EDD eligibility interview after probation period layoff - how to avoid false statement allegations?
I'm in a tricky situation with my EDD claim and could use advice before my eligibility interview next week. I was let go from my healthcare admin position after my 90-day probation despite receiving positive feedback throughout. My supervisor suddenly cited 'not meeting certain metrics' two weeks before letting me go, then quickly put me through additional training. The weird part is that after the training, she actually praised my improvement but still 'released' me (they carefully avoided saying 'fired' or 'terminated'). When filing for unemployment, I marked 'laid off due to assignment completion' because I honestly believe the department never intended to keep me due to budget constraints they were facing (they implemented a hiring freeze while I was there and two other probationary employees were also let go). My question is: how do I explain this situation during my EDD interview without it looking like I'm making false statements? I'm worried they'll say I was fired for performance when I genuinely believe I was laid off for budgetary reasons they wouldn't admit to. Has anyone navigated a similar situation with EDD?
20 comments
Yara Assad
This happens more often than you think. During your EDD interview, stick to verifiable facts - don't speculate about their intentions. Say you were released after probation, completed additional training when issues were raised, received positive feedback on your improvement, and were still let go without being told performance was the reason. The key is that they never explicitly stated you were terminated for misconduct or poor performance. If your employer contests and claims performance issues, EDD will likely ask them for documentation showing progressive discipline or warnings. If they can't provide this, you have a stronger case. Also, mention the hiring freeze and that other probationary employees were also let go - this supports the budget constraint explanation. Be prepared with dates, names of supervisors, and any written feedback you received.
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Paolo Bianchi
•Thank you for this detailed advice! I do have emails showing positive feedback and the training completion. Do you think I should bring those to the interview or just mention I have them if needed? Also, should I specifically bring up the hiring freeze during the interview or wait for them to ask about company circumstances?
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Olivia Clark
i got layed of after my probation too but they said it was cuz i wasnt fast enough but i think they just didnt wanna pay me more $$$ when probation ended lol. my interview was super easy, the edd person just asked why i was let go and i told them exactly what happened and got approved no problem. dont stress so much!
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Paolo Bianchi
•That's reassuring to hear! Did your employer contest your claim at all? Mine seems pretty organized so I'm worried they might have a whole case prepared against me.
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Javier Morales
BE CAREFUL how you phrase things in the interview!!! I made the mistake of saying I "thought" or "believed" certain things about why I was let go, and the EDD interviewer immediately focused on that as speculation. They want FACTS only. What exactly did your termination paperwork say? Did they give you anything in writing? Did they specifically say "performance issues" or "not meeting expectations"? These details matter A LOT. If you have ANY documentation showing positive feedback or that you successfully completed additional training, BRING IT to the interview!!! Also, don't volunteer information they don't ask for - answer questions directly and briefly. Let them ask follow-ups if they need more information.
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Paolo Bianchi
•Thanks for the warning! They didn't give me any formal termination paperwork - just told me verbally that my "assignment was complete" and my "services were no longer needed." I do have emails showing completed training and positive feedback afterward. I'll definitely bring those and stick to exactly what was said rather than my interpretations.
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Natasha Petrov
I recommend calling EDD directly to discuss your situation with an agent before your interview. They can provide guidance specific to your case and might even make notes in your file that could help during the eligibility interview. I was in a similar situation where my employer tried to disguise a layoff as a performance issue to avoid paying unemployment. When I finally reached an EDD agent, they gave me specific advice on how to phrase things that made a huge difference. If you're having trouble getting through on the EDD phone lines (which is likely), try using Claimyr (claimyr.com) - they'll get you connected to an EDD representative without the endless busy signals and dropped calls. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. I used them when I was dealing with my eligibility issues and got through to EDD in under an hour after trying for days on my own.
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Paolo Bianchi
•I've been trying to call EDD for three days with no luck! Their lines are constantly busy or I get disconnected. I'll check out that Claimyr service - at this point I'd try anything to speak with someone before my interview. Thanks for the suggestion!
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Connor O'Brien
The similar thing happened to me!!! I was working in retail and after my 120-day probation they let me go saying I "wasn't a good fit" even though I had met all sales goals. I honestly think they just hire people for probation periods to cover busy seasons then let them go to avoid giving benefits. In my EDD interview, the interviewer asked me really specific questions about whether I received any written warnings (I hadn't) and if my manager had ever documented performance issues (they hadn't). I got approved for benefits because the company couldn't prove I was fired for misconduct. So make sure to emphasize if there was no disciplinary paper trail!
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Amina Diallo
•this is SO common in retail! i've seen it happen at 3 different stores i worked at. they hire a bunch of ppl for holiday rush then suddenly everyone has "performance issues" in january lol
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Paolo Bianchi
•That's exactly what I suspect happened to me! Did your employer contest your claim at all? Also, how long after your interview did you find out you were approved?
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GamerGirl99
look what they really care about is if u were fired for misconduct or quit without good cause. if u were laid off or fired for not being fast enough or whatever thats not misconduct. misconduct has to be like stealing or excessive absences or threatening someone. not meeting performance expectations isnt usually misconduct unless they can prove u were deliberately not trying. dont overthink it just tell them exactly what happend.
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Yara Assad
•This is correct. EDD defines misconduct as a deliberate disregard for the employer's interests - not simply failing to meet expectations or not being a good fit. Unless you were written up for insubordination, excessive unexcused absences, or willful violation of policies, it's unlikely to be considered misconduct. Simply not mastering job duties quick enough or not meeting subjective performance standards doesn't typically disqualify you.
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Paolo Bianchi
•That's really helpful to understand the difference! I definitely wasn't engaging in any deliberate misconduct - I was trying my best and even completed extra training to improve when they raised concerns.
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Natasha Petrov
When you go to your interview, bring a timeline of events. List when you started, when you received positive feedback (with copies if possible), when concerns were first raised, when you completed additional training, and exactly what was said when you were let go. Be specific and factual. It helps the interviewer see the full picture. Also, if other probationary employees were let go around the same time, that's important evidence for your case that this was more about the company's situation than your performance. The more documentation you have, the better your chances.
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Paolo Bianchi
•A timeline is a great idea! I'll put that together tonight. I know the names of the other two probationary employees who were let go - should I mention them specifically or just state that other probationary employees were also released during the same period?
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Javier Morales
I just went through something VERY similar and won my case! My employer tried to say I was terminated for performance but I had no written warnings. During the interview I stated EXACTLY what my manager told me when letting me go - which was basically vague comments about "not being the right fit" but nothing specific about misconduct. Since they couldn't show a pattern of warnings or that I willfully disregarded policies, EDD approved my claim. Your situation sounds even stronger since you have evidence of completing additional training and receiving positive feedback! Just be honest, don't embellish, and stick to exact words/events rather than your interpretation of motives.
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Paolo Bianchi
•That's so similar to my situation! This gives me hope. How long did your interview last? I'm trying to prepare mentally for how extensive the questioning might be.
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Yara Assad
For your upcoming interview, remember that the burden of proof is on the employer to establish misconduct if they contest your claim. Based on what you've shared, it sounds like you were released after probation without being given clear performance documentation or progressive discipline. Make sure to mention that you were specifically told your "assignment was complete" and "services no longer needed" as this language suggests a layoff rather than termination for cause. Also note the timing coinciding with budget constraints and hiring freeze, but stick to factual observations rather than assumptions about their intentions. If questioned about why you selected "laid off due to assignment completion" on your application, simply explain that this most closely matched the language your employer used when releasing you.
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Paolo Bianchi
•Thank you! This is extremely helpful for framing my explanation. I'll focus on the exact language they used and the observable facts about the budget situation without speculating about their motives.
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