EDD UI Section 1256 - Wrongful termination despite medical documentation?

This sounds like a complicated situation, but I've been through something similar. You need to understand the difference between UI and SDI first. UI is for when you lose your job but are ABLE to work. SDI is for when you can't work due to a medical condition. Section 1256 deals with misconduct for UI claims. If you were terminated for performance issues that were caused by a documented medical condition, you actually have a good case to argue it wasn't misconduct. BUT - and this is important - if you're unable to work due to your medical condition, you should apply for SDI instead. I had trouble reaching EDD when I was in a similar situation last year. I found this service called Claimyr (claimyr.com) that gets you through to an EDD rep quickly instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. It saved me hours of frustration when I needed to explain my complex situation to an actual person.

From my experience working with clients in similar situations, you should definitely apply for UI benefits first. Here's why: Section 1256 protects workers who were terminated for reasons that weren't misconduct. If your performance issues were directly related to your medical condition that you disclosed with documentation, that's not misconduct. When you file, make sure to clearly explain that you provided medical documentation to your employer before termination. The key is whether you're ABLE and AVAILABLE to work now. If you can work in a different environment, then UI is appropriate. If your doctor recommends you take time off work completely, that's when SDI would apply instead. You can't collect both simultaneously.

u should talk 2 a lawyer bout this. sounds like ADA violation if they fired u after u gave medical docs. my cousin got $$$ from suing for something like this last yr

i had something similar happen at my job too! gave them all my paperwork about my depression and they still fired me for "being late" even though it was because of my meds making me oversleep. so unfair!

I've helped several people navigate this exact situation. Here's what you need to know: 1. Apply for UI first. When questioned about the separation, explain that you had a medical condition that affected performance, you provided documentation, and you were terminated anyway. 2. If your doctor is advising you to take time off completely, apply for SDI. You can't collect both simultaneously, so you need to decide which applies right now. 3. Keep in mind that Section 1256 looks at whether your actions constituted "misconduct" - which has a specific legal definition. Poor performance due to a medical condition is generally NOT misconduct. 4. Document everything - dates you provided medical information, who you gave it to, any response from your employer, the exact reason they gave for termination. 5. Be prepared for an eligibility interview where you'll explain all this to an EDD representative. If UI is denied, you can appeal, and many people win at the appeal stage when all facts are presented to a judge.

Apply for both just to be safe!! That's what I did when I got fired after my back injury. They denied my UI but approved my SDI claim.

my friend works at edd she says section 1256 is all about if u did something REALLY bad like stealing or fighting at work. if u just couldnt do the job good enough cuz of health they shouldnt deny u

UPDATE: I talked to my doctor today, and she's recommending I take 6 weeks off work to adjust to my new medication and attend intensive therapy. She filled out the SDI paperwork, so I'm going to apply for disability benefits instead of unemployment. Once I'm cleared to return to work, if I still haven't found a job, I'll apply for UI then. Thank you everyone for your help and guidance!