After losing a job, many people assume that being fired, or quitting, rules out unemployment benefits. In California, that is often not the case. This article explains, in general terms, how the Employment Development Department (EDD) looks at firings and quits, and what the process generally looks like. It is general information. Only the EDD can decide a claim.

The short answer

You may still qualify for unemployment if you were fired or felt you had to quit. What matters is why the job ended.

  • If you were fired, benefits are generally denied only if the firing was for misconduct.
  • If you quit, benefits are generally denied unless you had good cause.
  • If you were told to resign or be fired, the EDD generally treats that as a firing, not a quit (EDD: VQ 135).

The law also starts from a presumption in the worker's favor. It presumes you were not fired for misconduct and did not quit without good cause, unless your employer gives the EDD written facts to show otherwise. The employer has 10 days after the EDD mails its notice to do that (EDD: MC 5). You still have to meet the other requirements below.

If you were fired

Misconduct generally means a willful or wanton disregard of the employer's interests. Many firings do not meet that standard (EDD: MC 5).

Fired: how the EDD generally looks at it

Generally not misconduct

  • Trying your best but not meeting the standard
  • An isolated mistake or ordinary carelessness
  • An honest error in judgment

Generally misconduct

  • Willful or wanton disregard of the employer's interests

If you quit

If you were the one who ended the job, the EDD generally looks for good cause. That usually means conditions a reasonable person who wanted to keep the job would find intolerable. It also usually means you tried to fix the problem first, for example by telling your employer or asking for leave or a transfer (EDD: VQ 440). For sexual harassment, the EDD notes you may not need to try to fix it first if your employer ignored your complaint.

Situations the EDD recognizes as possible good cause include:

If you quit only because you thought you might be fired, before your employer took any action, the EDD generally treats it as a quit (EDD: VQ 135).

Other basic requirements

However your job ended, you generally must be out of work or working reduced hours, able and available to work, looking for work, and ready to accept suitable work (EDD: Eligibility).

Weekly benefits may range from $40 to $450, depending on your past earnings (EDD: Eligibility). Benefits can last up to 26 weeks, and a claim generally ends 12 months after it starts (EDD benefit flowchart).

How to apply

Applying for unemployment

  1. Step 1: Gather your information

    Your Social Security number, a photo ID, your work history for the last 18 months, your last day of work and the reason you stopped working.

  2. Step 2: Apply

    The fastest way is online through myEDD. You can also apply by phone, or by mail or fax with form DE 1101I.

  3. Step 3: Certify every two weeks

    You generally must certify every two weeks to keep receiving payments.

The EDD lists what to gather on its Get your information in order page and the ways to apply on its Apply page.

What happens after you apply

A claim, in general order

  1. As soon as you are ready

    You apply

  2. First week of the claim

    One unpaid waiting week

  3. If how the job ended needs review

    Questionnaire or phone interview

    A phone interview notice (DE 4800) gives the time window in Pacific Time.

  4. About three weeks after applying, if eligible

    First payment

  5. Generally within 30 days of the mailing date

    Appeal, if denied

Sources: EDD: Unemployment, EDD: Eligibility, EDD: Claim status, EDD: Appeals

When a claim involves a firing or a quit, the EDD may send a questionnaire or schedule a phone interview. For a quit, the EDD generally interviews both you and your employer (EDD: Eligibility FAQ). If you miss the interview, the EDD decides with the information it has, so it helps to be ready at the scheduled time (EDD: Claim status).

If the EDD finds you are not eligible, it mails a Notice of Determination. You can appeal within 30 days of the mailing date, using form DE 1000M or a letter, and you should keep certifying while the appeal is pending (EDD: Appeals).

If your job ended for a reason you think may involve your rights at work, our wrongful termination guide explains the general rules.