EDD denial after 5 months at tech job - how to prove wrongful termination?

You absolutely need to appeal this! I went through something similar last year. For the appeal, gather: 1) Any positive performance reviews/feedback 2) Emails showing your work was acceptable 3) Company handbook about their termination process 4) Documentation showing they didn't follow their own process. The appeal hearing will be your chance to present evidence that contradicts their 'misconduct' claim. Performance issues aren't usually considered misconduct unless they can prove willful disregard for their interests. Make sure to request ALL documentation they submitted to EDD about your termination - you have a right to see it.

dude thats rough, market is crazy tight right now in cali. my roomate got laid off 3 months ago, still hasnt found anything. he had same thing happen w/ edd - denied for some bs reason. keep looking for work while u appeal, thats my advice

I successfully appealed a misconduct determination last year. Here's what worked for me: 1. Continue certifying every two weeks even while appealing 2. Request a copy of your case file from EDD to see exactly what your employer claimed 3. Prepare a written statement for your appeal explaining why their claims are false 4. Collect any evidence showing your work was satisfactory 5. Get statements from coworkers if possible The appeal hearing is usually by phone, and you'll be able to question your former employer. Be specific about how they failed to document any performance issues before termination. If they never gave you a chance to improve, that's important to emphasize.

Have you tried calling EDD to ask about the specific reason for denial? Sometimes they can tell you more details than what's in the letter. I'd get that info ASAP before preparing your appeal.

I feel for you! The job market in California is BRUTAL right now. My sister's been looking for 4 months with no luck. For your appeal, make sure you specifically address the "misconduct" claim. Under CA unemployment law, poor performance alone isn't misconduct - they have to prove you DELIBERATELY performed poorly or violated clear policies. If they never documented issues or warned you, that's in your favor. Good luck!

EDD IS THE WORST!!!!!! They deny EVERYONE first time around hoping people won't bother appealing. APPEAL APPEAL APPEAL!!!! I got denied for "misconduct" too when my restaurant cut my hours to nothing until I quit. Won my appeal because my boss couldn't prove I did anything wrong. The system is RIGGED but if you fight back you can win!!!!!

Update: I managed to get through to EDD this morning! The rep explained that my employer specifically claimed I missed deadlines and was warned multiple times, which is completely false. I have email evidence showing I met all my sprint commitments and even helped other team members. Going to request my complete file from EDD and start preparing my appeal evidence. Thanks everyone for the advice - I'll keep you posted on how the appeal goes.

Random question but did you have any attendance issues? Sometimes companies try to classify tardiness as misconduct, even when there were no formal warnings.

just went thru this whole thing myself. got fired from warehouse job last winter, they said i was on my phone too much but never wrote me up. edd denied me. i appealed and WON! got all backpay too. the judge asked my boss for proof they warned me, they had nothing. appeal hearing was over phone and lasted like 20 min. just be honest and have your proof ready.