If I get fired for poor performance can I collect unemployment in California?

This is such a relief to read. So the key is that it has to be intentional wrongdoing to be misconduct? Like if I genuinely was trying my best but just wasn't hitting the metrics, that wouldn't disqualify me?

Exactly right. The burden is actually on the employer to prove misconduct if they want to contest your claim. Just being let go for not meeting performance targets, missing quotas, or similar issues typically won't disqualify you. You'd still need to certify you're available and actively looking for work once you file, but the termination reason itself shouldn't be a disqualifier.

This is accurate. I went through something similar - terminated for performance and my claim was approved without any issues. The EDD interviewer did call me to ask about the separation but once I explained the situation it went through.

Got it. So both sides get to give their account and EDD decides? What if my employer tries to frame it as something worse than it actually was?

That's why it's important to keep any documentation you have - the written warnings, any performance improvement plans, emails about the issues. If EDD determines there's a discrepancy between what you say and what the employer says, they'll often schedule a phone interview to gather more details before making a determination. Having your paperwork ready helps a lot.

same thing happened to me, employer tried to say it was 'insubordination' when really I just missed some deadlines. I kept all my emails and it worked out in my favor during the EDD phone interview

Oh man I hadn't even thought about the adjudication part. How likely is it that my claim would go into adjudication just because I was fired for performance?

Terminations almost always trigger some level of review because EDD needs to verify the reason. Layoffs are more straightforward. But don't panic - going into adjudication doesn't mean you're denied, it just means they're gathering more info. Mine ended up approved. Just be prepared for potentially waiting a few weeks with no updates, which is why having that phone option matters.

seconding the claimyr recommendation, I used it when my claim got stuck and got through to an agent in way less time than trying to call myself. the edd phone lines are basically impossible otherwise

The written warnings themselves don't disqualify you from UI benefits. EDD isn't deciding whether you were a good or bad employee - they're deciding whether your termination was due to MISCONDUCT as defined by California law. Progressive discipline like warnings is actually normal HR practice and doesn't transform performance issues into misconduct just because there's a paper trail.

ok that makes sense, thanks. I always assumed having warnings would basically guarantee a denial

Yeah a lot of people think that. The misconduct standard is actually pretty high under California law. I've seen people approved after being let go with PIPs, multiple warnings, all of it. The employer would need to show something like dishonesty, intentional rule-breaking, or serious policy violations to get your claim denied.

How long after you filed did the phone interview happen? I'm trying to get a sense of the timeline.

I think it was about 2.5 weeks after I filed? But I've heard it varies a lot. Some people get called faster, some wait longer. Just make sure your contact info is correct in your EDD account and that you're available to answer calls from unknown numbers bc edd doesn't always leave detailed voicemails

Good tip about unknown numbers, I definitely would have missed that call lol

I understand why it seems counterintuitive but the logic behind unemployment insurance is that it's meant to help people who lose their income through no fault of their own. Quitting voluntarily is considered 'your choice' while being fired for reasons other than misconduct is considered 'not fully your fault.' There are some exceptions - you can sometimes get UI after quitting if there was good cause like unsafe working conditions or constructive dismissal - but generally yes, being let go for performance qualifies more easily than quitting.

ok I guess that makes sense when you put it that way. just always seemed weird to me

There's also the fact that employees pay into the unemployment insurance system through their work - so in a sense you've already contributed to a pool that's meant to help you when you lose your job involuntarily. It's more like an insurance payout than a reward.

Noted! I'll file the same week it happens if it comes to that. Is there anything else I should do right away?

Keep all your documentation - separation paperwork, final pay stubs, any performance reviews or warning letters. Also set up your UI Online account on the EDD website before you even need it so you're ready to go. And start your job search log immediately because you'll need to report job search activities when you certify for benefits each week.

also register with CalJOBS as part of the requirements, edd will ask about that during the process

The misconduct standard is the same regardless of how long you've been employed. However the LENGTH of employment does matter for a different reason - you need to have earned enough wages during your base period to qualify for benefits at all. The base period is typically the first four of the last five completed calendar quarters before you file. If you're only a few months into a job you might not have enough California wages to qualify, though wages from previous jobs in the base period still count.

Oh interesting, so it's more about your total earnings over the past year+ than specifically about the job you got fired from. What's the minimum you need to have earned?

Roughly you need to have earned at least $1,300 in your highest earning quarter during the base period, OR at least $900 in your highest quarter AND your total base period earnings need to be at least 1.25 times that highest quarter amount. California EDD has a benefits calculator on their website where you can estimate your weekly benefit amount based on your earnings.

Three weeks in adjudication sounds really stressful. Were you able to certify for weekly benefits during that time even while waiting?

YES - this is important. You should absolutely keep certifying for your weekly benefits even while in adjudication. If you stop certifying you lose those weeks. When your claim is eventually approved they back-pay the weeks you certified for. So never stop submitting your weekly certifications even if nothing seems to be happening.

That's huge, I had no idea you could lose weeks by not certifying. Thanks for the heads up.

This is one of the most important things in this whole thread. So many people stop certifying because they assume their claim is denied or they're frustrated. Keep certifying every week no matter what.

Under California UI Code, misconduct generally includes things like: theft or dishonesty on the job, intentional violation of reasonable workplace rules, insubordination (refusing direct lawful orders), excessive unexcused absences after warnings, harassment of coworkers, and similar deliberate behaviors. The key word throughout is INTENTIONAL or WILLFUL. Poor performance, even persistent poor performance, is generally not considered willful because you're presumably trying to do well but failing to meet standards - not deliberately sabotaging your job.

ok so like if someone intentionally did bad work to get fired on purpose that WOULD be misconduct?

Theoretically yes, though it would be very hard for an employer to prove intent to fail. In practice the line is: did the employee KNOW the rule/expectation, did they have the ABILITY to comply, and did they CHOOSE not to? Performance issues usually involve not having the ability to meet expectations, not a choice to fail.

interesting distinction. I always just thought getting fired = no unemployment but apparently it's way more nuanced than that

That's good advice. I do have the dates of both written warnings and I remember pretty clearly what was said in the conversations. Should I write everything down before the interview?

Absolutely write everything down. Have a timeline. Know your start date, the dates of any warnings or PIPs, any communications from your employer about the performance issues, and your end date. Also be ready to explain what your job duties were and how you tried to address the performance concerns. Organized, clear answers make a much better impression than fumbling to remember details.

Also keep in mind the phone interview is recorded. Stay calm, be factual, don't bad-mouth your employer even if you're angry. Just stick to the facts about what happened and why it was performance-based not intentional.

That's a different situation entirely. Independent contractors generally don't qualify for traditional California EDD unemployment benefits because they don't have taxes withheld from their pay in the same way. However, California has AB5 which reclassified many workers previously called 'contractors' as employees - so if you think you may have been misclassified, it's worth looking into. EDD can make that determination.

ugh ok. I figured. yeah I'm definitely classified as a contractor even though I work basically like a regular employee

If you were misclassified it actually matters a lot because you'd potentially be entitled to back wages AND unemployment eligibility. California takes worker misclassification seriously and there have been significant enforcement actions. Worth at least looking into.

They can contest it, yes - any employer can file a written response to an unemployment claim. But contesting doesn't automatically mean denial. It means EDD will gather information from both sides and make a determination. The employer has to actually PROVE misconduct, not just assert that your performance was bad. Simply saying 'we fired them for poor performance' generally won't result in a denial.

good to know. I was worried employers had like veto power over unemployment claims

Definitely not. Lots of employers contest claims and still lose the dispute. And if EDD denies your claim after a contest, you still have the right to appeal to an Administrative Law Judge. The appeals process is a whole other layer of protection for claimants.

What counts as a job search activity? Like does applying to a job online count as one?

Yes applying to a job is one activity. Other things that count include attending a job fair, creating or updating a resume, creating a professional networking profile, contacting an employer about potential openings, taking a career-related workshop through America's Job Center, etc. EDD has a specific list on their website.

Does it matter what kind of jobs you apply to? Like do they have to be in your field?

They're supposed to be 'suitable work' which generally means comparable to what you were doing before, but after a certain number of weeks you're expected to broaden your search. In practice EDD doesn't closely monitor the types of jobs you apply to unless something seems off.

I actually had a PIP about 4 months ago that I technically 'completed' but then got another warning after. Would having completed the PIP be used against me somehow?

If anything completing a PIP shows you were making an effort to improve, which is actually evidence AGAINST willful misconduct. If you were willfully failing you wouldn't have tried during the PIP period. I'd mention the PIP completion in your EDD interview as part of demonstrating you were genuinely trying to succeed.

Agreed - this is a strong factual point for your case. You demonstrated compliance with the improvement plan which is inconsistent with intentional misconduct.

Honestly the embarrassment thing is real. I've been lowkey ashamed about the whole performance situation but this thread is making me realize I shouldn't be. Thanks everyone.

Definitely don't be. You paid into the system, you didn't commit any fraud or misconduct, you're allowed to use the safety net that exists for exactly this kind of situation.

agreed. also everyone goes through hard patches at work. doesn't make you a bad person or a bad employee.

Can confirm this actually works. Used it when my adjudication was dragging and was able to get a real update from EDD instead of just staring at my online portal hoping something changed.

Is this legit? Feels too good to be true that something can just get you through to EDD when their lines are always jammed.

I was skeptical too honestly. But it worked for me and I've seen other people here say the same. EDD phone access is just really limited and having any tool that helps you get through is worth knowing about.

This summary is perfect, thank you. This thread has genuinely made me feel so much more prepared for a situation I was terrified about.

Great summary. And OP - whatever happens with your current job, you're clearly being proactive and informed which puts you in a much better position than most people going into this process.

Really appreciate everyone here. California EDD stuff is so confusing and intimidating and this community makes it so much less scary.

Good luck! Come back and update us on how it goes. A lot of people find this stuff out in a panic and forget to come back and share the outcome which would help future people searching the same questions.