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!

I went through almost the exact same situation last year! My employer tried the same tactic - offering to let me resign to "protect my record" but I'm so glad I didn't fall for it. Being terminated during probation is NOT the same as being fired for misconduct. When I applied for EDD, I was honest about being let go during my probationary period because I "wasn't meeting expectations" and they approved my benefits without any issues. The key is being factual but not using loaded terms like "fired for cause." Your employer is trying to save money on their unemployment insurance - don't let them manipulate you into giving up your rights to benefits. You earned those benefits through your previous work history. Stay strong and let them terminate you!

I'm so glad you found this thread and got such solid advice! I went through something eerily similar about 8 months ago - same probation period pressure, same "resign to protect your record" manipulation. I let them terminate me and got my EDD benefits approved within 3 weeks. The eligibility interview was actually pretty straightforward - I just explained I was let go during probation for not meeting expectations despite my efforts to improve. One tip that helped me: when you file your claim, there's a section where you can briefly explain the circumstances. I wrote something like "Terminated during 90-day probationary period - employer stated performance did not meet their standards." Keep it factual and neutral. Your documentation showing you asked for help/training will be gold if they try to contest it. You're absolutely making the right call by not resigning - don't let them bully you out of benefits you're entitled to!

I'm going through something very similar right now and this thread has been incredibly helpful! My employer just gave me the same ultimatum yesterday - resign during probation or face termination. After reading everyone's experiences, I'm definitely going to let them terminate me instead of falling for their manipulation. It's clear this is a common HR tactic to avoid paying unemployment costs. One question though - has anyone had experience with how long the EDD eligibility interview process typically takes? I'm trying to plan financially and wondering if I should apply for other assistance programs while waiting for benefits to potentially start. Also, for those who went through this, did you mention during your interview that your employer offered you the option to resign? I'm wondering if that information would actually help show that this wasn't a misconduct situation.

I'm really glad you found this thread and decided to go with termination instead of resignation - that's absolutely the right call! I had a very similar situation about a year ago where my employer tried the exact same manipulation tactic during my probation period. They made it sound like resigning would be "better for my future" but it was complete BS designed to save them money on unemployment costs. When I let them terminate me and filed for EDD, I was approved within about 10 days after a brief phone interview. The key things that helped me: 1) I kept all my emails showing I had asked for additional training and clarification on expectations, 2) I was honest but concise during the EDD interview - just said I was terminated during probation for not meeting their performance standards despite my efforts, and 3) I didn't use any negative language about myself or admit to any "misconduct." The interviewer was actually understanding and said probationary terminations are pretty common and usually qualify for benefits unless there's clear misconduct involved. Your documentation will be super valuable if they try to contest your claim. Stay strong and don't let them guilt trip you - you've earned those benefits through your work history!

I'm so sorry you're dealing with this stressful situation, but you've gotten excellent advice here! I went through something almost identical about 6 months ago - same probation period pressure, same "voluntary resignation to protect your record" offer. It's such a common manipulation tactic and I'm glad you're seeing through it. I let them terminate me and my EDD benefits were approved without any issues. During my eligibility interview, I simply explained that I was let go during my probationary period because my employer said I wasn't meeting their performance expectations, despite my efforts to improve. The interviewer was very professional and understanding - they see these situations all the time. Your instinct to gather those emails showing you asked for training and clarification is perfect - that documentation really helps show you were making good faith efforts. One small tip: when you apply online, there's usually a brief text box where you can explain the circumstances. Keep it simple and factual, something like "terminated during probationary period for not meeting employer's performance standards." You're making the absolutely right choice by not letting them manipulate you out of benefits you've earned. Hang in there!

I'm dealing with almost the exact same situation right now and this thread has been a lifesaver! My employer just pulled me aside yesterday with the same "resign to protect your record" pitch during my probation period. After reading everyone's experiences here, I'm definitely going to let them terminate me instead of falling for their manipulation. It's so clear this is just a standard HR tactic to avoid paying unemployment costs. One thing I'm curious about - for those who went through the EDD eligibility interview, did you feel like you needed to emphasize that you tried your best during probation? I have documentation showing I asked for feedback and additional training multiple times, but I'm wondering if I should mention that proactively during the interview or just answer their questions directly. Also, has anyone had experience with how quickly you can expect the first payment after being approved? I'm trying to figure out my budget timeline. Thanks so much to everyone who shared their experiences - you're helping more people than just the original poster!

I'm going through the exact same situation right now and this thread couldn't have come at a better time! My employer just gave me the same ultimatum today - resign during probation or face termination for "not meeting expectations." Reading everyone's experiences here has completely changed my perspective. I was actually leaning toward resigning because I was scared about having a termination on my record, but now I see this is just a manipulative HR tactic to avoid paying unemployment costs. Thank you all for sharing your stories and advice - it's given me the confidence to let them terminate me instead of falling for their "protect your record" nonsense. I've also been documenting my efforts to improve and asking for additional training, so I feel better prepared now. It's honestly shocking how common this exact scenario is, but I'm grateful to have found this community where people actually share real experiences and look out for each other. You've potentially saved me from making a huge financial mistake!

I'm so relieved I found this thread! I'm literally in the EXACT same situation right now - my employer just gave me the same "resign to protect your record" ultimatum today during my probation period. I was honestly considering taking their offer because I was terrified about having a termination on my record, but after reading everyone's experiences here, I can see this is just a manipulative tactic to avoid paying unemployment costs. It's honestly disgusting how common this practice seems to be. Thank you to everyone who shared their stories - you've potentially saved me from making a huge financial mistake. I've been documenting all my requests for additional training and feedback, so I feel much more prepared now to let them terminate me and file for EDD benefits. The specific advice about keeping responses concise during the eligibility interview and using neutral language like "terminated during probationary period for not meeting employer's performance standards" is incredibly helpful. I can't believe how many people have dealt with this exact scenario, but I'm so grateful this community exists where people actually look out for each other!