No charge unless we win: 855-913-1134
Ver en Español

Fired in California? Here’s What to Know About Unemployment

getting fired and getting unemployment benefitsGetting fired is tough under any circumstances. The good news is that even if you were let go, you may still qualify for unemployment benefits in California. Eligibility largely depends on why you were terminated.

Unemployment benefits act as a temporary financial safety net while you look for a new job. Understanding how the system works can help you avoid delays and get benefits faster.

This guide covers:

  • How unemployment works in California
  • Who qualifies after being fired
  • How to apply
  • What to do if your claim is denied

How Unemployment Works in California

Unemployment benefits are administered by the California Employment Development Department (EDD). Benefits replace part of your prior wages while you search for new work.

Key points:

  • Benefits are paid weekly and based on prior earnings.
  • You must be able, available, and actively looking for work.
  • Benefits typically last up to 26 weeks within a 12-month benefit year, though extensions may be available during economic downturns.

Being fired does not automatically disqualify you. The reason for your termination is the most important factor.

Can You Get Unemployment If You Were Fired?

Yes – many people who are fired still qualify.

wrongful termination unemployment rightsYou may remain eligible if you were terminated because:

  • You were not a good fit or could not meet performance expectations.
  • You lacked a required skill.
  • You made an honest mistake or exercised poor judgment once.
  • The employer made a business decision unrelated to misconduct.

When You May Be Disqualified: “Misconduct”

You may be denied benefits if you were fired for misconduct, which is narrowly defined under California law. Examples include:

  • Repeated or intentional violations of serious workplace rules
  • Insubordination or refusal to perform job duties
  • Theft, fraud, or dishonesty
  • Working under the influence of drugs or alcohol

Poor performance, missed quotas, or personality conflicts usually do not qualify as misconduct.

Who Qualifies for Unemployment in California?

To receive benefits, you must meet all of the following requirements:

  • You earned sufficient wages during your base period (typically the prior 12 months)
  • You are unemployed or underemployed through no fault of your own
  • You are physically able to work
  • You are available for work
  • You are actively seeking employment each week

There is no minimum weekly hours requirement, but total earnings must meet EDD thresholds.

How to Apply for Unemployment

Apply as soon as possible after losing your job. Benefits are generally not automatically retroactive.

Application Steps

  1. Visit the EDD’s UI Online portal
  2. Create an account or log in
  3. Enter your work history for the past 18 months
  4. Explain why you were fired (be honest and concise)
  5. Choose payment by debit card or direct deposit

Information You’ll Need

  • Social Security number
  • Last employer’s name and address
  • Dates of employment
  • Reason you are no longer working

Review everything carefully before submitting. Errors can delay payment.

What Happens After You Apply?

laid off or fired and unemploymentAfter submission:

  • The EDD reviews your application
  • Your former employer is contacted for their version of events
  • If misconduct is alleged, you may have a phone interview

If approved, you’ll receive a Notice of Unemployment Insurance Award stating your weekly benefit amount. California generally has a one-week unpaid waiting period, which is occasionally waived.

Keeping Your Benefits Active

Approval is only the first step. To continue receiving benefits, you must:

  • Certify for benefits every two weeks
  • Actively search for work and keep records
  • Report all earnings, including side or gig income

Missing certifications or job-search requirements can result in delayed or stopped payments.

Benefit Extensions and Additional Resources

During economic slowdowns, California may offer:

  • Extended benefit programs
  • Job training and reemployment services
  • Resume workshops and job placement assistance

Check the EDD website regularly for updates.

What to Do If Your Claim Is Denied

A denial is not the end of the road. You have the right to appeal.

Appeal basics:

  • You have 30 days from the date of mailing of the denial notice to file
  • You will receive a hearing before an administrative law judge
  • You can present evidence, testify, and call witnesses

Many denials are reversed on appeal, especially when employers cannot prove misconduct.

Final Tips

  • Be truthful: Consistency matters with the EDD
  • Keep records: Document all job search efforts
  • Act quickly: Respond promptly to EDD communications
  • Appeal if necessary: Wrongful denials are common

Bottom Line

Getting fired does not automatically disqualify you from unemployment benefits in California. If you lost your job through no serious fault of your own, unemployment insurance is designed to support you while you transition to your next role. Understanding the rules – and asserting your rights – can make a meaningful difference.

Olivia Green

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

Complete the form below or call: 855-913-1134 for a FREE consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*
Text Consent*
* Do you give us permission to send you text messages about your inquiry?