Can I get unemployment after being fired or quitting? Fixing missing wages

This page covers who qualifies, how to file and how to fix missing wages. Appeals are covered on Appeal an unemployment denial. This is general information, not legal advice.

Who can get unemployment?

The EDD's eligibility page lists these rules. You must:

• Have a Social Security number, or have authorization to work in the United States if you are not a citizen
• Have earned enough wages in your base period. The EDD calls this "a specific 12 month period" that shows whether you earned enough to set up a claim
• Be out of work through no fault of your own
• Be physically able and available to work
• Look for work each week

You must meet these rules when you apply and each time you certify for payment.

If you get benefits, the EDD says your weekly amount will be between $40 and $450, depending on your past wages. Working part time? You can still apply, and you certify for the weeks you worked less, reporting every dollar you earned.

Does my immigration status matter?

Yes. Unemployment is one of the few work benefits where status matters. The EDD's page for undocumented workers says noncitizens must show they were in satisfactory immigration status and allowed to work when they earned the wages used for the claim. The EDD's eligibility page asks for a Social Security number or, for noncitizens, permission to work. The EDD checks status and work permission with the Department of Homeland Security.

What that means for you:

• You have a green card or are a citizen: status is not a barrier.
• You have a valid work permit, for example through DACA, TPS or a pending asylum case: you may qualify, using wages you earned while your permit was valid.
• Your permit lapsed for a while, or your status is pending or unclear: talk to an immigration attorney or a workers' rights clinic before you file. Ask which wages count.
• You never had permission to work: unemployment is not open to you. Do not file with someone else's Social Security number. Giving false information to the EDD can lead to penalties, fines or criminal charges. Other help is on Lost your job and cannot get unemployment?

Can I get unemployment if I was fired?

Often, yes. The EDD says that if you were fired, your employer must prove there was misconduct. California law starts from the presumption that a fired worker was not let go for misconduct, and the employer has to send the EDD facts to overcome it (Unemployment Insurance Code 1256). Being fired does not, by itself, mean you cannot get benefits. The EDD decides, based on what really happened.

What to do:

• Apply anyway. Do not assume being fired means no.
• Tell the truth, in your own words. Say what your employer said was the reason, and what really happened.
• Write it down now: the date, who fired you, what they said, and any warnings you did or did not get.
• Save proof: texts, emails, schedules, write ups and names of coworkers who saw what happened.

If you were fired after you complained about pay, safety or your rights, that may also be illegal retaliation. You have one year to file a retaliation complaint with the Labor Commissioner. See Your rights at work.

Can I get unemployment if I quit?

Sometimes. The EDD says that if you quit, you need to show you had a good reason. The law names some good reasons directly (UI Code 1256):

• Leaving to protect yourself or your family from domestic violence or abuse. See Job rights in California for survivors of abuse.
• Moving with a spouse or domestic partner (including one you are about to marry) when commuting back to the job is not practical.

Other reasons are judged case by case. The state's unemployment appeals board has held that a harsh, hostile workplace can be good cause to quit, if you first made a reasonable effort to get your employer to fix it (Precedent Decision P-B-514, 2018). That is why trying to fix the problem first, and keeping proof that you tried, matters.

Before you quit, if you can:

• Write down the problem and each time you asked for it to be fixed.
• Ask in writing for the change you need.
• Keep copies of what you sent and any answer.
• Talk to a clinic. Quitting is hard to undo, and a short call can help you decide.

If you are leaving because of harassment, unsafe work or abuse, get help first if it is safe to do so. See Sexual harassment at work, including if you want to quit.

How do I apply?

1. Gather your information: your Social Security number, work permit details if you are not a citizen, the names and addresses of your employers from the past 18 months, your last day of work and why the job ended.
2. File your claim. Apply online through myEDD from the EDD's filing page. If you cannot apply online or need help, call the EDD. The EDD's contact page lists these unemployment lines, open Monday to Friday, 8 a.m. to 5 p.m. Pacific, except state holidays:
   • English and Spanish: 1-800-300-5616
   • Cantonese: 1-800-547-3506
   • Mandarin: 1-866-303-0706
   • Vietnamese: 1-800-547-2058
   • Tagalog: 1-866-395-1513
   • Korean: 1-844-660-0877
   • Armenian: 1-855-528-1518
   • All other languages: 1-800-300-5616
3. Watch for an interview. If your answers raise a question, the EDD may schedule a phone interview, email you a questionnaire or mail a Request for Eligibility Information (DE 4365FF). Answer on time, and keep a copy of what you send.
4. Read your award notice. The Notice of Unemployment Insurance Award (DE 429Z) lists the wages the EDD found and your weekly amount. Check it against your own records right away. You have 30 days to dispute it.
5. Certify every two weeks. Certifying means answering questions to show you are still eligible. You can certify online, by phone or by mail. Answer every question truthfully, including about work, pay and whether you are allowed to work. Missing a certification or answering wrong can delay your payments.
6. Expect a waiting week. The EDD says you serve a one week unpaid waiting period before you get paid. Your first certification usually covers the waiting week and one paid week. Processing and the first payment take about three weeks.
7. Look for work each week and keep a list of where you applied.

How long does it last? Regular unemployment pays up to 26 weeks of benefits, and a claim's benefit year ends 12 months after it starts (EDD benefit flowchart, an EDD handout revised in 2021).

What if wages are missing from my claim?

This happens a lot. Your award notice may show less pay than you earned, or none at all from one job. Common reasons:

• Your employer paid you in cash or did not report your wages.
• Your employer called you an independent contractor, but you were really an employee.

If your employer called you a contractor, California generally treats a worker as an employee unless the business proves all three parts of the ABC test: you were free from its control, the work was outside its usual business, and you had your own independent business doing that work (Labor and Workforce Development Agency). Gig, delivery, cleaning and salon workers are sometimes employees under this test. See Am I an employee or an independent contractor?

The EDD's steps (missing wages page):

1. Compare the wages on your award notice (DE 429Z) with your own records, quarter by quarter.
2. Ask the EDD to add the wages. The EDD will send you an Affidavit of Wages (DE 23A).
3. Fill it out completely and sign it. Attach proof of what you earned: pay records, pay stubs, W 2s, 1099s or cash receipts. Bank deposits and payment app records can help show the pattern. Send copies, never originals.
4. Fax or mail it to the number or address printed on the form.
5. Watch your mail. If the EDD adds your wages, you get a Notice of Amended Unemployment Insurance Award. If you think it is still wrong, contact the EDD and ask for a review.

Another way: ask for a wage investigation. Log in to UI Online, choose "Contact" from the main menu, explain why you disagree, and give your wage information. The EDD then contacts you and your employer. This takes several weeks, so answer any EDD message quickly.

Watch the 30 day deadline. If you disagree with your award notice, the EDD says to mail a letter to the address on the notice within 30 days of the mail date at the top. Include your full name, address, Social Security number, proof of wages and your work history. If a listed employer is wrong, say so. If you miss the deadline you may lose your chance at a review, though the EDD can extend it for good cause.

Keep certifying every two weeks while the EDD looks into it. And report any wrong employer or wage on your notice: the EDD warns that staying quiet can lead to an overpayment, penalties or disqualification.

If your employer also owes you unpaid wages, you can file a wage claim with the Labor Commissioner at the same time, whatever your status. See How to file a wage claim.

Example: wages from a cash job are missing

This is a made up example to show the steps.

Rosa worked two jobs last year with a valid work permit: a restaurant that paid by check, and a cleaning company that paid her cash and called her a contractor. She was laid off from the restaurant in September. Her award notice lists only the restaurant wages, so her weekly amount is low.

The same week she gets the notice, she calls the EDD and asks to add wages. The EDD mails her a DE 23A. She lists the cleaning company, her dates and her pay by quarter, signs it, and attaches copies of her own hours log, photos of the cash envelopes with dates, and texts from the owner about her schedule. She mails it within 30 days of the notice date and keeps a copy. She keeps certifying every two weeks. A few weeks later she gets an amended award with the added wages. She also calls a workers' rights clinic about whether the cleaning company owes her more under the ABC test.

Common mistakes to avoid

• Waiting to apply. Apply the first week you are out of work.
• Guessing on dates or reasons. Use your notes. Say "I don't remember" if you do not.
• Missing the interview or a letter. Check your mail and your EDD online account often.
• Ignoring a wrong award notice. The 30 day clock starts on the mail date.
• Not reporting pay. Report all work and earnings when you certify, even small amounts.
• Paying someone to file for you. You can file yourself, and free clinics can help. Be careful of anyone who asks for money.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• EDD Unemployment Insurance (statewide): filing, certifying and claim questions. 1-800-300-5616 (English and Spanish), Monday to Friday, 8 a.m. to 5 p.m. Contact EDD
• Legal Aid at Work (California): a free and confidential workers' rights clinic for people within its income limits, or age 60 and over, in Spanish and many other languages. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic
• Community Legal Services in East Palo Alto (for San Mateo and Santa Clara county residents): immigration questions for low income residents. 650-326-6440, walk in at 1861 Bay Road, Monday to Friday, 9 a.m. to 1 p.m.

More options: Free help with a work problem in the Bay Area.

Questions people ask

My employer says I cannot get unemployment because I was fired. Is that true? Not necessarily. The EDD decides, not your employer. Your employer must prove misconduct.

My DACA work permit expired while I was waiting for my renewal. Can I still file? You must be allowed to work when you apply and each time you certify. Wages earned while your permit was valid may still count later. Ask a clinic or attorney about your exact dates. See What happens to my job if my DACA work permit ends?

I quit to take care of my sick child. Tell the EDD exactly why. You may also have rights to family leave or pay instead. See Paid Family Leave to care for a sick family member.

Why did my first payment take so long? The EDD says it takes about three weeks to process a claim and make the first payment, and the first week is an unpaid waiting week. If it has been longer, check UI Online for a letter or interview request.

Is there a checklist I can print?

A lost job is not the end of your story. Ask for what you are owed, and keep going.