Can ESD approve unemployment when fired for poor performance?
I got fired last week because my boss said I wasn't meeting sales targets. I've been there for 2 years and never had any written warnings - just verbal "coaching" sessions. I applied for unemployment right away but I'm super worried they'll deny me because of the performance issue. Has anyone successfully gotten ESD benefits after being let go for performance reasons? What did you have to prove? My boss was honestly kind of a jerk who kept changing the goals every quarter, so I feel like it wasn't totally my fault.
22 comments
Gianna Scott
Yes, I got approved after being terminated for "not meeting expectations" at my accounting job last year. The key thing ESD looks at is whether it was misconduct or just poor performance. Misconduct means you deliberately violated policy or intentionally did something wrong. Just not being good enough at your job is usually NOT misconduct in ESD's eyes. Since you didn't get formal write-ups and it sounds like the targets kept changing, you have a good chance. Make sure when you explain your side during the fact-finding interview that you emphasize you were TRYING to meet the targets but the goals were inconsistent. Best of luck!
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Edwards Hugo
•That makes me feel so much better! Did you have to wait for an adjudication interview or did they just approve you right away? I'm worried about bills piling up while I wait...
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Alfredo Lugo
Simple answer: YES you can get benefits when fired for performance. Being BAD at your job is not the same as MISCONDUCT, which is what ESD cares about. Misconduct means you intentionally violated rules or policies. Just not hitting sales targets isn't misconduct. Be prepared for them to contact your employer though. Your employer will likely fight it. Be 100% honest about everything - don't exaggerate or lie because that will backfire.
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Sydney Torres
•my sistyer got denied when her boss said she was "negligent" even tho it was just normal mistakes anyone could make!!! be careful how ur boss describes the firing to ESD cuz they believe the employer more than the worker!!!
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Kaitlyn Jenkins
I went through this EXACT situation in 2025!! Got let go from my marketing position for "failure to meet metrics" but the metrics were literally impossible. ESD approved me after a 6-week adjudication process. My ex-employer appealed but lost. Keep all emails about changing goals/targets as evidence!
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Caleb Bell
•6 weeks?!? How did you survive financially during that time? I've been waiting 3 weeks for adjudication and can't get through to anyone at ESD. Called 28 times today and just got disconnected. This system is completely broken.
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Danielle Campbell
My experience was similar but got denied at first. Had to appeal and then won. Keep good notes about everything and be super honest. Don't say anything negative about ur boss during interviews even if they were awful. Just stick to facts about the job duties and changing expectations.
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Rhett Bowman
•This is excellent advice. ESD adjudicators are looking for factual, objective descriptions of what happened. When claimants focus on personal conflicts or spend too much time criticizing managers, it can actually hurt their case. Stick to documentable facts: • What were your job duties? • What performance metrics were you given? • Did those metrics change? How often? • Did you receive formal warnings or a performance improvement plan? • Were you given adequate training and resources? If you focus on these points rather than interpersonal conflicts, your chances of approval increase significantly.
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Caleb Bell
I'm in the middle of a similar situation right now and it's HELL trying to get through to ESD to check my claim status. Been pending for 5 weeks with no updates. If anyone needs to actually TALK to ESD, I finally got through using Claimyr (claimyr.com). Costs money but they actually got me connected to a real agent in under 10 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent told me performance-based terminations usually get approved unless there's evidence of intentional misconduct or gross negligence. Just sucks waiting forever to find out.
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Sydney Torres
•is that service legit?? seems sketchy to pay someone just to make a phone call for you... has anyone else used it?
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Gianna Scott
•I've used Claimyr twice and it worked both times. Better than wasting hours redialing ESD's number. The first agent I spoke with said poor performance terminations are actually pretty common and often get approved unless there's clear misconduct (like violating specific policies, theft, harassment, etc).
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Caleb Bell
Don't even bother applying if your boss can prove you were lazy or didn't try. The system is rigged against workers - I got denied because my former employer brought up one time I was on my phone during a meeting MONTHS before I was fired for missing sales targets. Complete BS but ESD sided with them.
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Gianna Scott
•This isn't accurate information. Simply being on your phone once wouldn't be grounds for denial. There was likely more to your case than you're sharing. The OP shouldn't be discouraged from applying based on your experience.
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Edwards Hugo
Thanks everyone for the responses! Update: I got the fact-finding interview scheduled for next week. I've documented all the times the sales goals changed (found old emails showing 5 different target changes in 6 months!) and I'm going to focus on just the facts like you all suggested. I'll let you know how it goes.
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Danielle Campbell
•good luck! remember to answer only what they ask, dont volunteer extra info. my cousin works at ESD and says they look for reasons to deny in everything u say
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Rhett Bowman
•Those email records showing frequent target changes will be very helpful. One important tip for your fact-finding interview: if they ask why you were terminated, it's best to use neutral language like "I was unable to meet the changing performance metrics" rather than "The goals were unfair" or "My boss was unreasonable." Stick to documentable facts about the performance expectations and your efforts to meet them.
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Kaitlyn Jenkins
Anyone know if having a PIp (performance improvement plan) hurts your case? I was put on one 2 weeks before being let go but wasnt given the full time to improve that was promised in the Plan. Thinking of applying for UI but worried this looks bad?
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Alfredo Lugo
•Being on a PIP actually helps your case if they didn't give you the full time period to improve. It shows the employer didn't follow their own process. Make sure to mention that specifically during your fact-finding interview.
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Edwards Hugo
FINAL UPDATE: My claim was APPROVED! Had my fact-finding interview and the adjudicator said that since I didn't have any written warnings and could show the sales targets kept changing, it wasn't considered misconduct. The interviewer also mentioned they could tell I was making an effort to meet the goals. Benefits were deposited yesterday including back pay for the waiting period. Thanks everyone for your help!
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Gianna Scott
•Congratulations! I'm so glad it worked out for you. This thread will hopefully help others in similar situations understand that performance-based terminations often do qualify for benefits.
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Danielle Campbell
•congrats!! how long was the whole process from filing to getting approved?
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Edwards Hugo
•It took exactly 3 weeks and 2 days from my initial application to approval. Not as bad as I expected after reading horror stories here!
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