
If you lost your job or had your hours reduced in California, you may be eligible for unemployment benefits. These benefits are designed to help workers financially while they search for new employment. However, not everyone qualifies automatically. The rules can be complex, especially if you quit your job, were fired, or are a part-time or gig worker.
At Kingsley Szamet Employment Lawyers, we help California employees understand their rights. Whether you are applying for benefits or appealing a denial, this guide can help you understand your options and make informed decisions.
Table of Contents
- What Are Unemployment Benefits?
- Who Is Eligible in 2025?
- What Counts as “No Fault of Your Own”?
- Can You Get Benefits If You Quit?
- Can You Get Benefits If You Were Fired?
- How to Apply for Unemployment in California
- What Can Disqualify You?
- What to Do If Your Claim Is Denied
- How Long Do Benefits Last?
- How Much Will You Receive?
- Unemployment for Part-Time, Temp, and Gig Workers
- Can You Collect Unemployment After a Wrongful Termination?
- FAQs
- When to Contact Kingsley Szamet Employment Lawyers
1. What Are Unemployment Benefits?
California's Unemployment Insurance (UI) program provides temporary income to people who are out of work through no fault of their own. The program is managed by the Employment Development Department (EDD) and is funded entirely by employer payroll taxes.
The program supports workers during transitions between jobs and helps them stay afloat while seeking employment.
2. Who Is Eligible in 2025?
You must meet the following basic requirements to qualify:
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You must have earned sufficient wages during the "base period" (usually the first four of the last five completed calendar quarters).
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You must be totally or partially unemployed.
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Your job loss must not be your fault.
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You must be physically able to work, available for work, and actively looking for employment.
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You must be legally authorized to work in the United States.
3. What Counts as “No Fault of Your Own”?
You are considered unemployed through no fault of your own if you were:
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Laid off
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Furloughed
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Had your hours reduced
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Let go due to company restructuring
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Temporarily unemployed due to business closure
However, the EDD will investigate if your employer claims that you were fired for misconduct or that you quit voluntarily.
4. Can You Get Benefits If You Quit?
You can still qualify for benefits if you quit your job with good cause. This includes situations where continuing the job would have been unreasonable or unsafe. Examples of good cause include:
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Sexual harassment or discrimination
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Dangerous working conditions
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A significant reduction in hours or pay
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Not being paid properly or consistently
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Needing to care for a seriously ill family member
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Experiencing domestic violence
You must prove that you made efforts to resolve the issue before leaving. Documentation helps support your case.
5. Can You Get Benefits If You Were Fired?
Being fired does not automatically disqualify you. The EDD will evaluate the reason for your termination. You are generally eligible unless you were fired for misconduct. Misconduct includes:
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Deliberate violation of company policy
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Repeated tardiness after warnings
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Theft or dishonesty
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Refusal to perform job duties
However, poor performance, a single mistake, or inability to meet expectations is usually not considered misconduct under California law.
6. How to Apply for Unemployment in California
You can file a claim:
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Online: Visit edd.ca.gov
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By phone: Call 1-800-300-5616
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By mail or fax: Forms are available on the EDD website
You will need:
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Your Social Security number
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Work history from the past 18 months
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Employer names, addresses, and dates of employment
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Reason for separation from each job
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State ID and banking information for direct deposit
Once your application is processed, you must certify every two weeks to continue receiving benefits.
7. What Can Disqualify You?
The EDD may deny your claim if:
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You quit without a valid reason
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You were fired for serious misconduct
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You did not earn enough wages during the base period
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You are not actively seeking work
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You are not available for or able to work
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You refused suitable job offers
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You did not comply with EDD requests for interviews or documents
If your employer provides false information to the EDD, you have the right to appeal.
8. What to Do If Your Claim Is Denied
If your claim is denied, you can appeal within 30 days. The appeal process involves:
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Submitting a written appeal
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Participating in a hearing before an administrative law judge
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Presenting documents and witnesses to support your case
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Receiving a written decision in the mail
You may represent yourself, but many claimants choose to work with an employment attorney for guidance and representation during the hearing.
9. How Long Do Benefits Last?
In most cases, benefits last up to 26 weeks. If there is an economic downturn or state of emergency, federal or state extensions may become available.
You must continue to meet eligibility requirements and certify on time to continue receiving payments.
10. How Much Will You Receive?
As of 2025, California's weekly unemployment benefit ranges from $40 to $450, depending on how much you earned in your highest-paid quarter. You can estimate your benefit using the EDD's UI calculator on their website.
11. Unemployment for Part-Time, Temp, and Gig Workers
You may still be eligible even if you:
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Work part time
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Had multiple jobs
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Are a temp worker
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Recently worked as a W-2 employee before starting gig work
Gig workers and independent contractors usually do not qualify, but exceptions may apply if your employer misclassified you.
12. Can You Collect Unemployment After a Wrongful Termination?
Yes. If you were wrongfully terminated for reporting harassment, taking family or medical leave, or complaining about wage violations, you may qualify for UI and have a legal claim against your employer.
In fact, if your employer lies about why you were terminated to try to block your benefits, it may strengthen your wrongful termination case.
13. FAQs
What if I received severance pay?
You may still qualify, but benefits could be delayed depending on the type and timing of the severance.
Do I need to accept any job?
No. You only need to accept work that is suitable based on your experience, training, and prior wages.
Can I collect if I move out of California?
Yes, but you must remain eligible and actively look for work.
What happens if I earn some income?
You must report all earnings. If your earnings are less than your weekly benefit, you may still qualify for partial payments.
14. When to Contact Kingsley Szamet Employment Lawyers
If your unemployment claim is denied, if your employer provided false information to the EDD, or if you believe you were wrongfully terminated, speak with an employment attorney.
At Kingsley Szamet Employment Lawyers, we represent workers across California. We help people:
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Appeal unemployment denials
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Fight back against retaliation and wrongful termination
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Recover lost wages and hold employers accountable
Contact us for a confidential consultation.
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