Can I get California EDD unemployment if I was fired for performance issues?

Oh wow that's actually really reassuring. So the fact that they called it 'performance' actually works in my favor?

Yes exactly. EDD looks at WHY you were let go, not just what the employer calls it. Performance issues almost always fall on the claimant-friendly side of the line.

This is correct. Employers sometimes try to reframe performance issues as misconduct when they respond to EDD's questionnaire though so make sure you document everything on your end.

How long does adjudication usually take? I've been in it for almost 2 weeks now.

mine took 3 weeks, then another week to actually get paid. Just hang tight and keep filing your weekly certifications no matter what! that part is super important

Typically 2-4 weeks but it can stretch longer. The key thing is keep certifying every week even while in adjudication or you'll have gaps in your payment.

Wait does that actually work? I've been trying to call for days and can't get through to anyone

I was skeptical too but I used it when my claim got stuck and it worked. Got an actual human on the phone within a couple hours

How does something like that even work with EDD? Their phone system is a nightmare

What if my employer tells EDD it WAS misconduct even though they told me it was performance? Can they change the story?

They can say whatever they want to EDD but the facts matter more than the labels. If they called it performance-based in your termination letter, that documentation is gold. Keep everything they ever sent you in writing.

Exactly. And you have the right to respond to EDD's determination if you disagree with how the employer characterized it. The burden is actually on the employer to prove misconduct, not on you.

This is exactly what happened to me! Two written warnings before the termination. You're saying the warnings don't disqualify you?

Nope. They showed I knew I was on thin ice performance-wise but they still didn't make it 'misconduct.' EDD approved me no problem.

Had the same thing happen. PIP then fired. Got benefits. The key is the nature of the issue, not whether you knew about it beforehand.

Your friend is wrong. Be completely honest on your EDD application. EDD cross-references everything with your employer anyway. If you minimize or omit the warnings and your employer mentions them, it looks like you were hiding something. Just answer honestly - you were fired for performance issues, there were prior warnings, and you were not terminated for any intentional wrongdoing.

ok good because I already mentioned the warnings lol. was worried I messed up

You did the right thing. Honesty is always the correct approach with EDD claims.

Oh interesting, I didn't know that. My old company was a mid-sized tech startup. Not sure if they'd even respond honestly.

Even if they do respond, again - performance is not misconduct. They'd have to specifically claim intentional misconduct and have documentation to back it up to have any real shot at getting you denied.

This happened with mine! Former employer never responded and I got approved within like 10 days. Was shocked how fast it went.

Right?! That's exactly how I felt when I first saw 'adjudication' on my account. Thought it meant I was being denied.

It's one of the most misunderstood parts of the EDD process. Adjudication literally just means 'review.' It's not a judgment against you, it's just a process.

Absolutely yes. If you get a Notice of Determination that says you're disqualified, you have 30 days from the mailing date to file an appeal. The appeal goes to the California Unemployment Insurance Appeals Board (CUIAB) and you get an actual hearing with an administrative law judge. A lot of people win on appeal because the standard of proof is pretty strict for misconduct findings.

Ok good to know. Hoping it doesn't come to that but nice to have a backup plan.

Appeals for performance-related firings tend to go well for claimants. The employer really does have the burden of proving the misconduct, and performance issues rarely clear that bar.

That's a more complicated situation actually. Quitting typically triggers a 'voluntarily left work without good cause' disqualification. However there's an exception called 'constructive discharge' where if you can show you were forced out by the employer's actions. It's harder to prove than just being fired for performance. Your coworker should consult with an unemployment attorney or at least file and let EDD make the call.

Ah got it. So staying until they actually fire you is generally better for a UI claim if you can?

From a pure benefits standpoint yes, being terminated (even for performance) is generally a better position than voluntary quit. Though of course real life circumstances are more complicated.

Wait I did NOT know this. I've been filing my weekly certs but I haven't been keeping a job search log. Do I need to write down everywhere I apply?

Yes! Keep a spreadsheet or even just notes with: the employer name, how you contacted them (website, email, in person), the date, and the position you applied for. You don't submit this to EDD weekly but if they ever audit you, you need to produce it within 10 days.

This is SO important and a lot of people don't find out until it's too late. Start your log now and backfill it as best you can from your email sent folder and browser history.

That's terrifying that an employer can just... add new allegations like that. What did you have to do in the appeal?

I had to get a copy of my personnel file, show that the discount thing was never in any of my write ups, and argue that they made it up after the fact. The appeals judge was actually pretty reasonable.

This is why keeping copies of everything your employer ever gave you in writing is so critical. If they fabricate things later you need documentation that those allegations never existed before.

Honestly the phone situation is terrible. I mentioned it earlier in this thread but Claimyr (claimyr.com) is what finally worked for me. They connect you to an actual EDD representative - there's a demo video at https://youtu.be/JmuwXR7HA10 that shows what the process looks like. Way better than trying the EDD phone lottery every morning.

I'll check it out. At this point I'd try anything. Need to know what's actually happening with my adjudication.

same, I've been trying to call for a week straight. going to look into this

Good to know. Do they notify you through UI Online or by mail first?

Usually mail first but UI Online updates around the same time. Check both. Also make sure your address in UI Online is current because if the letter goes to a wrong address you won't know about deadlines to appeal.

Yes this is a really good point. I've seen people miss their 30-day appeal deadline because they had an old address on file and didn't get the denial letter until it was too late to appeal.

Your length of employment doesn't directly affect whether you qualify based on the reason for separation. However it does affect how much your weekly benefit amount will be. EDD looks at your wages in the base period (generally the first 4 of the last 5 completed calendar quarters) to calculate your benefit amount. 8 months of employment should give you enough wage history to calculate a benefit, but the amount might be lower than someone with a longer tenure.

ok that makes sense. I made decent money so hopefully the weekly amount will still be enough to cover basics

Also worth noting - even if your base period wages are mostly from your previous job before this one, those wages count too. EDD looks at your whole base period, not just your most recent employer.

5 weeks is definitely on the longer side. Best thing you can do is actually reach an EDD agent who can look at your specific claim. I know the phone system is brutal but that Claimyr service I mentioned really did get me through when nothing else worked. claimyr.com - the video demo is at https://youtu.be/JmuwXR7HA10. An agent can tell you if there's something holding up your claim specifically.

I'll try it. At this point I've burned so many hours trying to call EDD the normal way.

5 weeks happened to me too. Mine resolved on its own but if I knew about a way to actually reach an agent back then I would have used it for peace of mind if nothing else.

This is exactly what I needed to hear!! Congrats! How did you find out - did UI Online update before the letter came?

UI Online showed payment processing before the physical letter came. Check your UI Online account first thing every morning during adjudication - when the status changes from 'pending' to something about payment you'll know.

Congrats! This is giving me hope too

Good to know. What counts as income for EDD purposes - like if I mow my neighbor's lawn for $50?

Technically yes, any income for services should be reported. The math usually still works in your favor for small amounts (EDD deducts earnings but you still get partial benefits) but you have to report it.

The overpayment process is genuinely painful so yes - always report income when certifying, even if it seems too small to matter. Better safe than an overpayment notice 18 months later.

The backstory of WHY your performance suffered (being stretched too thin after layoffs) could actually help your case if EDD asks about it. It further demonstrates this wasn't intentional misconduct but an impossible situation the employer put you in.

Oh I hadn't thought about framing it that way. Good point.

Document that context. If you have emails showing you raised concerns about workload or asked for resources that weren't provided, that kind of thing is useful to reference in your EDD interview if they call you.

Congrats!! Welcome to the other side lol

So happy for you! This is how it should work - the system actually functioning correctly for someone who got an unfair deal.

This gives me so much hope. Just filed yesterday after getting fired for performance. Bookmarking this thread.