Can I get EDD benefits if fired without any write-ups? HR says 'performance issues'

You absolutely CAN apply for unemployment! Being fired without documentation of progressive discipline actually works in your favor with EDD. I was in almost the exact same situation last year - fired for "not meeting expectations" but had zero write-ups. EDD approved my claim because my employer couldn't provide evidence they had given me warnings or a chance to improve. Apply immediately through UI Online and make sure to accurately describe the situation exactly as you did here.

ur definitely eligible!! companies do this all the time, they fire ppl without documentation then try to deny benefits. EDD usually sides with employees unless theres like actual misconduct (stealing, violence, etc). just be honest about what happened

Wrongful termination and UI eligibility are two separate issues. For unemployment, the key factor is whether you were fired for misconduct. Being a poor performer is NOT misconduct. Misconduct requires willful disregard for your employer's interests. When you apply, EDD will contact your employer for their side. Without documented warnings, they'll have a harder time proving misconduct. Be truthful in your application about being terminated for alleged performance issues without prior written warnings. If your claim is initially denied, APPEAL IMMEDIATELY. Many employers don't respond to appeals, resulting in automatic approval for the claimant.

Did they give you any severance? Sometimes companies will offer a small package if they know they're on shaky ground with the termination. Also did they make you sign anything during the exit?

I went through EXACTLY THIS last year!!! My boss fired me saying I wasn't "culture fit" but never gave me ANY warnings. I applied for EDD right away but kept getting the "PENDING" status for weeks and couldn't reach anyone. I finally used Claimyr (claimyr.com) to actually get through to a real EDD agent. They have this video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent told me my employer was contesting but since they had no documentation of any warnings, EDD sided with me! My payments started the next day after being stuck for almost a month. Definitely worth it when your benefits are on the line.

EDD specialist here. Let me clarify a few things: 1) You should absolutely apply for unemployment benefits. Don't delay. 2) Under California law, being fired for simple performance issues typically qualifies you for benefits. The burden is on the employer to prove misconduct. 3) Misconduct in UI law has a specific definition: a deliberate disregard for the employer's interests. Poor performance alone doesn't meet this standard. 4) The lack of written warnings works strongly in your favor. Document the exact timeline of events including your recent positive review. 5) If your employer contests your claim (many do automatically), you'll receive a Notice of Determination and interview appointment. Attend this and calmly present your facts. 6) If initially denied, appeal within 30 days. Many employers don't show up to appeal hearings, resulting in the claimant winning by default. Regarding wrongful termination - that's a separate legal issue that may require consulting with an employment attorney.

my cousin got fired from retail last year for supposedly being late all the time but they never wrote him up either and he got unemployment no problem so yeah definitely apply

Just wanted to add - make sure you have your final paystub and any performance reviews you mentioned when you file! Having that positive review from 4 months ago will be super helpful if they try to contest. Also take screenshots of any positive feedback emails or messages from coworkers/customers if you have them.

I don't think it's technically "wrongful termination" because California is an at-will state so they can fire you anytime for almost any reason (except discrimination). But you can DEFINITELY get unemployment! That's exactly what it's for - when you lose your job through no fault of your own.