Forced to resign vs. terminated - which affects EDD eligibility? Need urgent advice

This is really important - DON'T RESIGN if you want unemployment. Being let go during a probationary period is generally considered a 'not a good fit' termination, which usually qualifies for unemployment benefits. The employer is trying to avoid having to pay their portion of unemployment insurance by getting you to quit. That 'permanent record' threat is mostly meaningless - future employers typically only verify dates of employment, not why you left.

Thanks for the quick response. I was leaning that way but wasn't sure. Do you know if being terminated during probation is viewed differently by EDD than a regular termination? I'm worried they might say I was fired for cause since they have documentation of me 'not meeting expectations'.

its all abt the REASON they give EDD. if they say ur fired for misconduct u might not get benefits but not fitting the job isnt misconduct. had to fight this last yr when my boss tried to say i was fired for performance but EDD sided w/ me cuz performance ≠ misconduct. dont sign ANYTHING they give u

This is so true. My cousin had the same thing happen and they tried to block her benefits, but the EDD interviewer saw through it. Performance issues during probation isn't the same as willful misconduct.

Let me tell you my experience - I had the EXACT same situation in 2024! My boss was terrible and I wasn't going to pass probation. They offered me the same deal to resign. I refused, got terminated, and EDD approved my benefits within two weeks. The HR lady was PISSED but whatever. That

This is really helpful, thank you! Did you have to do an eligibility interview with EDD? I'm so nervous about how to explain the situation if they call me.

Yes, I had a phone interview about a week after applying. Just be honest - tell them you were in probation and were let go because the employer said you weren't meeting their expectations. Don't use terms like 'fired for cause' or 'misconduct' because those keywords can trigger a denial. The EDD interviewer was actually really nice and understanding.

The real question is whether you genuinely couldn't meet their expectations due to lack of training/support, or if you were truly unable to perform the job. If it's the former, you have a stronger case for benefits. Also consider this: if you let them terminate you, you only have to explain to future employers that

That's a good point about future employers. I did try my best, but training was minimal and expectations kept changing. I documented some of this in emails when I asked for clarification or additional training. Should I mention this during the EDD interview?

Absolutely mention that during your EDD interview! The more you can show that you made good faith efforts to succeed but weren't properly supported, the better your case. Save those emails asking for help/training - that documentation can be crucial if your employer contests your claim.

Thank you - I'll gather all those emails tonight. This is helping me feel more confident about my decision.

i HAD THE SAME THING HAPPEN they tried to get me to quit and i knew it was a trap!!! i let them fire me and i got unemployment no problem. dont sign ANYTHING when u leave!!!!! also that thing about ur permanent record is total BS theyre just trying to scare u

Just to add here, if you're fired during probation, the burden is much more on the employer to prove misconduct. They basically established a trial period where both sides can evaluate fit - which means separating during this time is somewhat expected for a percentage of hires. This works in your favor for unemployment purposes.

If you do get terminated, make sure to apply for unemployment benefits right away through UI Online. When you file, you'll be asked why you're no longer working. Select 'laid off' or 'terminated' (NOT 'quit'). Then briefly explain you were in probation and were told you weren't meeting expectations. Keep it simple and factual. EDD will likely schedule an eligibility interview to determine if you qualify.

Thank you for the specifics! I'll definitely do that. How long after applying should I expect to wait for benefits if I'm approved? I'm worried about making rent next month.

When I tried to call EDD about my probation termination situation last month, I couldn't get through for TWO WEEKS. Tried different times of day and everything. Finally I used this service called Claimyr that got me connected to an EDD agent in less than 30 minutes. Totally worth it because the agent walked me through exactly what to say on my application. They have a video showing how it works at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and the website is claimyr.com if you end up needing to talk to an actual person at EDD.

I'll keep this in mind if I have trouble getting through. I'm hoping my case is straightforward, but it's good to know there's a backup option if I need to talk to someone.

My sister works in HR (not in California tho) and she says companies do this ALL THE TIME to avoid paying unemployment. It's super common but also super shady. Stand your ground!

yep they tried this with me too!! its like standard HR playbook to trick employees. they know most ppl dont understand unemployment rules

Facts. They count on people not knowing their rights. And that

Just to clarify something important about probationary periods and EDD eligibility: Being terminated during a probationary period is typically considered a

Thank you for this detailed explanation. I really appreciate everyone's help. I've decided to let them terminate me rather than resign. I'll apply for EDD immediately afterward and be prepared for the eligibility interview with documentation showing I tried to improve and meet expectations.

That's the right decision. Good luck and let us know how it goes!

Will do! I feel much less anxious now having a clear plan.

You're making the smart choice! I went through something similar about 6 months ago and it was nerve-wracking, but the unemployment benefits really helped me get back on my feet. One thing I'd add - when you do your EDD interview, keep your answers short and to the point. Don't over-explain or volunteer extra information that might hurt your case. Just stick to the facts: you were in probation, you tried your best, but they said you weren't meeting their expectations so they let you go. The documentation you have will be your best friend if they contest it. You've got this!