[Schneed10]

I've got hiring and firing responsibilities in my job, so maybe my perspective will be useful.

First off, it's important that we get clear on whether you got laid off or terminated. If you are being let go because of performance issues, then you're being terminated (aka fired). In that case, the job opens up for them to fill it with somebody else. And in that case you're not eligible for unemployment benefits.

If you were laid off, that means your job was cut from the organization and you were the casualty. In a lay off it does not have to be a performance issue driving the decision (it's most often a cost based decision). This means the job is gone, the company can not find someone else to take your place. And you will be eligible for unemployment benefits.

So I'm not totally clear on which of those you just experienced. My first piece of advice is that you get 100% clarity from your employer on that. My second piece of advice is that you contact an attorney.

Employers are required to perform annual documented performance reviews. I'm not sure if this applies to smaller employers, or if it's a federal rule or a state rule. All I know is that I am required by law to conduct formal performance reviews with each of my staff at least annually. There are rules in place at my firm (again, not sure if these rules are mandated by law or just by my organization) that say that if I have a performance problem with an employee, I have to notifiy them in writing and give them at least 90 days to turn it around, at which time I'll have another formal evaluation.

Sounds like none of the above happened with you. If you were terminated, then you may have a wrongful termination case on your hands. If you were laid off, then your manager is an idiot and should not have cited performance issues. Talk to your employer again and then to a lawyer. Or maybe even the lawyer first.