EDD eligibility with performance termination after 17 years - should I apply?
Yesterday I got let go from my job after 17 years with the same company. They cited "performance issues" as the reason, but honestly it came out of nowhere. I had a few negative reviews recently but nothing major (definitely no misconduct or policy violations). I'm feeling pretty blindsided and worried about finances since I'm the primary earner in my household. They already scheduled me for a phone interview with EDD next week (March 3-4). I'm really nervous about this interview. Can they deny my unemployment benefits just because my employer said I wasn't performing well? I've heard that performance-based terminations might still qualify for unemployment, but I'm getting conflicting information. Has anyone been through something similar? Should I prepare anything specific for this phone interview? Any advice would be so appreciated!
21 comments
Alfredo Lugo
You should definitely apply for UI benefits! "Performance issues" is generally NOT considered misconduct in California, which is what would disqualify you. Misconduct requires a willful and deliberate violation of your employer's interests. Simply not meeting performance expectations is rarely grounds for disqualification. For your phone interview, be prepared to explain: 1. What specific performance issues they cited 2. Whether you received warnings or progressive discipline 3. Whether you tried to improve after receiving feedback 4. How long the issues existed The fact that you worked there for 17 years will work in your favor. Document everything, including any positive reviews from your history. Stay calm and factual during the interview - don't badmouth your employer even if you're upset.
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Gianna Scott
•Thank you so much for the detailed response! That makes me feel a bit better. They did give me a performance improvement plan about 3 months ago, but my manager kept changing the goals. I'm worried they'll use this against me somehow. Should I mention this during the interview?
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Sydney Torres
Ugh my company did the SAME THING to me last yr!! They said "performance" but everyone knew they were just cutting costs. U definitely qualify for unemployment!! They gonna make u wait for the interview but don't stress, its just procedure. Good luck!!
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Kaitlyn Jenkins
Actually, it depends on the specifics. If your performance issues were due to things within your control that you failed to fix after warnings, EDD could potentially rule against you. That said, the burden of proof is on the employer. They need to prove you deliberately performed poorly or violated policies. Simple inability to meet unreasonable quotas or subjective performance metrics usually isn't enough to deny benefits. I went through this last year. My company cited "poor performance" but during my interview I explained that I had never received proper training for new systems they implemented. EDD approved my claim because they determined I was making good faith efforts to improve. Be completely honest in your interview, don't exaggerate or minimize anything. Stick to facts, not emotions.
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Gianna Scott
•This is super helpful. Did you bring any documentation to your interview? I'm not sure what I should have on hand when they call.
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Kaitlyn Jenkins
•The interview is over the phone, so you don't need to "bring" anything, but have your documents ready to reference. I prepared a simple timeline with dates of performance discussions, copies of my reviews (including past positive ones), and notes about what I did to try to improve. Having these details ready made me sound more credible during the interview. Make sure you can explain specific examples of how you tried to meet their expectations.
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Caleb Bell
I worked at my last job for 23 years before they fired me for "not meeting new company metrics" which was BS because they just wanted younger cheaper workers. EDD approved me no problem even tho my boss fought it. You'll be fine
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Danielle Campbell
Dont let the phone interview stress you out. I was so nervous for mine i could barely sleep the night before! But the EDD interviewer was actually pretty nice and just asked basic questions. The whole thing took like 15 minutes. They just wanna hear your side of the story. With 17 years at the same place, thats gonna look real good for you.
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Gianna Scott
•That's reassuring! I've been so stressed about it. Did they ask a lot of specific questions about your performance?
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Danielle Campbell
•Yeah they asked what my employer's complaints were, if I got written up, if I was given warnings, and what I did to try to improve. Just answer honestly. They know employers often exaggerate reasons to avoid paying unemployment.
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Rhett Bowman
THE SYSTEM IS RIGGED!! I had almost the exact same situation and EDD sided with my employer because they claimed I "failed to meet reasonable job expectations" even though they kept changing what those expectations were!!! I had to appeal and it took THREE MONTHS to get a hearing. By then I'd already found another job but still fought for my backpay. The whole time I couldn't get ANYONE on the phone at EDD to explain what was happening with my case!!! SO FRUSTRATING!!!
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Kaitlyn Jenkins
•That's unfortunate, but not the typical experience. The OP shouldn't assume they'll be denied based on one negative story. Most performance-based terminations do qualify for benefits unless there's clear evidence of deliberate failure or misconduct.
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Rhett Bowman
•Maybe not "typical" but happens WAY more than people think! I'm just saying be PREPARED for them to side with the employer initially! Keep ALL documentation!
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Abigail Patel
When you can't reach EDD agents for your interview or have questions about your claim, try using Claimyr.com - it helped me get through to an actual person after weeks of trying. They have a system that connects you directly to EDD without waiting through the usual phone tree nightmare. You can see how it works in their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Regarding your performance termination - I was in a similar situation last year. The key factor EDD looks at is whether your actions constituted "misconduct" which has a specific legal definition. Generally, just not meeting performance standards isn't misconduct unless you were deliberately underperforming or violating specific policies. During your interview, focus on how you attempted to meet expectations and any challenges that prevented you from doing so that were outside your control.
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Gianna Scott
•Thank you for the resource! I'll check it out if I have trouble getting through. So far they've been responsive but I've heard horror stories about trying to reach them if there are issues with the claim.
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Sydney Torres
wait did they already schedule the interview or did u schedule it? i thought u had to apply first then they schedule the interview??
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Gianna Scott
•Sorry if that was confusing - I applied right after being terminated yesterday, and they gave me the interview time window when I completed the application. Just nervous about the whole process!
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Alfredo Lugo
Regarding the performance improvement plan you mentioned - that's actually important information. Make sure you explain during your interview: 1. What specific issues were identified in the PIP 2. How the goals kept changing (be specific about how and when) 3. What steps you took to meet the original goals 4. Whether you received any feedback during the PIP period If you can show you made good faith efforts to improve but were given shifting or unclear expectations, that strongly supports your case. The key is demonstrating you weren't willfully underperforming. After 17 years of employment, it would be unusual for you to suddenly decide to perform poorly without cause. Remember that employers sometimes use PIPs as documentation to justify a termination they've already decided on. EDD understands this practice.
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Gianna Scott
•This is extremely helpful. I'll definitely prepare notes about the PIP timeline and the specific changes they made to expectations. I did meet several of the original goals, but then they added new metrics halfway through. Would screenshots of my work showing completed projects help at all?
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Alfredo Lugo
•Absolutely! Any documentation showing you were making progress or meeting at least some goals is helpful. The phone interviewer won't be able to see screenshots, but you can describe them and mention you have documentation. If your claim is initially denied (which happens sometimes regardless of merit), these documents will be crucial during an appeal hearing. Keep everything organized by date so you can easily reference specific examples during your phone interview.
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Caleb Bell
the phone interviews are WAY less scary than they sound trust me its just an edd person asking questions not like a crazy interrogation lol
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