Yes, generally speaking, you can get unemployment benefits in California even if you are fired from your job. The important question to answer in this context is: Why were you fired? If you were laid off, your position was eliminated or your employment was simply terminated, you may qualify for unemployment benefits. However, if you were fired for "serious misconduct" or you voluntarily quit your job, you may not be eligible. 

In most cases, in California, you can collect unemployment benefits if you are fired. The exception there is if your employer can prove that you were fired for serious misconduct under California Unemployment Insurance Code §1256. In this guide, we'll go into when fired employees can get unemployment, how that whole process works, how much you may receive and what to do if your claim is denied. This guide was written by a California employment attorney who has handled these types of cases.

Situation	Eligible?
Fired without cause or stated reason	Yes
Laid off	Yes
Fired for poor performance or inability to do the job	Usually yes
Fired for minor or isolated policy violations	Usually yes
Fired for serious willful misconduct	No
You voluntarily quit	No
Fired after giving two weeks' notice	Usually yes

Source: California Unemployment Insurance Code §1256 and EDD Eligibility Requirements

Do You Qualify? The Basic Eligibility Requirements

Even before we get into the reason for your firing, the first step is to make sure you meet California's basic unemployment eligibility requirements. The California Employment Development Department (EDD) first looks into whether you earned sufficient wages; that you're unemployed for a qualifying reason; and that you're able and available to return to work. While meeting these requirements doesn't guarantee benefits, it allows your claim to move forward for review.

According to EDD eligibility rules:

• You must have earned at least $1,300 in your highest quarter during your base period, or at least $900 in your highest quarter, with total base period earnings of at least 1.25 times that amount.
• The base period is the first four of the last five completed calendar quarters before you file.
• You must be unemployed due to no fault of your own - such as a layoff or job elimination.
• You must be physically able to work, available for work and actively looking for work.

Weekly unemployment benefit amounts in California typically range from $40 to $450 a week. The current maximum benefit amount of $450 has not been raised since Jan. 1, 2005.

Source: California Unemployment Insurance Code Sections 1252–1275

What Counts as Misconduct That Disqualifies You?

This is the part where a lot of unemployment claims become complicated. This is also the place where the reason for the firing listed by an employer may not tell the whole story. EDD will not just take your employer at their word, but will look at the facts of your case while evaluating what happened and whether your employer was right in saying that you violated your duties as an employee.

Under California Employment Insurance Code Section 1256, an employee's alleged misconduct must go beyond a simple mistake or lackluster performance at work. Maywood Glass Co. v. Stewart, 170 Cal. App. 2d 719 (1959), defines employment misconduct as a  "substantial breach by the employee of an important duty or obligation owed to the employer, willful or wanton in character, and tending to injure the employer."

The California Supreme Court later clarified in Paratransit, Inc. v. Unemployment Insurance Appeals Board (2014) that a sole act of disobedience does not automatically amount to misconduct that prevents you from getting your unemployment benefits.

These are actions that DO disqualify an employee:

• Committing theft or fraud
• Intentional falsification of timecards or records
• Showing up to work while intoxicated
• Breaking safety rules
• Perpetrating workplace violence
• Engaging in harassing behavior

What does NOT count as a disqualification:

• Poor job performance or inability to do the job
• Careless mistakes or oversight
• Isolated instances of poor judgment
• Personality conflicts
• Not "being a good fit"

There are often times when employers portray performance-based firings as "misconduct" in their EDD response simply to block a claim. But, the label that the employer puts on a termination alone does not decide your eligibility for unemployment. The EDD and the appeals board will evaluate the facts of your case, and determine whether the legal definitions of misconduct have been met to warrant a disqualification. 

How Much Will You Get?

California unemployment benefits are meant to replace part of your lost wages and not your entire paycheck. The amount you get will might depend on the wages you used to earn. But the amount is also subject to a weekly maximum set by California law.

According to EDD:

• Your weekly unemployment benefit amounts could range from $40 to $450 per week.
• For claims filed in 2024 or before that, the rate was 60-70% of your regular weekly wages up to the cap.
• The $450 weekly maximum hasn't changed since 2005 -- well below what most California workers actually earn.
• Benefits last up to 26 weeks within a 12-month benefit year.

If you were a high wage earner when you were fired, the $450 weekly cap means that unemployment benefits might only replace a fraction of what you used to earn. This is an important thing to know as you go about planning your finances during your job search.

How to File for Unemployment in California

When you file your claim promptly, you help avoid unnecessary delays. Here is the step-by-step process to file:

1. File online with EDD as soon as possible. File your unemployment claim as soon as you are fired. Waiting to do so can delay when your benefits start.
2. Gather the information you need before applying. Be prepared with the following:
   • Your employer's name and address
   • Dates you worked there
   • Your reason for separation
   • Recent earnings and employment information
3. Describe the circumstances in which you got fired. Don't say that you quit your job if you were in fact fired, even if you had given notice before being let go.
4. Serve the one-week unpaid waiting period. Under California law, that one-week waiting period is required before you can start to get your unemployment benefits.
5. Participate in an EDD eligibility interview if required. If they need more information from you, they might schedule a phone interview. Prepare to explain the circumstances factually and calmly.
6. Certify for benefits every two weeks. Continue turning in your certifications online or by phone to confirm your eligibility, including letting them know you are available for work and are actively looking for a job.
7. Keep records of your job search activities. EDD requires you to be actively looking for a job while receiving benefits. Maintain a record of the job applications you submit, employer contacts and other search efforts, in case EDD wants to verify the information.

What if Your Employer Disputes Your Claim?

Employers can, and often do, contest unemployment claims, especially when they believe they have a reason to challenge the employee's eligibility to receive them. One situation is when an employer reports that they fired the employee for alleged misconduct or claims that they in fact quit voluntarily as opposed to being fired. When this happens, EDD will schedule an eligibility interview over the phone to hear your side of the story before making a decision.

An employer may argue that they fired you because of misconduct or that you quit your job. Under California law, including California Unemployment Insurance Code Section 1256, the employer typically has the burden of proving misconduct. You don't have to prove that you did a good job at work or that nothing went wrong. The real issue here is whether or not the fact meet the legal standard for disqualification.

How you go about preparing for your EDD interview can make a huge difference. The goal here is to provide a clear, accurate account of what happened and to avoid ambiguity in your answers. Here are a few tips on how to prepare:

• Write down a clear and factual timeline of events including dates, conversations and actions that were taken.
• Gather all pertinent documents including your termination letter, performance reviews and emails.
• Be specific about dates, what was said and who was present.
• Stick to the facts. This is not the time to get emotional.
• Remember that poor performance, inability to meet job expectations or personality conflicts don't amount to disqualifying misconduct under California law.

The words you use matter. Describing a situation only as "walked out" or "let go" without clarifying that your employer fired you, can create a lack of clarity that could hurt your claim. Always be clear that you did not choose to leave.

What to Do If Your Unemployment Claim is Denied

Just because your unemployment benefits have been denied, that doesn't mean that you've reached the end of the road. In California, you have the right to challenge an EDD decision by filing an appeal. They key to a successful appeal is to act quickly and follow the required steps correctly.

1. Read your Notice of Determination carefully. This notice tells you why EDD denied your claim and also about the specific issue you need to address in the appeal.
2. File your appeal within 30 calendar days of the mailing date on the notice. Under California Code of Regulations Title 22 Section 5007, if you miss this deadline, your right to have the decision reviewed might be in danger.
3. Use the EDD Appeal Form that is included with your denial notice or download it from the California Unemployment Insurance Appeals Board at cuiab.ca.gov.
4. Prepare for your hearing. Your case will typically be heard by a CUIAB Administrative Law Judge. You should get the notice of hearing date and the time of the hearing. This is your opportunity to explain what happened and present your evidence.
5. Bring all your supporting documents. This might include termination letters, emails, other written communications, performance reviews and a timeline of events.
6. Keep certifying during the appeal. If you end up winning your appeal, EDD can pay benefits for eligible weeks you certified during the wait.
7. Consider further review. If the judge rules against you, you have another 30 days to appeal to the CUIAB Board for a second-level review. After that, you may petition the County Superior Court.

While the appeal process might vary, many cases do move from filing to hearing in about 4-8 weeks. Decisions are typically issued within 2-4 weeks after the hearing.

Can You Get Unemployment If Fired After Giving Two Weeks' Notice?

Yes. In most cases, you may still qualify for unemployment benefits even if your employer fires you after you hand in your two weeks' notice. When an employer fires you before your planned last day, that means you did not leave your job voluntarily. Under California Unemployment Insurance Code Section 1256, this is treated as a "discharge." In such a situation, you can only be disqualified from benefits if your employer can prove that you were terminated for job-related misconduct. Being fired early after giving notice is treated like a layoff for unemployment purposes.

There may also be separate legal question that is worth exploring in these scenarios. For example, if you were fired right after reporting harassment or after filing a workers' compensation claim, that would be the basis of a wrongful termination claim in addition to your unemployment claim.

See our full guide: If I Put in My Two Weeks’ Notice, Can They Fire Me?

Can You Get Unemployment If Fired for Attendance?

This depends on the reason for the attendance issues and the circumstances around your firing. Attendance-related terminations sit in a gray area. If you were absent in a single instance or if you had to take time off for a legitimate reason such as illness, family emergencies, etc., that does not rise to the level of willful misconduct under California law.

However, if EDD determines that the absences were willful and repeated after clear warnings, a denial is possible. If your attendance issues were related to a medical condition, disability or a need for workplace accommodation, that adds another layer of protection that's worth discussing with an employment attorney. Scheduling a free consultation with a Los Angeles wrongful termination attorney in this case might help you better understand your rights.

Frequently Asked Questions

Can you get unemployment if fired in California?

Yes, you may be eligible for unemployment benefits because getting fired doesn't automatically disqualify you. The question here is whether the employer can prove you were fired for job-related misconduct. A firing that was triggered by poor performance or job elimination may still qualify for unemployment benefits.

How long does unemployment last after being fired?

That depends on your eligibility and the available amount. In California, those eligible typically get benefits for up to 26 weeks. But, the amount and duration depend on your individual claim.

How soon after being fired should I file?

You should file as soon as you stop working. Waiting too long could delay the payments and affect the period for which you may be able to get the benefits. 

What disqualifies you from unemployment in California?

You may be disqualified if EDD determines that you quit on your own without good cause or that you were fired for job-related misconduct. The specific facts in your case matter including what happened, whether warnings were given and if the conduct was intentional. 

Can my employer stop me from getting unemployment?

No. An employer could potentially dispute your claim, but they don't make the final decision. EDD reviews the facts and determines whether or not you meet the eligibility requirements.

Can I get unemployment if fired for a failed drug test?

It depends on the circumstances. A failed drug test may affect your eligibility if EDD finds it involved misconduct connected to the job. But other factors such as your company's policies, testing procedures, nature of the position, etc., can play a role their decision. 

Do I have to tell EDD why I was fired?

Yes. You should give honest answers and accurate details about your job termination. Giving a clear explanation and providing supporting documents can help EDD evaluate your claim fairly and promptly.

Most fired California workers who are fired from their jobs qualify for unemployment unless the employer can prove willful misconduct under the legal standard. This bar is much higher than most employers realize. If your claim for unemployment benefits was denied, you have the right to appeal. If you suspect that your firing could have been retaliatory or discriminatory, you may have an employment claim on top of your unemployment claim. Our Los Angeles employment attorneys can help evaluate both issues during a free consultation so you understand your options.