Fired for poor performance - can I still get California EDD unemployment benefits?

This is really reassuring, thank you. I was so scared to even file because I thought it was an automatic denial. Do I need to provide any documentation about the changing targets and training issues or do I just explain it when they ask?

You don't need to submit documentation upfront but definitely keep records - emails about the target changes, any performance reviews, anything that shows the context. If your claim goes to an interview with a California EDD analyst, having that documentation ready can make a big difference. Just answer the initial questionnaire thoroughly and honestly.

this is correct info. i was fired for performance at a tech company and got approved no problem. employer tried to fight it but california edd sided with me

How long does the adjudication interview process usually take? My bills are due in like 3 weeks and I'm really anxious about the timeline.

Honestly it varies a lot. Some people get scheduled within 2 weeks, others wait 4-6 weeks. The frustrating part is California EDD doesn't always give you advance notice - sometimes the letter with your interview date arrives with very little lead time. Keep filing your weekly certifications no matter what, because if you get approved all those weeks get paid out retroactively.

The retroactive payment thing saved me when I was waiting. I almost stopped certifying because I thought I was denied but kept going and eventually got like 7 weeks of payments at once when they approved me

Thank you for sharing this! Did the California EDD agent give you specific advice on what to say or just general info about the process?

Mostly general process stuff - like how the interview would go, what questions they typically ask, and how the employer response affects things. She couldn't tell me what the outcome would be obviously but knowing the process made it way less scary. The Claimyr thing genuinely worked btw, took maybe 45 min from starting it to having someone on the line which is way better than the hours I wasted before.

gonna try that claimyr thing, been trying to reach edd for days about a completely different issue and cannot get through to save my life

Your cousin has it backwards. In California, being fired does NOT automatically disqualify you. You're only disqualified if you were fired for MISCONDUCT - meaning you deliberately did something wrong. Poor performance, inability to meet goals, not fitting the job requirements - these are generally not considered misconduct. California actually has pretty claimant-friendly unemployment laws.

oh wow ok that's completely different from what i thought. glad i saw this thread

yeah this is a really common myth. i think people confuse 'laid off' being the easiest path to approval with 'fired' being automatically disqualified. it's not that black and white

This is incredibly helpful to hear from the employer side. My former company does have PIPs and documented warnings in my file - does that hurt my case?

Not significantly for a performance-only termination. PIPs and warnings on their own just confirm that you were struggling to meet expectations, which is exactly what 'performance' means. Where it would hurt you is if any of those warnings were for things like attendance violations, insubordination, or policy breaches - things that edge toward misconduct. If your documentation is purely about metrics and output, you should be fine.

this is really good to know. the PIP thing scared me too when I was in this situation but it really didn't matter

Five weeks is actually better than what I was imagining. Thank you for sharing this, I really needed to hear a success story right now.

yeah keep your head up. just stay on top of your weekly certifications and don't miss any calls from California EDD - they sometimes call from blocked numbers for the adjudication interview so pick up everything during this period

seconding the pick up every call thing, my interview was on a random tuesday afternoon from a number i almost didn't answer

I didn't realize the questionnaire was that important - I thought it was just intake information. I'll make sure to write out the full context. Is there a character limit or can you write as much as you need?

There's a text field that has some limit but it's fairly generous. If you need more space, you can mail additional documentation or upload through UI Online. The key is giving enough detail that an analyst reading it gets the full picture without you having to explain everything again on the phone.

this is such a good tip. i wrote like two paragraphs on mine explaining the situation and I really think it contributed to not even needing a phone interview

I appreciate the reality check honestly. I'm trying to mentally prepare for it taking longer than I hope. Seven weeks sounds brutal though, I'm sorry you went through that.

yeah it was rough. the money stress is real. try to cut any expenses you can now before you actually need to and keep a spreadsheet of every date and interaction with California EDD - it really helps if you need to escalate anything

the identity verification thing traps SO many people. it's a separate issue from the claim itself and if you don't know what's causing the hold you can wait forever thinking your claim is in normal adjudication

California EDD goes by what both parties tell them during the claim process, not necessarily what's on paper. The questionnaire and interviews are what matter most. If your employer told you verbally it was performance, that's worth noting - but what your former employer tells the California EDD analyst during their interview is what really drives things. The at-will language on your letter actually works in your favor since it doesn't explicitly allege misconduct.

ok that makes sense. so basically if they don't claim misconduct to edd I should be in good shape

Exactly. If they respond to California EDD's inquiry with anything like 'business needs' or 'performance issues' rather than 'misconduct' or 'policy violation,' your claim is in very good shape.

I didn't know there was an appeals process with an actual hearing. That's good to know as a backup. Is the appeals board process complicated?

It's more formal than the initial claim process but you don't need a lawyer. You just submit your appeal through UI Online or by mail, then get scheduled for a phone or video hearing. You can bring documentation and witnesses. A lot of people represent themselves successfully.

Worth adding - even in the appeals process, 'fired for performance' cases tend to go well for claimants when the facts are clear. The appeals board judges understand the performance vs. misconduct distinction very well.

Unfortunately yes this does happen. If your employer tells California EDD something that contradicts what's in writing (emails, termination letters, performance reviews) that documentation becomes really valuable. Bring any written evidence to your adjudication interview. California EDD analysts are generally pretty good at spotting inconsistencies between employer statements and documented records.

yeah that's basically what's happening in my situation. they're claiming misconduct but I have emails that literally tell a different story. guess I need to get organized

Documentation is everything in those situations. And honestly, if an employer falsely claims misconduct to California EDD, they're exposing themselves to potential liability. Not a legal threat - just noting that most employers know they need to be truthful in their responses.

We're in this together! Keep filing your weekly certifications no matter what.

definitely will. fingers crossed for both of us

Yes, job search requirements apply from the moment you start certifying, even during adjudication. In California you're required to complete a minimum of three job search activities per week (contacts with employers, submitting applications, attending job fairs, etc.) and you need to keep records. California EDD can audit these at any time. CalJOBS registration is also typically required within 21 days of filing.

ok good I've been doing the job search activities but I wasn't sure if adjudication paused that requirement or something. glad I kept doing it

Do NOT skip the job search activities assuming adjudication exempts you - it doesn't and if you get audited and don't have records it can create a whole new problem

How do you even know if the call was from California EDD if they sometimes call from blocked numbers? Do they ever reach out via email instead?

California EDD primarily uses phone for adjudication interviews. They should send a notice to your UI Online inbox before the interview with a date/time range, so watch for that. And yeah, pick up everything during this period, even numbers you don't recognize. When in doubt, answer and if it's not edd you can just hang up.

also check your UI Online inbox literally every single day. not just email - the actual inbox inside your UI Online account. they send important notices there that don't always trigger email notifications

The phone situation is genuinely terrible. I had the same experience before I found Claimyr (claimyr.com). It basically handles the queue for you so you're not stuck redialing - there's a demo video at https://youtu.be/JmuwXR7HA10 that explains how it works. I was skeptical but it actually got me through to a California EDD agent when I needed to ask questions about my adjudication. At least worth looking at if you're really stuck.

I'll check that out. At this point I'll try anything. The stress of not being able to reach anyone on top of the stress of not having income is just a lot.

The California EDD phone system genuinely hasn't kept up with demand. It's a known problem and unfortunately there's no magic fix from their end. Claimyr worked for me too when I was in a similar stuck situation.

same experience here. the phone system is broken and I say that having worked in state government for years before this. there just arent enough agents for the volume. claimyr got me through but it shouldn't have to exist

Will definitely update! I have my adjudication interview scheduled for next Thursday. Feeling a lot more prepared after reading everything in this thread. Going to document all my talking points tonight and organize my emails about the target changes. Thank you everyone seriously.

good luck!! you've got this. performance terminations really do tend to go well based on everything people post here.

come back and post the outcome. genuinely helps other people who search for this situation and find this thread

The tip about speaking slowly because they're typing is something I never would have thought of. Really practical advice. And asking for clarification on confusing questions makes total sense - I don't want to accidentally give a wrong impression.

Exactly. Also - at the end of the interview, ask the analyst if there's anything else you should provide or clarify. Sometimes they'll tell you if there's a gap in information that could help your case. They can't tell you the outcome but a good analyst will let you know if there's something that seems unclear.

This is genuinely excellent interview advice. The 'that needs context' phrase is something I wish someone had told me before my adjudication interview. I just said yes to a question that really needed explanation and I think it muddied my case for a bit.