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EDD eligibility after surprise termination despite recent raise - performance firing question

Just got completely blindsided at work and need advice on EDD eligibility. I was fired yesterday supposedly for 'not meeting performance expectations' but here's the crazy part - I literally got a 6% raise TWO WEEKS ago during my review! During that same review, my manager was talking about exciting new responsibilities they wanted me to take on. Not a single word about performance issues or warnings. Then yesterday, out of nowhere, they call me in and say I'm terminated effective immediately for performance reasons. They gave me severance (about 3 weeks pay), but wouldn't provide any specific examples when I asked what performance issues they were referring to. I'm completely shocked. Will EDD disqualify me since this was technically a firing and not a layoff? I've heard performance-based terminations can make you ineligible, but this feels like they just made up a reason. Has anyone dealt with something similar?

JaylinCharles

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This same thing happened to a freind of mine. She got fired after getting a promotion and EDD still approved her! The key is how you explain it when you file. Don't call it 'fired' - just say your employment ended and let EDD ask for details. Then you explain exactly what happened - got a raise, no warnings, just terminated. Their lieing to avoid somethin else so don't feel bad about applying. My friend got approved because they couldnt prove she did anything wrong!

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Thanks for sharing that - gives me some hope! Did your friend have to go through an eligibility interview? I'm worried about what my employer might say when EDD contacts them.

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I'm an employment lawyer and can provide some clarity here. For UI benefits in California, the key factor is whether you were terminated for "misconduct." Performance issues typically don't rise to the level of misconduct unless there was willful disregard for employer interests. The fact that you received a raise recently and had no documented performance issues works strongly in your favor. When you file, be honest but precise. State you were terminated, the reason given was performance, but note the recent positive review and raise. EDD will likely schedule an eligibility interview. During that interview, emphasize: 1. No prior warnings or performance improvement plans 2. Recent positive review with raise 3. No specific examples provided when terminated The burden of proof is on the employer to establish misconduct. Document everything now while it's fresh - dates of raise, review comments, termination meeting details. Good luck!

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Thank you so much for this detailed explanation! This is incredibly helpful. I'll make sure to document everything just as you suggested. Should I include the severance information when I file?

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Lucas Schmidt

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THEY ARE HIDING SOMETHING!! Companies don't give raises to people they're about to fire for performance. They're probably doing layoffs but calling it performance to avoid some legal requirement. I'd file for unemployment AND talk to a lawyer about wrongful termination. Something fishy going on here.

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Freya Collins

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This 100%. My company did this during COVID. Called it "performance" for 5 people but we all knew it was cost-cutting. Didn't want to call it a layoff for some accounting reason. All 5 got UI benefits approved eventually.

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LongPeri

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Apply for benefits right away. I was in a very similar situation last year - surprise termination after just receiving good feedback. EDD will schedule you for a phone eligibility interview (which might take 3-4 weeks to happen). During that interview, they'll ask specific questions about warnings, documentation, and whether you violated any known policies. Be prepared for your employer to contest your claim - many do automatically. Don't panic if your initial certification weeks show as "pending" while this gets resolved. If your employer can't produce documentation showing progressive discipline or serious misconduct, you'll likely be approved. Make sure you certify on time every two weeks even while waiting for the eligibility interview. If approved, you'll get all those pending weeks paid. Good luck!

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Thanks for sharing your experience. The waiting period for the eligibility interview is what worries me - I can probably get by for a few weeks with the severance, but not much longer. Did you have any luck getting through to EDD by phone to check on your claim status during the waiting period?

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Oscar O'Neil

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Getting through to EDD phone lines is nearly impossible these days. I was trying for weeks and kept getting the "we're experiencing high call volume" message and disconnects. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual EDD rep within about 30 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep was able to see notes on my claim and explain exactly what was happening with my eligibility interview. Definitely worth it for peace of mind because otherwise I would have been stressing for weeks with no information.

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Thanks for the tip! I'll definitely look into that if I start having trouble getting through. I'm already stressing about how this will all play out.

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i got fired for performance to but my boss hated me lol. edd still paid me. just be honest when u file dont make stuff up cuz theyll catch u in a lie during the interview. took like 6 wks to get my first payment tho so have some savings

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Regarding your question about severance - yes, you should disclose it. However, severance doesn't typically make you ineligible for UI benefits. The EDD may delay the start of your benefits until after your severance period ends, depending on how it was structured. For example, if they provided 3 weeks of pay as a lump sum labeled as "severance," it might not delay your benefits. If they called it "in lieu of notice" or structured it as continuing your salary for 3 weeks, they might consider you employed through that period. Be completely transparent about the severance when you file to avoid potential overpayment issues later.

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That makes sense. It was a lump sum labeled as severance, so hopefully that won't delay things too much. I appreciate your help!

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LongPeri

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One more important thing - when you certify for benefits, make sure you're actively looking for work and documenting your job search efforts. With the new EDD requirements, you need to record your work search activities for each week. Just applying for benefits isn't enough - you have to certify properly every two weeks and show you're actively seeking employment. I'd recommend creating a simple spreadsheet or document where you record: - Date of application/networking/job search activity - Company/position/contact information - Method of contact (online application, email, phone, in-person) - Any follow-up actions or responses Keep this detailed log in case EDD requests proof of your work search activities later.

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JaylinCharles

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Good advise BUT they almost never actually ask for the work search proof these days unless they suspect somethings up. I just put "YES" for the work search question and never had to show any proof for my whole claim. Still smart to keep records tho just incase!!

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ok so i no ppl r saying u should get benefits but my friend got denied and she was in almost EXATLY the same situation!!! her company said "performance issues" but never wrote her up or nothing. her boss just didn't like her. EDD denied her and said she got fired for cause. she had to appeal and it took like 3 MONTHS to get a hearing. she won at appeal but had no $$ for 3 months!! so just be prepared it might not be easy

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LongPeri

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This is an important point about being prepared financially. The EDD process can be unpredictable. Even with a strong case, initial denials do happen and appeals can take months. If you have the severance, try to budget it carefully in case there's a delay. Also, if you do get denied initially, definitely appeal - the success rate for appeals is actually quite high, especially in cases like this where there's no documented progressive discipline.

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