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!

I was in almost the exact same situation last year! Got fired from my warehouse job for attendance points (mostly car troubles and one family emergency). HR told me the same thing about not being eligible, but I applied anyway and got approved after the phone interview. The EDD rep was really fair during the interview - they asked about each absence, whether I notified my supervisor, and if the issues were within my control. Since I could explain that my car breaking down wasn't something I chose to happen and I always called in, they determined it wasn't misconduct. My advice: Apply immediately, keep records of any texts/calls you made to notify your supervisor, and don't stress too much about the phone interview. Just be honest and explain the circumstances. The worst they can say is no, but you'll never know if you don't try. HR departments say that stuff to everyone - they're not unemployment experts!

I'm dealing with a similar situation right now - got terminated for attendance last month and my former employer is making the same claims about ineligibility. Reading through everyone's experiences here is giving me so much hope! It's clear that HR departments routinely discourage people from applying regardless of the actual circumstances. The common thread I'm seeing is that EDD really focuses on whether the absences were due to misconduct (deliberate disregard) versus circumstances beyond your control. Transportation issues, especially when you're making good faith efforts to notify your employer, seem to fall into that second category. @Lilly Curtis - based on what everyone's shared, it sounds like you have a solid case. Your 2.5 years of good employment history, the fact that these were transportation-related issues, and especially if you have those text messages showing you notified your supervisor each time. Don't let HR's scare tactics stop you from applying for benefits you may very well be entitled to! I'm applying for mine tomorrow after reading all this. Sometimes you just need to hear from real people who've been through the process rather than trusting what employers tell you.

Just wanted to add my experience to this thread since I see so many people dealing with the same situation. I got fired from my manufacturing job last year for attendance issues - 8 occurrences in 6 months, mostly due to my old car constantly breaking down and unreliable public transit in my area. My supervisor actually warned me that HR would try to discourage me from applying for unemployment, and she was right! They gave me the whole "fired for cause" speech when I picked up my final check. But I applied anyway and got approved after about a month. The phone interview was straightforward - the EDD rep asked about each absence, whether I tried to get to work by other means, and if I notified my employer. I had saved voicemails I left for my supervisor and texts showing I was trying to arrange rides, which really seemed to help my case. What struck me during the interview was that the EDD rep said they distinguish between "couldn't come to work" versus "chose not to come to work." Transportation failures generally fall into that first category as long as you're making reasonable efforts. Apply immediately - the worst case is you get denied and can appeal. But based on what you've described with your transportation issues and good work history, you have a legitimate shot at getting benefits. Don't let your employer's financial interests override your right to apply for unemployment assistance you may be entitled to receive.

I was in your exact shoes about a year ago - fired from my warehouse job for attendance points, mostly car trouble and one family emergency. My HR person also told me I wouldn't qualify and made it sound like applying was pointless. But here's the thing - I applied anyway and got approved! The key was being completely honest during the phone interview about what caused each absence and showing that I always tried to notify my supervisor ahead of time. I had text screenshots showing I called/texted whenever I knew I'd be late, which really helped my case. The EDD interviewer explained that they look at whether your absences were "willful misconduct" vs circumstances beyond your control. Car breakdowns and transportation issues generally don't count as misconduct if you're making good faith efforts to get to work and communicate with your employer. Don't let HR scare you - they have their own reasons for discouraging applications (higher unemployment insurance costs). Apply immediately and gather any evidence you have of notifying your supervisor about the transportation problems. Your 2.5 years of good employment history will work in your favor too. You've got nothing to lose by applying and potentially weeks of benefits to gain!

I just went through this exact situation 3 months ago! Got fired from my delivery job for attendance issues - mostly because my motorcycle kept breaking down and I couldn't afford consistent repairs. My manager told me the same thing about not qualifying, but I applied anyway and just got my first payment last week. The phone interview wasn't as scary as I thought it would be. The EDD rep asked really specific questions about each absence - what caused it, when I notified my supervisor, what I did to try to get to work anyway. Since I always called in and even tried using rideshare when I could afford it, they could see I was making genuine efforts. What really helped my case was having records of all the times I texted my supervisor about the motorcycle problems. I also had a few repair receipts showing the issues were real. The interviewer seemed to understand that vehicle breakdowns aren't something you choose to have happen. The whole "fired for cause" thing your HR said is just their way of trying to keep their unemployment insurance costs down. EDD makes their own determination based on whether it was actual misconduct or just unfortunate circumstances. Transportation problems when you're actively trying to work definitely lean toward the second category. Apply ASAP - you've got a really good shot based on your work history and the nature of your absences!

I was in almost exactly your situation about 6 months ago - got terminated from my retail job for attendance violations, mostly due to public transit failures and one car breakdown. My HR department told me the exact same thing about not qualifying for benefits, but I applied anyway and got approved! The phone interview was actually pretty straightforward. The EDD representative asked detailed questions about each absence - what caused it, whether I notified my supervisor, and what efforts I made to get to work despite the problems. Since I always called in when I knew I'd be late and tried alternative transportation when possible, they determined it wasn't misconduct. What really helped was that I had saved text messages showing I notified my manager each time there was a transit issue. The interviewer explained that EDD looks at whether absences were due to "willful misconduct" versus circumstances beyond your control. Transportation problems generally fall into that second category if you're making good faith efforts. With your 2.5 years of solid employment history and the fact that these were legitimate transportation issues that you communicated about, you have a strong case. Don't let HR's scare tactics stop you - they're not unemployment law experts and have their own financial reasons for discouraging applications. Apply immediately and gather any evidence you have of notifying your supervisor about the car troubles. Good luck!

I went through this exact situation last year and want to share some hope! Got fired from my call center job for attendance issues - 6 occurrences in 4 months, all related to my unreliable car and having to take my kids to doctor appointments. HR gave me the same speech about being "fired for cause" and not qualifying. Applied anyway and got approved after the phone interview! The EDD rep was really fair and asked about each specific absence. What helped my case was that I always texted my supervisor when issues came up, and I could show I was trying to be responsible despite the circumstances. The key thing the interviewer told me was that EDD distinguishes between "couldn't work" vs "wouldn't work." Car troubles and transportation issues usually fall under "couldn't work" as long as you're making reasonable efforts to communicate and get to work when possible. Your 2.5 year track record will definitely work in your favor, and the fact that you always let them know about the transportation problems shows good faith. Don't let HR intimidate you - they're protecting their own interests, not giving you accurate legal advice about unemployment eligibility. Apply today!