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.

I'm new to this whole unemployment process, but reading through everyone's responses is really reassuring! I'm in a similar boat - got let go from my marketing job last week for "performance issues" but never had any formal warnings or documentation. My manager just said I wasn't meeting unspecified expectations. It's so frustrating when they can't even tell you what you supposedly did wrong! I'm definitely going to apply for EDD benefits based on all the advice here. Thanks everyone for sharing your experiences - it really helps to know I'm not alone in this situation.

I'm going through something very similar right now! Got terminated last month from my customer service role for alleged "attitude problems" but never received any coaching, warnings, or documentation about my attitude. In fact, I consistently had high customer satisfaction scores and was even employee of the month twice last year. When I asked HR for specifics during my exit interview, they just kept saying it was "feedback from management" but couldn't provide examples. I applied for EDD benefits immediately and just got approved last week! My employer did try to contest it, but EDD sided with me because they couldn't provide any evidence of misconduct or progressive discipline. The key is being completely honest on your application about the circumstances - don't try to sugarcoat anything, just state the facts exactly as they happened. One thing that helped me was keeping a detailed timeline of events, including that positive performance review you mentioned. That kind of documentation really strengthens your case. Hang in there - this process is stressful but you have rights as an employee and EDD is generally fair when employers can't back up their claims with actual evidence.

I'm dealing with a very similar situation right now! Just got fired two weeks ago from my accounting firm for "not being a good fit" but like you, I never received any written warnings or performance improvement plans. My supervisor even gave me additional responsibilities just last month, which seems contradictory if my performance was truly an issue. I filed for EDD benefits right away after reading posts like this, and I'm currently in the "pending" phase waiting to hear back. The whole experience has been so demoralizing - especially when they can't give you concrete examples of what you supposedly did wrong. It feels like they're just using vague language to cover themselves. Reading all these success stories in the comments gives me hope that EDD will see through their lack of documentation. It's reassuring to know that the burden of proof is on the employer to show actual misconduct, not just vague "performance issues." Stay strong and definitely don't let them make you feel like you don't deserve benefits - companies shouldn't be able to fire people without cause and then deny them the safety net they've paid into through their taxes!

I'm really sorry this happened to you! I went through almost the exact same thing 6 months ago - fired from my job at a logistics company for "performance concerns" but never got a single write-up or formal warning. Like you, I had even received positive feedback in recent months. I was terrified about applying for EDD because I thought being "fired" automatically disqualified me, but that's not true at all! I applied within a few days and got approved. My employer tried to contest it, but during the phone interview with EDD, they asked my former boss for documentation of the performance issues and warnings they claimed to have given me. When they couldn't provide anything concrete, EDD ruled in my favor. The whole process took about 3 weeks from application to first payment, but it was such a relief. Don't let them make you feel like you did something wrong - vague "performance issues" without documentation is exactly what unemployment benefits are designed to help with. Apply as soon as possible and be completely honest about what happened. You've got this!

I'm going through something eerily similar right now! Got let go from my data entry position three weeks ago for "productivity concerns" but I never received any formal coaching, write-ups, or performance improvement plans. What's really frustrating is that I had just completed a major project ahead of deadline and received praise from my team lead just two weeks before they fired me. I was hesitant to apply for EDD at first because I thought being terminated would automatically disqualify me, but after reading all these responses I feel much more confident. It sounds like the key is that employers need to prove actual misconduct, not just vague performance complaints, and they can't do that without documentation. I'm applying tonight and keeping detailed notes of everything that happened, including screenshots of those positive feedback emails I still have access to. It's so comforting to see that EDD consistently sides with employees when employers can't back up their claims with real evidence. Thank you everyone for sharing your experiences - it really helps to know this isn't just happening to me and that there's light at the end of the tunnel!

I'm new to this community but unfortunately facing a very similar situation! I was terminated from my software testing job yesterday for "not meeting quality standards" but like so many others here, I never received any formal warnings, write-ups, or performance improvement plans. What makes it even more confusing is that I passed my 90-day review with flying colors and my QA metrics were consistently within acceptable ranges according to the monthly reports. Reading through everyone's experiences here is both heartbreaking (that this happens so frequently) and incredibly encouraging (that EDD tends to side with employees when employers can't provide documentation). It's clear that companies often use these vague termination reasons as a way to avoid paying unemployment, but thankfully the system seems designed to catch these tactics. I'm definitely going to apply for EDD benefits first thing tomorrow morning and document everything exactly as it happened. Thank you all for sharing your stories and advice - it's given me the confidence I needed to move forward with the application process. It's reassuring to know there's a community here that understands what we're going through!

I'm so sorry you're going through this - it's incredibly stressful to be blindsided like that, especially when you've been doing good work! I've been lurking in this community for a while and finally decided to create an account because your situation hits so close to home. I was terminated from my administrative assistant position about 8 months ago for alleged "communication issues" but never received any coaching, warnings, or documentation about my communication style. In fact, I had received compliments from multiple departments about how helpful and professional I was in my interactions. I applied for EDD benefits immediately and was approved without any issues. My employer didn't even try to contest it, which makes me think they knew they were on shaky ground with their reasoning. The whole experience taught me that these vague termination reasons are often just employers trying to avoid paying unemployment, but EDD sees right through it when there's no real documentation. Based on everything I've learned and all the success stories in this thread, you should definitely apply right away. Having that positive performance review from 4 months ago is going to be huge for your case. Don't let them make you doubt yourself - you know you were doing your job well, and EDD will recognize that too when they see the lack of proper documentation from your employer.