Can You Get Unemployment If You Are Fired in California?

In most cases, yes, you can collect unemployment in California even if you were fired. Being terminated does not automatically disqualify you. You are only disqualified if you were fired for misconduct, which is a high legal bar that means more than poor performance or an honest mistake. Most firings do not meet it.

If you are reading this, you were just let go and you are worried about money. Below, we explain when a firing disqualifies you, what happens if you quit, how to apply, what to do if your employer contests your claim, and how unemployment relates to a possible wrongful termination case.

This article is general information about California law, not legal advice. Reading it does not create an attorney-client relationship.

Can you get unemployment if you are fired in California?

Usually yes. Unemployment benefits are administered by California's Employment Development Department, and being fired does not by itself make you ineligible. You can be disqualified only if the employer proves you were discharged for misconduct connected to your work. The burden is on the employer, and the standard is demanding.

That is why many workers who assume a firing ends the conversation actually qualify. Being let go for not being a good fit, for performance the employer was unhappy with, or in a layoff generally does not disqualify you. If your employer contests the claim, that dispute is decided through the EDD process, not by the employer alone.

What kind of misconduct disqualifies you?

Disqualifying misconduct means a willful or wanton disregard of the employer's interests, such as deliberate rule-breaking or dishonesty, not ordinary shortcomings. California law and the unemployment appeals board draw a clear line: inefficiency, good-faith errors, poor performance, and inability to do the job are not misconduct. Intentional, serious wrongdoing is.

So a worker fired for repeated honest mistakes, for being too slow, or for a personality clash is generally still eligible, while a worker fired for theft or for deliberately violating a known, reasonable rule may not be. Isolated instances of ordinary negligence usually do not rise to misconduct. If the reason for your firing is disputed, that is often the heart of an unemployment appeal.

What if I quit instead of being fired?

If you quit, you are generally disqualified unless you had good cause to leave. Good cause means a real, substantial reason that would compel a reasonable person to quit, such as unsafe conditions, harassment the employer failed to fix, or a significant unlawful change to your job. Quitting over ordinary dissatisfaction usually will not qualify.

There is also an important overlap with employment law here. If conditions were so intolerable that you felt forced to resign, that may be a constructive discharge, which can both support good cause for benefits and be the basis of a legal claim. We explain that in our guide to wrongful termination in California.

How do I apply, and what if my employer contests it?

You apply directly through the Employment Development Department, and you should file promptly after losing your job. If the EDD or your employer questions your eligibility, you have the right to a hearing before an administrative law judge, and to appeal an unfavorable decision. Many initial denials are reversed on appeal.

You file your claim with the Employment Development Department (opens in a new tab), which determines your weekly benefit and eligibility. If your former employer challenges the claim by asserting misconduct, do not assume that ends it. You can present your side at a hearing, and the outcome turns on the actual facts of your separation, not just the employer's characterization of it.

Does unemployment affect a wrongful termination case?

No. Collecting unemployment does not waive your right to sue, and the two are decided separately. Unemployment is about income while you are between jobs. A wrongful termination or discrimination claim is about whether your firing was illegal. You can pursue both, and the same firing can involve both.

In fact, the reason you were fired matters for both. If you were let go for an unlawful reason, such as discrimination, retaliation, or refusing to break the law, that is not misconduct for unemployment purposes and it may also be the basis of a lawsuit. If that describes your situation, the useful next step is to have someone look at the specifics. Justin Silverman represents workers across Los Angeles, and a consultation with our office is free. You can reach us at 818-585-1267 or through the contact form on our site, or read our guide on whether you can sue your employer. The firm has recovered over $12 million for clients. Past results do not guarantee a similar outcome, and every case depends on its own facts.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, or help applying for benefits, contact the Employment Development Department or a lawyer.