Eric B. Kingsley, JD AV Preeminent Super Lawyer

Partner, Kingsley Szamet Employment Lawyers  ·  California State Bar, Admitted 1996

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Yes, you may qualify for unemployment if you were fired in California, but it depends on the reason for your termination. You're generally eligible if you lost your job through no fault of your own and your employer couldn't prove you engaged in misconduct. This guide explains when you're eligible, what disqualifies you, and how to appeal if you're denied.

Table of Contents

• Why Choose Us
• How Does Unemployment Work?
• Requirements to Apply for Unemployment Benefits
• Do You Get Unemployment If You Quit?
• Can You Get Unemployment If You Were Fired?
• What Is Considered Misconduct by the EDD?
• Is the EDD's Determination of My Unemployment Eligibility Final?
• Fired After a PIP? You May Still Qualify for Unemployment
• Get Help from Experienced California Unemployment Attorneys
• Frequently Asked Questions

California Unemployment Attorneys at Kingsley Szamet Employment Lawyers

If you've recently been fired and you're not sure if you qualify for unemployment benefits, you're not alone, and you're not without options. At Kingsley Szamet Employment Lawyers, we've helped countless workers across California for the last 29 years navigate complex unemployment and unlawful termination situations.

Even if your employer claims you were fired "for cause," we can help you understand your rights. If your termination was the result of discrimination, retaliation, or another unlawful reason, you could be entitled to compensation. To get help with your employment claim, schedule a free consultation with our Employment Attorneys in Los Angeles today. 

How Does Unemployment Work?

Unemployment Insurance (UI) in California is a state-run program that offers temporary financial assistance to people who have lost their jobs through no fault of their own. Administered by the Employment Development Department (EDD), the program provides weekly payments while you search for new work.

Generally speaking, you can receive unemployment benefits if you were fired, unless your employer can prove you were fired for misconduct, such as willful disregard of company policy, repeated violations, or gross negligence. Poor performance or being laid off for business reasons usually does not disqualify you. Some of the important key points to remember include the following:

• Benefits typically last up to 26 weeks, but may be extended in certain situations.
• Weekly benefit amounts range from $40 to $450, depending on your earnings during a “base period” (usually the past 12–18 months).
• To continue receiving payments, you must certify for benefits every two weeks and actively look for work.
• You will need to:
  • Certify benefits every two weeks (confirming you're still eligible)
  • Report any income or job offers you've received
  • Notify the EDD of any changes to your employment status

Requirements to Apply for Unemployment Benefits

To qualify for unemployment benefits in California, you must meet specific legal and income eligibility criteria. This includes having worked in California for the past 12 months, meeting minimum earnings thresholds, and being physically and mentally able to work. You may be eligible if:

• You were separated from your job or had your hours reduced through no fault of your own
• You worked in California during the past 12 months (or longer in some cases)
• You meet the EDD's minimum earnings requirements, either:
• $1,300 in your highest-paid quarter
• OR $900 in your highest-paid quarter and 1.25 times that amount across the full base period
• You are physically and mentally able to work
• You are actively looking for new work each week

You must also register with CalJOBS and recertify your eligibility every two weeks to continue receiving benefits.

Do You Get Unemployment If You Quit?

Yes, you may be eligible for unemployment benefits if you quit your job, but only if you can prove you had good cause for leaving, such as unsafe working conditions, harassment, discrimination, being sexually harassed (full article on am I being sexually harassed here), or major changes to your job. In such situations, you should have taken reasonable steps to improve the situation before quitting. This might mean you talked about the problem with your employer and allowed a reasonable amount of time for him or her to resolve the situation before you quit.

Can You Get Unemployment If You Were Fired?

Yes, you may still qualify for unemployment benefits even if you were fired in California. Many people have specific questions such as, "I put in my two weeks' notice and got fired, can I get unemployment," or "can I be I put in my two weeks' notice and got fired, can I get unemployment??" Eligibility depends on why you were let go. California law distinguishes between misconduct and other reasons for termination.

You may still qualify if:

• You were fired due to poor performance, but you tried your best
• You were terminated as part of a company restructuring
• Your employer exaggerated or mischaracterized the reason for firing you

You might not qualify if:

• You were fired for serious misconduct (e.g., theft, harassment, insubordination)
• You knowingly violated company policies after being warned
• You quit without good cause (unless certain exceptions apply)

What Is Considered "Misconduct" by the EDD?

California's EDD defines "misconduct" as behavior that shows a willful disregard for your employer's interests. To deny your unemployment benefits, the EDD must find that your actions were intentional, substantial, and harmful to your employer.

Examples that may disqualify you:

• Repeatedly showing up late without a valid excuse after being warned
• Theft or dishonesty in the workplace
• Physical altercations or threats on the job

Examples that typically won't disqualify you:

• A single mistake or accident
• Being let go for not meeting performance goals
• Misunderstandings that don't involve policy violations

Is the EDD's Determination of My Unemployment Eligibility Final?

No, an initial denial is not the end of the road. If the EDD denies your unemployment claim, you have the right to appeal the decision, and many claims are approved on appeal. The appeal process involves filing a notice, presenting your case, and possibly attending a hearing with an Administrative Law Judge (ALJ).

Step-by-Step: How the Unemployment Appeals Process Works

1. File an appeal within 20 days
   You must submit a written appeal by mail within 20 calendar days of the denial notice. The EDD includes an appeal form with your determination letter.
2. EDD reexamines your claim
   Once they receive your appeal, the EDD may take a second look. If they reverse their decision, you'll get a notice and begin receiving benefits.
3. Your appeal moves to the Office of Appeals
   If the EDD sticks to its original decision, your case goes to an Administrative Law Judge (ALJ) hearing.
4. Prepare for your ALJ hearing
   During the hearing:
• The judge will ask questions and take testimony from you and your employer
• Both sides can submit documents and evidence
• You may have a lawyer represent you at this stage (and it can make a big difference)
5. Get a decision in writing
   After the hearing, the ALJ will send a written decision. If they approve your benefits, there's nothing more you need to do, you'll start receiving payments.
6. Still denied? You can appeal again
• You have 20 days to file another appeal with the California Unemployment Insurance Appeals Board
• This level usually won't accept new evidence, but may review your claim for legal or procedural errors
7. Final appeal: File a Writ of Mandate in court
   If you're still denied, you can take your case to the California Superior Court by filing a Writ of Administrative Mandate within six months.

Fired After a Performance Improvement Plan (PIP)? You May Still Qualify for Unemployment

Being placed on a Performance Improvement Plan is stressful enough. Being fired at the end of one, or sometimes before it even concludes, leaves many California workers wondering whether they have any shot at unemployment benefits. The answer could be yes, and the circumstances surrounding how your employer handled the PIP is important.

Here is why: California's EDD does not disqualify workers simply because they were terminated for performance reasons. Under the legal definition of misconduct established in Amador v. Unemployment Insurance Appeals Board, misconduct requires a willful or wanton disregard of the employer's interestsm not an inability to meet performance benchmarks. Struggling to hit targets, failing to improve fast enough, or not meeting subjective expectations does not automatically satisfy that standard, even when an employer frames it that way.

Where things get particularly compelling for workers is when the timeline of a PIP contradicts the employer's misconduct claim. If your manager told you that you were making progress, gave you positive feedback, extended your PIP, or said nothing suggesting termination was imminent, and then fired you shortly afterward, that sequence is very difficult for an employer to reconcile with a claim of serious, willful misconduct. An Administrative Law Judge might view glowing feedback followed by sudden termination as inconsistent with the idea that your conduct showed deliberate disregard for the company's interests.

If you are currently on a PIP, or were recently fired following one, document the following now:

• Every written PIP communication, the original plan, any amendments, and any extensions, including the goals stated and the timeline given
• Any positive feedback received during the PIP period, emails, Slack messages, performance check-in notes, or verbal comments you can write down with dates and context
• The reason given for your termination, was the word "misconduct" ever used? Was a specific policy violation cited, or was the stated reason continued underperformance?
• Whether you were ever warned that termination was imminent, under California unemployment law, an employee generally needs to be on notice that their job is at risk for a specific reason before that reason can qualify as disqualifying misconduct

One additional detail worth knowing: under California Labor Code Section 1198.5, you have the right to request a copy of your personnel file within 30 days of a written request after separation. That file will contain the PIP documentation your employer created, and if it shows checkmarks in your favor, progress notes, or an absence of any formal write-ups for willful conduct, it becomes powerful evidence at an EDD hearing or appeal.

Get Help from Experienced California Unemployment Attorneys

If you've been wrongfully fired and are unsure about your next steps, Kingsley Szamet Employment Lawyers may be able to help. Our experienced team is dedicated to ensuring that you understand your rights as an employee. Don't navigate the complex legal process alone. Contact us today for a free consultation. Your future is important, and we're here to support you every step of the way.

Call us at (818) 990-8300 for a free, comprehensive, and confidential consultation.

Frequently Asked Questions

What disqualifies you for unemployment in CA?

You'll be disqualified if your employer proves you engaged in work-connected misconduct under §1256, such as theft, willful policy violations after warnings, or deliberate disregard of your employer's interests, but a single mistake or non-willful poor performance typically doesn't count. You must also meet minimum earnings requirements ($1,300 in your highest quarter or $900 plus 1.25 times that across your base period) and actively seek work to remain eligible.

If you get fired can you collect unemployment California?

Yes, you can collect unemployment in California if you were fired, since employees are presumed eligible unless the employer proves you committed work-connected misconduct. You're generally eligible if you were let go for poor performance without willful misconduct, company restructuring, or other reasons beyond your control.

What do I say to unemployment if I was fired?

Be honest about your termination circumstances, emphasizing that you tried your best and didn't engage in willful, work-connected misconduct. Provide evidence showing the termination was due to performance issues, misunderstandings, or factors beyond your control, and remember that the burden is on your employer to prove misconduct.

How much unemployment will I get if I make $1000 a week in CA?

Your unemployment benefit depends on wages earned during your base period (the past 12-18 months), not just your current weekly wage, with a maximum weekly benefit of $450. Making $1,000 per week suggests you may qualify for a higher benefit amount, but the EDD calculates your exact weekly payment based on your highest-earning quarter during the base period.