examples of wrongful termination

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.

In California, the maximum duration for which you can collect unemployment benefits is 26 weeks in a standard benefit year. However, this duration can be extended by federal or state programs during periods of high unemployment or economic emergency. You must continue to meet all eligibility requirements to receive payments.

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.

California Unemployment Quick Facts Chart (2025)

Topic	Quick Answer	Section for Details
Duration	Up to 26 weeks (plus potential extensions)	Section 9
Weekly Amount	$40 to $450 per week	Section 10
How to Apply	Online via EDD.ca.gov	Section 6
Main Requirement	Job loss through no fault of your own	Section 3
Minimum Earnings	$1,300 in highest quarter	Section 13

Table of Contents

1. What Are Unemployment Benefits?
2. Who Is Eligible in 2025?
3. What Counts as “No Fault of Your Own”?
4. Can You Get Benefits If You Quit?
5. Can You Get Benefits If You Were Fired?
6. How to Apply for Unemployment in California
7. What Can Disqualify You?
8. What to Do If Your Claim Is Denied
9. How Long Do Benefits Last?
10. How Much Will You Receive?
11. Unemployment for Part-Time, Temp, and Gig Workers
12. Can You Collect Unemployment After a Wrongful Termination?
13. Minimum Wage Requirements to Qualify for California UI
14. FAQs
15. 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?

You must meet the following basic requirements to qualify:

• You must have earned sufficient wages during the "base period" (usually the first four of the last five completed calendar quarters).
• You must be totally or partially unemployed.
• Your job loss must not be your fault.
• You must be physically able to work, available for work, and actively looking for employment.
• You must be legally authorized to work in the United States.

How Long Do You Have To Work To Get Unemployment in California?

To qualify for unemployment benefits in California, you must have earned at least $1,300 in your highest-earning quarter during your base period (typically the first four of the last five completed calendar quarters before filing). Alternatively, you can qualify if you earned at least $900 in your highest quarter and your total base period earnings are at least 1.25 times your highest quarter earnings. There's no specific minimum time requirement in terms of weeks or months worked, but rather a focus on wages earned during the base period. Most people who have worked steadily for at least several months at a part-time or full-time job will meet these earnings requirements.

3. What Counts as No Fault of Your Own?

You are considered unemployed through no fault of your own if you were:

• Laid off
• Furloughed
• Had your hours reduced
• Let go due to company restructuring
• 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:

• Sexual harassment or discrimination
• Dangerous working conditions
• A significant reduction in hours or pay
• Not being paid properly or consistently
• Needing to care for a seriously ill family member
• 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:

• Deliberate violation of company policy
• Repeated tardiness after warnings
• Theft or dishonesty
• 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:

• Online: Visit edd.ca.gov
• By mail or fax: Forms are available on the EDD website

You will need:

• Your Social Security number
• Work history from the past 18 months
• Employer names, addresses, and dates of employment
• Reason for separation from each job
• 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:

• You quit without a valid reason
• You were fired for serious misconduct
• You did not earn enough wages during the base period
• You are not actively seeking work
• You are not available for or able to work
• You refused suitable job offers
• 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:

1. Submitting a written appeal
2. Participating in a hearing before an administrative law judge
3. Presenting documents and witnesses to support your case
4. 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, the maximum duration for which you can collect unemployment benefits in California is 26 weeks in a standard benefit year. This means that if you are eligible and continue to meet all requirements, you can receive unemployment payments for up to half a year. 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?

California's weekly unemployment benefit ranges from $40 to $450, depending on how much you earned in your highest-paid quarter. The exact amount is calculated based on your previous wages. 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:

• Work part time
• Had multiple jobs
• Are a temp worker
• 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 as an independent contractor when you should have been classified as an employee.

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. I wrote article that provides examples of wrongful termination that you can read to learn more.

13. Minimum Wage Requirements to Qualify for California UI (Base Period)

To qualify for unemployment benefits in California, you must have earned at least $1,300 in your highest-earning quarter during your base period (typically the first four of the last five completed calendar quarters before filing).

Alternatively, you can qualify if you earned at least $900 in your highest quarter and your total base period earnings are at least 1.25 times your highest quarter earnings. There's no specific minimum time requirement in terms of weeks or months worked, but rather a focus on wages earned during the base period. Most people who have worked steadily for at least several months at a part-time or full-time job will meet these earnings requirements.

14. Frequently Asked Questions

What is the maximum duration to collect unemployment in California?

In California, you can collect unemployment benefits for up to 26 weeks under standard circumstances. During periods of high unemployment or economic emergency, federal or state extensions may extend this duration.

What if I received severance pay?

You may still qualify for unemployment benefits, but benefits could be delayed depending on the type and timing of the severance. Severance is typically considered wages and may affect when your benefit period begins.

Do I need to accept any job offer I receive?

No. You only need to accept work that is suitable based on your experience, training, and prior wages. Suitable work generally means employment in your usual occupation or one you're qualified for at a comparable wage.

Can I collect unemployment if I move out of California?

Yes, but you must remain eligible under California's requirements and actively look for work. You'll need to continue certifying your eligibility every two weeks regardless of where you're located.

What happens if I earn some income while collecting unemployment?

You must report all earnings when you certify for benefits. If your earnings are less than your weekly benefit amount, you may still qualify for partial unemployment payments. California allows you to earn up to 25% of your weekly benefit amount without reduction.

How much do I need to have earned to qualify for unemployment in California?

You must have earned at least $1,300 in your highest-earning quarter during your base period. Alternatively, you can qualify with at least $900 in your highest quarter if your total base period earnings are at least 1.25 times that amount.

Can part-time workers collect unemployment in California?

Yes, part-time workers can qualify for unemployment benefits in California as long as they meet the wage requirements during their base period and their unemployment is through no fault of their own.

What if my employer contests my unemployment claim?

If your employer contests your claim, the EDD will investigate and may schedule a phone interview with both you and your employer. You have the right to present evidence and appeal any unfavorable decision within 30 days.

15. 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:

• Appeal unemployment denials
• Fight back against retaliation and wrongful termination
• Recover lost wages and hold employers accountable

Contact us for a confidential consultation.