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Savannah Glover

EDD claim filing - choosing 'separation category' when employer claims 'substandard performance' but I had a perfect record

I'm completely stressed about filing my EDD claim after being suddenly terminated yesterday. My separation letter states 'substandard work performance' but I had ZERO write-ups, perfect attendance, and consistently met all my quarterly objectives in my 3 years at this tech company. I'm at the separation category part of the application and I'm stuck. If I select what matches their bogus reason, am I accidentally admitting to poor performance? The EDD site warns: 'Your last employer will be contacted to verify the reason you are no longer working. Providing false information is considered fraud and may result in penalties.' Should I just select what the company stated even though I completely disagree? I don't want to be accused of fraud but I also don't want to hurt my chances of getting benefits when I know their reason isn't true. Has anyone dealt with this situation before?

You should absolutely select the reason that matches what your employer stated on your separation letter. EDD isn't asking if you agree with the reason - they're asking what reason was provided. When EDD contacts your employer, they'll match what you said with what the employer reports. If they don't match, that raises red flags. Once your claim is filed, you'll likely have a phone interview where you can explain your side of the story and provide evidence of your good performance. Just because you select their stated reason doesn't mean you're admitting guilt - you'll have the opportunity to dispute it later in the process.

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Thank you for clarifying! That makes me feel better. So even if I select something like 'discharged/fired - performance' I'll still be able to explain my side during the phone interview? Do you know how soon after filing they typically schedule these interviews?

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jsut went thru this exact thing last month. put EXACTLY what ur termination leter says even if its BS. when they call u for the interview, THATS when u get to tell ur side. had same situstion and got approved for benefits even tho company tried to say i was bad employee

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That's such a relief to hear! Did you have to provide any documentation during your interview to prove your performance wasn't actually substandard?

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I've been through this THREE TIMES with different employers in California. The separation category is just the starting point - EDD knows employers often try to avoid paying by claiming performance issues. Just put what the letter says, but start gathering evidence NOW to support your case: - Performance reviews - Emails with positive feedback - Any awards or recognition - Witness statements from coworkers (if possible) During your eligibility interview, calmly explain that there were no documented performance issues prior to termination. If they truly had concerns, they should have provided written warnings or a performance improvement plan. The sudden termination without prior documentation often looks suspicious to EDD evaluators. Remember, in California, the burden of proof is on the employer to show misconduct, not just poor performance. "Substandard work" isn't automatically disqualifying unless they can prove willful misconduct.

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this is 100% correct! employers hate paying UI so they try these tactics all the time

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I had something similar happen in 2022. Just be totally honest on your application - put the exact reason your employer gave. The crucial part is the phone interview, which is where the real determination happens. BTW getting through to EDD to check on your claim status is nearly impossible right now. After spending two weeks trying, I finally used Claimyr.com to get through to a representative quickly. They have a system that gets you into the EDD phone queue without the hours of redialing. There's a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Definitely worth it when you're waiting for updates on your claim or interview date.

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Thanks for the tip about the phone service - that's good to know. Did you have to wait long for your interview after filing your claim? I'm worried about finances while waiting for this to get resolved.

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my interview was scheduled for 3 weeks after i applied but they never even called me!! just got a letter saying i was approved. dont stress to much

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Not everyone gets the same experience with interviews. Mine was scheduled for 2 weeks out but then got pushed back TWICE. Ended up being almost 6 weeks before I actually had my interview. Just be prepared for either scenario.

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One more thing - be very careful how you describe the situation in your interview. Do NOT say negative things about your former employer or make accusations. Stick to objective facts: ✓ "I received no written warnings about performance issues prior to termination" ✓ "My last performance review on [date] rated me as meeting expectations" ✓ "I was not placed on a performance improvement plan" ✗ "My boss was out to get me" ✗ "The company is lying about my performance" ✗ "They just wanted to hire someone cheaper" The first set of statements are factual and verifiable. The second set, even if true, sound emotional and can undermine your credibility.

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This is extremely helpful advice. I'll make sure to stick to the facts and not let my emotions take over during the interview. I do have copies of my positive performance reviews from the last two quarters, so I'll have those ready.

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dont they have to proove u did something wrong?? how can they just say ur performance was bad without any evedince???

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You're right - the burden of proof is on the employer to demonstrate that the claimant engaged in misconduct. Simply stating "substandard performance" without documentation typically isn't enough to deny benefits. However, the claimant still needs to accurately report the employer's stated reason on the initial application, even if they disagree with it.

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When I filed mine last year, I put exactly what my termination letter said even though it was completely unfair. I was super nervous about the phone interview but it wasn't as scary as I thought. The interviewer just asked me a bunch of questions and let me tell my side. Got approved for benefits within a week after that. Just be honest and you'll be fine!

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That's reassuring to hear! I'm going to go ahead and complete my application today using their stated reason, then prepare all my documentation for the interview. Thanks everyone for your help!

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