Can I get EDD benefits after being fired for attendance violations? HR says I'm ineligible

hr always says that to scare u. they dont want their unemployment insurance rates to go up. apply anyway, edd makes their own decision not ur employer

You should definitely apply. EDD determines eligibility - not your former employer. For attendance-related terminations, EDD will consider whether your absences constituted "misconduct" under unemployment law. This is a higher standard than just breaking company policy. EDD typically doesn't consider transportation problems to be misconduct if they were truly beyond your control and you made reasonable efforts to notify your employer. When you apply, be honest about why you were terminated. During your phone interview (and you will likely get one), explain the transportation issues in detail and how you tried to mitigate them. EDD will want to know if you: 1. Had control over the situations that caused your absences 2. Made reasonable efforts to preserve your job 3. Notified your employer promptly about absences If your absences were truly due to transportation problems outside your control, you have a good chance of qualifying.

when i worked at target they ALWAYS told people they wouldnt qualify for unemployment if they got fired...then half of them got benefits anyway lol. your employer has a financial incentive to stop u from collecting

I'm going through something similar right now. I got fired from my customer service job for attendance in February (6 occurrences in 6 months). I applied for EDD right away and got the dreaded "pending" status for weeks. Could NOT reach anyone at EDD to find out what was happening despite calling literally 50+ times. I finally used Claimyr (claimyr.com) to get through to an EDD rep - they got me connected in about 25 minutes when I couldn't get through at all on my own. There's a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep told me my case was on hold because my employer contested it claiming misconduct. I had my phone interview last week where I explained that my absences were due to documented medical appointments and car trouble. Still waiting for their decision but the rep seemed understanding of my situation. The key is definitely getting that phone interview - if you're stuck in pending, seriously consider using a service to reach them because waiting is torture.

There's a lot of misunderstanding about eligibility after being fired. Here's what you need to know about attendance-related terminations and EDD: 1. Misconduct is the key determination. For EDD purposes, misconduct means a deliberate disregard for the employer's interests. Simple negligence or poor performance isn't usually misconduct. 2. Transportation issues are typically considered outside your control IF you made reasonable efforts to get to work and properly notified your employer. 3. Your employer will definitely contest your claim - that's standard procedure. This triggers the phone interview process. 4. During your eligibility interview, emphasize: - Your 2.5 years of otherwise good employment - The specific reasons for each absence - Any attempts you made to find alternative transportation - How you communicated with your supervisor about each absence 5. Be prepared to go through the appeal process if initially denied. I've seen many clients win their cases with fact patterns similar to yours. Apply immediately and document everything.

i missed aLOT of work last year because of my kids being sick (single dad) and got fired over it. applied for edd and got DENIED initially!!! but i appealed and won bcuz i showed it wasn't misconduct just unavoidable life stuff. the appeal hearing was over the phone and pretty chill tbh. so even if u get denied DONT GIVE UP!!!

I went through something really similar about 6 months ago. Got fired from my retail job for attendance issues - most of mine were also transportation related (bus breakdowns, had to rely on rideshare when I couldn't afford it). My manager told me the exact same thing about not qualifying for benefits. I applied anyway and yes, my employer contested it. Had the phone interview about 3 weeks later. The EDD interviewer was actually pretty understanding when I explained the transportation challenges and that I always called in when I knew I'd be late. They asked specific questions about each absence and whether I tried to find alternatives. Got approved! The key things that seemed to help my case were: - I had been a reliable employee for over a year before the transportation issues started - I always notified my supervisor as soon as I knew I'd be late/absent - The absences weren't due to partying or just not wanting to work Don't let HR scare you - they're not the ones who decide eligibility. Apply ASAP and be completely honest about everything. Good luck!