EDD denied benefits after employer changed 'let go' to 'fired' - can I appeal?

You absolutely need to appeal this ASAP! I went through something very similar last year and won my appeal. When your employer says "letting you go" but then tells EDD you were fired for misconduct, the burden of proof is on THEM to prove the misconduct. If they were vague about the reason and you had positive feedback on your performance plan, that works in your favor. Make sure you request a copy of your personnel file immediately (CA law gives you the right to this) and gather any documentation showing positive feedback. You have 30 days from the date on the disqualification notice to file your appeal, but do it right away. In your appeal letter, clearly state that you were told you were being "let go" and that no misconduct was ever discussed. Good luck!

OMG this happened to me too!! my boss told me they were downsizing my department but then EDD said i was fired for excessive tardiness?? I was like 5 min late maybe 3-4 times in 6 months and never got any warnings about it. the system is SO rigged against workers its not even funny. i appealed and had to wait like 11 weeks for a hearing and was stressing the ENTIRE time

If your employerr told you that your performance was improving and then they let you go without any clear misconduct, you definetly have a strong case for appeal. The key is they have to PROVE misconduct, not just claim it. Make sure you write down everything that happened with dates as soon as possible while its fresh in your mind. Also in California, misconduct has to be a DELIBERATE disregard of your employers interests, not just poor performance. Print out the appeal form from the EDD website and mail it certified so you have proof they received it.

I help people with EDD appeals and here's what you need to know: This type of situation happens ALL THE TIME. Employers often tell employees they're "letting them go" or it's "not working out" to avoid confrontation, then tell EDD something completely different to contest unemployment. For your appeal, you'll need: 1) Any written communication about your performance plan 2) The separation letter you mentioned 3) Names/contact info of any witnesses to your termination meeting 4) Timeline of events leading to separation. The fact they extended your plan then terminated you shortly after giving positive feedback is something to emphasize at your hearing. The judge will likely find this inconsistent with misconduct.

ur boss sounds like a jerk, sorry ur dealing with this!! my cousin had something like this happen and she just kept filing appeal after appeal and eventually they got tired of fighting her and she got her benefits lol sometimes u just gotta be annoying

Have you tried calling EDD to discuss this with a representative? They might be able to provide more details about why you were denied or what specific misconduct your employer is claiming. Getting through to EDD on the phone is nearly impossible though - I wasted WEEKS trying to reach someone. I finally used this service called Claimyr (claimyr.com) that got me connected to an EDD rep in under 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It was honestly worth it because the rep gave me specific info about my case that helped me prepare for my appeal hearing.

You said they had you on a performance plan wich makes me think they probably DID fire you for performance reasons to be honest. BUT that doesn't mean misconduct! Bad performance isn't automatically misconduct for EDD purposes. If you were genuinely trying to meet expectations and they acknowledged improvement, that's what matters. BE SURE to mention this at your hearing and bring any proof. Don't be nervous at the hearing, the judges are usually fair.

One more important thing: at your appeal hearing, your former employer needs to send someone who has FIRSTHAND knowledge of why you were terminated. If they send an HR person who wasn't in the termination meeting or doesn't have direct knowledge of the alleged misconduct, object to their testimony as hearsay. Many employers lose appeals because they send representatives who don't have direct knowledge of the situation. And if your employer doesn't attend the hearing at all, you'll almost certainly win.

Oh and one other thing - while your waiting for the appeal make sure you KEEP CERTIFYING for benefits every two weeks even though your getting denied right now! If you win your appeal they'll pay you for all those weeks but ONLY if you certified for them!! A lot of people dont realize this and miss out on backpay