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

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!

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!

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.

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!

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.

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

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.

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.

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

This sounds like a really tough situation, but based on what everyone's shared here, you definitely have a strong case for benefits. The timing of your raise is huge - companies don't give performance raises to people they're planning to fire for poor performance. That's going to be really hard for them to explain to EDD. I'd recommend filing your claim as soon as possible and being completely honest about everything - the raise, the positive review, the lack of warnings, and the severance. Document everything you can remember from that review meeting where you got the raise and they talked about new responsibilities. Even if you don't have it in writing, your recollection of those conversations will be important. The waiting period for the eligibility interview is frustrating, but try to stay patient. Use that time to start your job search and keep good records like others mentioned. Even if your employer contests it (which they probably will), the facts are on your side. A recent raise with no documentation of performance issues is pretty compelling evidence that this wasn't a legitimate performance termination. Good luck with your claim - keep us updated on how it goes!

I went through something very similar about 8 months ago. Got a small raise in January, then was suddenly "let go for performance" in March with zero documentation or prior warnings. The whole thing felt so sketchy. I filed for EDD benefits immediately and was honest about everything - told them I was terminated for alleged performance issues but had recently received a raise and positive feedback. They scheduled me for an eligibility interview about 3 weeks later. During the interview, the EDD rep asked really specific questions about whether I had any written warnings, performance improvement plans, or if I violated any specific policies. When I said no to all of that, and explained about the recent raise, she seemed pretty skeptical of my employer's story. My employer did contest the claim, but EDD approved me anyway because they couldn't provide any documentation showing I actually did anything wrong. The key was that I had that recent raise - the EDD rep said it would be very unusual for a company to give someone a raise if they were truly having performance problems. The whole process took about 6 weeks from filing to getting my first payment, but I did get all the back-dated weeks once approved. Definitely file right away and don't let them intimidate you - if they really fired you for performance, they should have documentation to back it up.

I'm so sorry this happened to you - what a shock that must have been! I'm actually going through something eerily similar right now. I was let go last month supposedly for "performance issues" but had just gotten great feedback in my quarterly review and was being considered for a team lead position. No warnings, no documentation, nothing. I filed for EDD benefits and just had my eligibility interview yesterday. The rep asked a lot of questions about prior warnings (none), documentation (none), and whether I violated any specific policies (nope). When I mentioned the recent positive review and being considered for promotion, she made a note and said that was "interesting timing." My employer is contesting it of course, but my case worker seemed pretty skeptical of their story. She basically said that if someone was really having performance problems serious enough to warrant immediate termination, there should be some kind of paper trail showing progressive discipline or at least documentation of the issues. The whole process has been stressful but honestly, after reading everyone's responses here and going through the interview myself, I think you have a really strong case. That raise two weeks before termination is going to be very hard for them to explain away. File as soon as you can and don't let them make you feel like you don't deserve benefits - if they really had legitimate performance concerns, they should have addressed them before giving you a raise!