EDD eligibility interview after employer claimed I was fired - need help ASAP!
I'm in a really stressful situation with my unemployment claim right now. I was let go from my marketing job in January and applied for UI benefits. EDD initially approved my claim and I received about $2,900 in payments over the last month. Yesterday I got an email notification saying my benefits might be revoked because my former employer is claiming they fired me for cause (which would make me ineligible). Here's what actually happened: I showed up to work like normal, and my boss called me into his office and handed me my final paycheck saying "it's not working out." When I asked for a specific reason, he literally said "because we live in California, I don't have to give you a reason" and asked me to clean out my desk. No written warning, no performance improvement plan, NOTHING. I just received an "Notice of Unemployment Insurance Benefits Eligibility Interview" in the mail scheduled for March 11, 2025. There's a section where I can provide my side of the story before the phone interview. Should I explain exactly what happened? Has anyone dealt with this situation before? I'm so worried they'll make me pay back all the benefits I've already received and used for rent. Any advice would be greatly appreciated!
18 comments
Sayid Hassan
Definitely explain your side in writing BEFORE the interview! I had almost the exact same situation last year. Make sure you clearly state that you were let go without any prior warnings or documentation of performance issues. Use the EXACT words your employer said to you when terminating you. This is super important because in California, an employer needs to show they had good cause to fire you (like misconduct or repeatedly violating policies after warnings). Also, gather any positive performance reviews, emails, or anything showing you were doing your job properly. During the phone interview, stay calm and stick to facts - what exactly happened the day you were let go, using your boss's exact words. If you never received written warnings, make sure to mention that. Don't panic about repaying benefits yet. EDD often sides with employees when employers can't provide documentation of misconduct.
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Arnav Bengali
•Thank you so much for the detailed advice! I do have my last performance review from 3 months ago which was mostly positive with just a few areas to improve. I'll definitely include my boss's exact words in the written statement. Do you think I should also mention that several other employees were let go around the same time? Seems like they were just cutting costs.
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Rachel Tao
THEY'RE TRYING TO AVOID PAYING UNEMPLOYMENT TAX!!! This happens ALL THE TIME! Companies fire people then claim it was for misconduct to avoid their unemployment insurance rates going up. Your boss basically admitted it when he refused to give you a reason - that's because he DIDN'T HAVE A LEGITIMATE ONE! The EDD system is rigged against regular people. I went through FOUR interviews and almost gave up before they finally approved my claim. Make sure you tell them you were NEVER given any warnings, verbal or written. That's the key!!
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Derek Olson
•This is actually true. Employers pay higher UI tax rates when more of their former employees collect benefits. But let's not panic the OP - EDD does have a fair process to sort this out. I've been through these eligibility interviews (both sides won), and the key is documentation. Without documented warnings from the employer, EDD typically rules in favor of the claimant.
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Danielle Mays
i had this same interview thing happen to me. just answer all their questions honestly and tell them exactly what happened. my boss tried to say i was fired for not showing up but i had text msgs proving i called in sick those days. make sure u have any proof of good work you did there. the lady who did my interview was actually really nice, not scary at all.
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Arnav Bengali
•That's reassuring to hear! I'm so nervous about this interview. I don't have any texts with my boss, but I do have some emails where he complimented my work about a month before letting me go. I'll make sure to have those ready.
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Roger Romero
When ur boss said "because we live in California, I don't have to give you a reason" he was talking about at-will employment, which means they can fire u without giving a reason BUT that doesn't mean u don't qualify for unemployment!! They still need to prove misconduct to deny benefits. I had my benifits questioned after my employer said I was "fired for performance" but during the interview I explained I never got any written warnings and EDD approved me anyway. Just stay calm and don't get emotional during the call.
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Danielle Mays
•this is so true! my cousin works in hr and says lots of companies dont understand the difference between being able to fire someone (which they can do anytime in california) vs denying unemployment (which is wayyyy harder to do). its confusing!
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Anna Kerber
Try calling EDD before your interview to ask specific questions about how to prepare, but good luck getting through!! I spent DAYS trying to talk to someone and kept getting the "we're experiencing high call volume" message over and over. Finally I found Claimyr.com which got me through to an EDD rep in less than 15 minutes. They have this service where they keep calling for you until they get through the busy signals. There's a youtube video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The rep I talked to gave me specific advice for my eligibility interview that really helped my case.
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Arnav Bengali
•I've been trying to call all morning with no luck! I'll check out that service - at this point I'm desperate to talk to someone at EDD before my interview. Thanks for the recommendation!
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Niko Ramsey
my interview got rescheduled twice and then they just approved me without ever doing it lol the whole system is a mess
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Rachel Tao
•You got LUCKY! Mine got rescheduled 3 times then they disqualified me because I "missed" the interview that they never actually called me for!!! Had to appeal and wait ANOTHER 6 weeks!!!
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Derek Olson
To address your specific situation with factual information: 1. Complete the written statement section thoroughly - this becomes part of your permanent record even if your interview gets rescheduled. 2. In California, the burden of proof is on the employer to demonstrate misconduct that would disqualify you from benefits. Misconduct in UI terms means a deliberate disregard for the employer's interests - not just poor performance or personality conflicts. 3. Document the sequence of events: no warnings, immediate termination, refusal to provide reason. 4. If your employer cannot provide documentation showing they warned you about specific issues before termination, they will likely fail to prove misconduct. 5. Be prepared that if the determination is reversed, you might face an overpayment notice. However, you can request a waiver if repayment would cause financial hardship. Most importantly, answer all questions during the interview truthfully but concisely. Don't volunteer extra information beyond what's asked.
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Arnav Bengali
•This is extremely helpful, thank you! I'm going to write out a timeline of my employment including the positive feedback I received prior to being let go. My biggest worry is having to repay benefits since I've already used them for rent and bills. If they do determine I'm ineligible, can I appeal that decision?
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Derek Olson
Yes, you absolutely can appeal any determination that disqualifies you. You'll have 30 days from the mailing date of the determination notice to file your appeal. The appeal process involves a hearing with an Administrative Law Judge, where both you and your former employer can present evidence and testimony. Around 60% of appeals in California result in a reversal when the claimant presents their case well. If you do end up needing to appeal, be sure to request a copy of your claim file before the hearing. This will show you exactly what your employer told EDD, giving you a chance to prepare specific responses to their allegations.
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Sayid Hassan
•One more thing about appeals - make sure to request any documents from your employer file too. Your former employer has to provide any documents they plan to use at the hearing. I've seen cases where employers suddenly produce "warning letters" that the employee never actually received. If this happens, you can challenge the authenticity during the hearing.
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Arnav Bengali
Thank you all so much for the advice and support! I've started preparing for my interview by: 1. Writing a detailed statement explaining exactly what happened the day I was let go 2. Gathering my positive performance review from November 3. Finding emails with positive feedback from my boss 4. Making notes about never receiving any written warnings I'm going to try that Claimyr service to see if I can talk to an EDD rep before my interview for any additional guidance. I feel much more prepared now. I'll update this thread after my interview to let you all know how it goes!
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Danielle Mays
•good luck!!! my interview wasn't nearly as scary as i thought it would be. just be honest and you'll be fine!
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