown around and I have no clue if that applies to my situation. I didn't steal anything, didn't show up drunk, didn't get into a fight - I literally just apparently wasn't hitting production targets that I didn't even know existed until after the fact. Has anyone been through something like this and actually gotten approved? Really need some honest answers here.
65 comments

Grace Thomas
First thing you need to understand - getting fired does NOT automatically mean you'll be denied unemployment in California. California EDD looks at the specific reason why you were fired, not just the fact that you were fired. The key legal distinction is whether your termination involved what's called 'misconduct' under California unemployment law. Misconduct in the legal sense means you deliberately violated a material duty of your employment - things like intentional rule-breaking, theft, harassment, showing up intoxicated, stuff like that. Poor performance by itself, especially if you weren't given clear standards or warnings, generally does NOT qualify as misconduct. So based on what you're describing - not meeting production targets you weren't clearly informed about - you actually have a decent shot at being approved. When California EDD investigates your claim, they'll contact your former employer and ask them to explain why you were let go. Your employer will need to demonstrate misconduct occurred. If they can't prove that, EDD typically sides with the claimant. Make sure you're completely honest in your responses and document everything you remember about how the termination went down.
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Justin Chang
AuthorThis is so reassuring to read, thank you. So basically the burden is on my employer to PROVE I did something intentionally wrong? Because I genuinely was trying my best every single day.
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Hunter Brighton
This is accurate. The technical standard under California Unemployment Insurance Code section 1256 is basically that misconduct has to involve a willful or wanton disregard of the employer's interests. Just not being great at the job doesn't meet that bar in most cases.
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Dylan Baskin
yeah what they said lol, i got fired too and thought i was screwed but got approved after like 5 weeks
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Lauren Wood
ok so the other person is right but i wanna add - document EVERYTHING right now while its fresh. like write down: - exactly what your supervisor said when they fired you - whether you ever got any written warnings - whether they ever showed you the production targets in writing - any witnesses who saw your work environment EDD is gonna send you and your employer a questionnaire called a DE 4800 asking for your side of the story. you need to be super specific and factual in that. dont be emotional or defensive, just state the facts of what happened and what you did or didnt know about the standards
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Justin Chang
Authorwait what is the DE 4800? is that like a form they mail me or something i have to log into UI online to fill out?
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Lauren Wood
they usually mail it to your address on file but it can also show up in your myEDD inbox online - check both. and respond FAST, i think you have like 10 days
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Ellie Lopez
THIS. i cannot stress enough how important it is to respond to that form. my cousin ignored it thinking EDD already had all the info and got denied and then had to appeal the whole thing which took months
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Chad Winthrope
Going through something really similar right now and I've been trying to get through to an actual EDD agent to ask about my claim status after submitting everything. The phone lines are absolutely brutal - been trying for two weeks straight and keep getting that 'call volume too high' message and getting disconnected. Someone in another thread mentioned a service called Claimyr that helps you actually get through to a live EDD agent without sitting on hold for hours. I was skeptical at first but I checked out their site at claimyr.com and watched their demo video at https://youtu.be/JmuwXR7HA10 and it actually made sense. Used it yesterday and got connected to an EDD rep within like 40 minutes. The agent was able to confirm my claim was in adjudication and tell me roughly what to expect next. Honestly wish I'd found it two weeks ago.
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Justin Chang
Authoromg I've been trying to call EDD for days too and can't get through to anyone. Is Claimyr actually legit? Like you really got through to someone?
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Chad Winthrope
yes 100% legit - it's not some scam, they actually just hold your place in line essentially and call you back when an agent is available. the agent I spoke to was a real EDD employee and everything. go to claimyr.com and check it out
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Paige Cantoni
I've seen this recommended a bunch of times in different forums. EDD phone access is such a nightmare, anything that actually works is worth knowing about
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Kylo Ren
I work in HR (not for your company obviously lol) and can give you some perspective from the employer side. When EDD contacts a former employer about a fired employee's claim, a lot of companies honestly don't even bother responding in detail or just submit generic paperwork. If your employer doesn't clearly establish misconduct with documentation, EDD defaults toward approving the claim. The fact that you say there was no formal PIP or written warnings actually works in your favor. Companies that have a proper paper trail of disciplinary actions and clear performance standards communicated in writing are much more likely to successfully contest a claim. If your employer was sloppy about documentation, that's their problem not yours.
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Justin Chang
AuthorThat's actually really interesting context, I had no idea that's how it worked from the employer side. My company was pretty small and informal about everything honestly.
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Nina Fitzgerald
This matches my experience. Got fired from a small startup and they had zero documentation of anything. EDD approved my claim within 3 weeks.
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Jason Brewer
not always true tho, i had tons of documentation in my favor and still got denied first time around. EDD is unpredictable
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Kiara Fisherman
CAN WE TALK ABOUT HOW LONG THIS ALL TAKES THOUGH. even if you get approved eventually you're still looking at weeks with zero income while they figure it out. i was fired in a somewhat similar situation - 'performance' they said - and it took california EDD over 6 weeks to process everything and send me my first payment. SIX WEEKS. meanwhile I'm bleeding through my savings and maxing credit cards just to survive. the adjudication process when theres any kind of employer dispute is just brutal. they say 3-5 weeks but in my experience that's a best case scenario
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Justin Chang
Author6 weeks oh my god. I have maybe 3 weeks before I'm in serious trouble financially. Is there anything that can speed up the process?
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Grace Thomas
Unfortunately there's not much that speeds it up significantly. The best things you can do are: respond to all EDD correspondence immediately, make sure your contact info is current, keep filing your weekly certifications every week even while in adjudication (you'll get backpay when approved), and if you have an urgent financial hardship you can sometimes request expedited review but there's no guarantee on that.
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Kiara Fisherman
yeah what they said - keep filing weekly certs no matter what. i made the mistake of stopping because i thought why bother if its going to get denied, and then i had to go back and certify for all those missed weeks which was a whole other headache
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Dylan Baskin
so wait i'm confused about something - if EDD decides it WAS misconduct do you just automatically get nothing?? or is there like an in between
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Hunter Brighton
If EDD issues a misconduct disqualification under UI code 1256, you're disqualified from benefits for the duration of that benefit year basically, unless you go back to work and earn enough wages to essentially 'purge' the disqualification. But you have the right to APPEAL that decision within 30 days of the notice date. Appeals go to the California Unemployment Insurance Appeals Board (CUIAB) and you get an actual hearing with an administrative law judge where you can present evidence and testimony.
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Dylan Baskin
oh okay so theres still a chance even if they deny you first
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Justin Chang
AuthorThis is good to know. I really hope it doesn't come to that but at least knowing there's an appeals option makes me feel slightly less panicked
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Liam Cortez
just wanted to share my experience because it sounds similar - I was fired for 'not meeting expectations' from a retail job last year. Got a questionnaire from EDD, filled it out explaining I never received proper training or clear goals, employer apparently just submitted a one-sentence response. Got approved for UI benefits about 4 weeks later. The weekly benefit amount ended up being $387 based on my wages. Just keep your head up and be thorough when you respond to EDD.
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Justin Chang
AuthorThank you for sharing this! Gives me real hope. Did you have to do anything special or just fill out the form honestly?
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Liam Cortez
honestly just filled it out thoroughly and honestly. I think I wrote like 3 paragraphs explaining the situation clearly without getting emotional or accusatory. Just facts.
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Ellie Lopez
This is the way. Keep it factual and specific. EDD adjudicators are reading like 50 of these a day, they don't need drama, they need clear facts that show there was no intentional misconduct
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Nina Fitzgerald
One thing nobody has mentioned yet - you need to register with CalJOBS (California's job search portal) AND you need to be actively looking for work starting from week one. California EDD requires you to document job search activities - typically 3 employer contacts per week. Keep a log of every job you apply to with dates, company names, position titles, and how you applied. This is separate from whether you'll be approved. Even if they approve your claim for the fired situation, you can lose benefits going forward if you're not meeting the ongoing job search requirements.
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Justin Chang
AuthorWait, I have to be looking for work even WHILE my claim is in adjudication and I don't know if I'm approved yet??
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Nina Fitzgerald
Yes, absolutely. Act as if you're approved from day one. File your weekly certifications, document your job searches, everything. If you stop doing those things and then get approved, you've forfeited those weeks.
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Paige Cantoni
ugh why doesn't EDD just TELL people this clearly when they file. i've seen so many people lose out on weeks of benefits because they didn't know to keep certifying during adjudication
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Savannah Vin
i'm gonna be the honest voice here - it really depends on your specific employer and what they tell EDD. I was fired for 'attitude problems' which sounds vague like your situation and I got denied first round. My employer apparently submitted emails where I had argued back with a manager. EDD decided that counted as misconduct. I'm currently in appeals. I'm not trying to scare you I just don't want you to assume you'll definitely get approved because that's not guaranteed. Prepare for both outcomes.
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Justin Chang
AuthorNo I appreciate the honesty. Are you feeling okay about your appeal? What's that process like?
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Savannah Vin
it's a lot. you have to file the appeal within 30 days of your denial notice, then wait weeks for a hearing date, then appear (can be by phone now which is better) before an administrative law judge and basically argue your case. I hired an attorney for mine which cost money but apparently it helps. we'll see.
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Hunter Brighton
For what it's worth, claimants are allowed free representation through some legal aid organizations for CUIAB hearings if cost is a concern. Bay Area Legal Aid, Bet Tzedek in LA, and others offer this service.
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Mason Stone
while this thread is going - does anyone know if theres a difference in how EDD treats being fired from a full time job vs part time? I was let go from a part time gig i'd had for 8 months and i'm not sure if i even qualify
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Grace Thomas
Your hours and wages determine eligibility, not full-time vs part-time status. You need to have earned at least $1,300 in your highest-earning quarter of your base period, OR at least $900 in your highest-earning quarter AND total base period wages of 1.25x that high quarter amount. Part-time workers can absolutely qualify if they earned enough.
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Mason Stone
oh interesting, i think i probably qualify then, thanks
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Dylan Baskin
yeah i had a friend who worked part time at a coffee shop for like 6 months and got approved for UI after being let go, it was only like $180 a week but it was something
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Makayla Shoemaker
Something that really helped me when I was dealing with EDD after a termination dispute was actually getting a live agent on the phone to explain my specific situation before the adjudication was finalized. I found out about Claimyr through a coworker - you can check it out at claimyr.com - and it got me connected to an EDD agent without the endless hold music nightmare. The agent I spoke with actually walked me through what information would be most helpful to include in my response to the questionnaire. That kind of personalized guidance from an actual EDD employee was way more useful than just guessing based on online forums.
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Justin Chang
AuthorWait, EDD agents will actually help walk you through how to answer the questionnaire? I thought they'd just be like 'we can't give legal advice
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Makayla Shoemaker
They can't tell you what to write word for word but the one I spoke to explained what specific things they look for when evaluating misconduct claims and what kind of details are relevant vs not. It was actually super helpful context.
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Kylo Ren
This is a genuinely good use of that service. Getting procedural guidance from an actual EDD rep before submitting your response could make a real difference in how your adjudication goes.
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Christian Bierman
ok real talk - the performance vs misconduct distinction matters SO MUCH and i feel like EDD's own website doesn't explain it well at all. I went through this exact scenario and the key thing my appeal judge told me was: did you KNOW what was expected and CHOOSE not to do it? or did you try your best and fall short? the first one can be misconduct. the second one is not. the fact that you didn't know about the production targets until after the fact is really important - write that down in your questionnaire response in plain clear language
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Justin Chang
AuthorThis framing is really helpful. 'Did you know and choose not to' vs 'did you try and fall short' - I'm going to use exactly this to structure my written response.
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Christian Bierman
good. and if you have any emails or texts or slack messages that show you were working hard or asking questions about expectations, screenshot all of those now. anything that shows you were making good faith effort
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Ellie Lopez
This is genuinely the clearest explanation of the misconduct standard I've seen on here. Should be pinned honestly.
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Emma Olsen
my sister just went through this whole thing. she was fired from a restaurant for 'not being a good fit for the team' which is basically nothing as a reason. EDD approved her. she said the hardest part was just the waiting and not knowing. she also said calling EDD was completely impossible, kept getting hung up on, and someone suggested she try Claimyr at claimyr.com to actually get through. she got through and they told her her claim was just pending standard processing and she wasn't flagged for anything, which massively reduced her anxiety even though nothing had actually changed lol
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Justin Chang
AuthorNot a good' fit being approved is really encouraging. And I can relate to the anxiety - not knowing is almost worse than a denial in some ways because at least a denial you can do somethingabout
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Emma Olsen
right?? she said once she knew it was just normal processing and not some special hold or investigation she could actually breathe again. the information itself was worth getting through
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Paige Cantoni
not a good' fit is basically an employer saying they'can t articulate actual misconduct. that should almost always result inapproval
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Lucas Lindsey
i've been reading this whole thread because im in a very similar boat (fired last week, 'performance') and just want to say this has been more helpful than two hours of googling. the specific advice about keeping everything factual, documenting that you didn't know about specific targets, and filing weekly certifications even during adjudication - all things i didn't know. thank you everyone
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Justin Chang
AuthorSame! When I posted this I was just panicking. Now I at least have a clear action plan. Good luck to you too, hope we both get approved.
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Liam Cortez
Good luck to both of you. Fingers crossed for quick approvals. Keep filing those weekly certs!
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Christian Bierman
document everything, respond quickly, stay factual. you've got this
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Jason Brewer
one more thing - check your myEDD account religiously. like every single day. EDD sometimes sends notices with very short response windows and if you miss them your claim gets automatically denied or delayed. I missed a notice once because it went to spam in my email AND I wasn't checking my myEDD portal. cost me like 2 extra weeks of processing time.
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Justin Chang
AuthorGood call. I just logged into myEDD and there's already something in my inbox asking me to verify my identity through ID.me which I hadn't done yet. Doing that right now.
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Jason Brewer
oh good catch! the ID.me verification is super important and often holds things up if not done early
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Nina Fitzgerald
Yeah ID.me verification is a big one. A lot of claims sit in limbo just because people don't realize they need to complete that step. Glad you caught it early.
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Sophie Duck
UPDATE: for anyone who finds this thread later - I'm the original poster. It's been about 5 weeks since I posted this. I got a notice from California EDD last week saying my claim was APPROVED. They determined my termination did not constitute misconduct under California UI code 1256. My employer apparently just submitted a brief statement that didn't really establish any intentional wrongdoing on my part. Things that I think helped: responding to the DE 4800 questionnaire thoroughly and factually within a few days of receiving it, completing the ID.me verification quickly, and filing my weekly certifications every single week even when I didn't know if I'd be approved. Got my first payment yesterday which included all the back weeks. Still not fully caught up financially but getting there. Thank you to everyone in this thread.
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Grace Thomas
This is the best kind of update! Congratulations. And great job staying on top of everything - a lot of people lose out on backpay exactly because they stopped filing weekly certs during the wait.
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Christian Bierman
Amazing news, so glad it worked out. Your detailed questionnaire response and the fact that there was no documented misconduct made the difference. Hope the back payment helps you get caught up.
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Lucas Lindsey
seeing this update as someone still waiting on mine - gives me real hope. congratulations!!
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Liam Cortez
Congrats!! Thanks for coming back to update, that's genuinely helpful for everyone who finds this thread later going through the same thing.
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