Irvine, CA asked in Employment Law for California

Q: Can I collect unemployment in California after being terminated after being on a "Performance Improvement Plan"?

I was placed on a "Performance Improvement Plan" and given 60 days to improve. I have never had any issues before and even just had a rather good review 3 weeks prior to being placed on this plan. My gut tells me they are not going to keep me around and are going to let me go after or before the 60 days are up. Will I be eligible for unemployment if they let me go here in California?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Being terminated for not doing the job well as measured by the employer does not disqualify you from receiving unemployment insurance benefits. However, if you are terminated for misconduct, you can be disqualified, as well as if you quit. Misconduct connotes a willful violation of company rules, or some kind of insubordination.

Good luck to you.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Probably. Being terminated for not meeting your employer's expectation is not something considered so adverse to the employer interest that it would disqualify you from benefits. If you were stealing from the employer, falsifying time sheets, or some other clearly adverse act, then you would probably be disqualify you.

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1 user found this answer helpful

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