EDD appeal hearing for performance-based firing vs. misconduct claim - how to prepare?

Poor performance is NOT misconduct and you should win this appeal if you present your case properly. I went through this exact situation last year and won my appeal. Here's what you need to do: 1. Bring multiple copies of that documentation showing you were terminated for performance (original + 3 copies) 2. Prepare a brief timeline of your employment, including training you received, efforts you made to improve, and any positive feedback during your employment 3. Be ready to explain the difference between misconduct (which is deliberate violation of rules) vs. inability to meet expectations 4. Don't get emotional or attack your employer during the hearing - stick to facts 5. If your manager acknowledges in writing it was performance-based, that's your strongest evidence The judge will likely ask about your work history, specific incidents, and whether you were warned about potential termination. Be honest but emphasize that you tried your best to meet expectations and never deliberately violated company policies.

i had simlar thing hapen. my boss said i was fired for being LATE but i had doctors notes!!!! bring EVERYTHING u have. all emails texts whatever. the judge was nice to me but my old boss tried to lie his ass off lol

This is a very winnable case. The legal standard for misconduct in California is quite specific - it requires a deliberate or substantial disregard of the employer's interests. Simply not meeting performance standards is NOT misconduct for UI purposes. Make sure you emphasize these points: 1. You made good faith efforts to meet the targets 2. You weren't violating any specific company policies 3. You were trying your best despite difficult circumstances Performance-based terminations generally qualify for benefits unless the employer can prove you were deliberately underperforming or violating specific policies. The burden of proof is on THEM to prove misconduct, not on you to disprove it. Dress business casual, arrive 30 minutes early, and address the ALJ (Administrative Law Judge) as "Judge" or "Your Honor." Be concise and stick to facts.

they ALWAYS say misconduct!!! my company did the same thing even though they laid me off!! its a standard tactic companies use to avoid paying into the unemployment system. dont stress too much

Has anyone tried calling EDD before their appeal hearing to ask questions about the process? I've been trying to reach them for days about my upcoming appeal but can't get through. Keep getting the "we're experiencing high call volume" message and then it hangs up. So frustrating!

Performance issues vs misconduct cases are very common and often successful on appeal. I help people prepare for these hearings, and here's what you should know: - The hearing is conducted by an Administrative Law Judge (ALJ) - It's somewhat formal but not like a criminal court - Typically lasts 30-45 minutes - Both sides present their case and can question each other - The employer must PROVE misconduct, which is a high bar Your documentation stating performance reasons is extremely valuable. Make sure you also explain any efforts you made to improve performance (training, asking for help, etc.). This strengthens your case that you were making a good faith effort. Bring 3 copies of all documents - one for you, one for the judge, one for employer. And yes, wear business casual at minimum.

my aunt works at edd she says theyre super backed up rite now so even if u win it could take like 3-4 weeks to get ur money just fyi

Everyone's advice has been really helpful! I'm working on organizing my documentation today. One more question - will the hearing be in person or over the phone? My notice doesn't specifically say, just gives an address and time.

Good luck with your hearing! I went through something similar about 6 months ago - also sales job, also performance vs misconduct dispute. The key thing that helped me win was being able to show I was actively trying to improve. Do you have any emails where you asked your manager for additional training, requested different territory assignments, or discussed strategies to meet targets? Those really help demonstrate good faith effort. Also, if you have any documentation showing the 180% increase in targets was unreasonable (like industry standards, previous years' data, or other team members' struggles), bring that too. The judge in my case was very interested in whether the performance expectations were realistic. One tip: practice explaining the difference between "couldn't meet targets despite trying" vs "deliberately underperforming" - that distinction is crucial. You got this!