Can I get EDD benefits if fired for attendance issues? HR gave no warnings
Been working at a warehouse for 8 months and just got terminated yesterday for 'excessive absences' which is total BS. I had 5 call-outs in the past 3 months but 3 of them I had doctor's notes for (bad case of bronchitis). My supervisor never gave me any written warnings about attendance issues and suddenly HR called me in and said I was done. They're mailing my final check. Can I qualify for unemployment in this situation or am I automatically disqualified since it was attendance-related? I really need the income while I search for another job and I'm worried they'll fight my claim. Anyone been through something similar?
30 comments


Amelia Martinez
You definitely should apply! Attendance-based terminations aren't automatic disqualifiers. EDD looks at whether your absences were for good cause and if you received proper warnings. Since you had medical documentation for most absences and no formal warnings, you have a decent case. The key is how your employer reported it to EDD. When you file, clearly explain the medical reason for your absences and the lack of progressive discipline in your eligibility interview. Don't just assume you're disqualified.
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Jacob Lewis
•Thank you! I was worried since I know attendance issues can sometimes be considered misconduct. Do I need to submit my doctor's notes when I apply or save those for if they question my claim?
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Ethan Clark
my cousing got fired 4 being late 2 many times last year and got denied, they said it was misconduct. but shes was always late like 20+ times
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Jacob Lewis
•That sucks for your cousin. Did she appeal the decision? I'm worried my employer will exaggerate how many times I was absent.
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Mila Walker
The answer is actually complicated. It depends on whether your absences are considered "misconduct" under EDD regulations. Having documented medical absences works in your favor, but what about the other two absences? Were those for legitimate reasons too? Did your employer have a clear attendance policy that you violated? If you can show your absences were reasonable, unavoidable, or you followed proper call-out procedures, you have a better chance. I went through something similar and got approved because I had documentation for most absences. Make sure to appeal if you get denied initially - many claims get approved on appeal.
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Jacob Lewis
•The other two times - one was because my car broke down on the way to work (I have tow truck receipt) and the other was a family emergency when my mom was hospitalized. I think the attendance policy said something about "excessive absences may result in disciplinary action" but they never gave me any verbal or written warnings before firing me.
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Logan Scott
APPLY NOW!! Don't listen to anyone who says you can't get it. EDD decides each case individually. Worst they can say is no but they might say YES!!! My friend got fired for attendance but still got benifits.
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Mila Walker
•This is actually good advice. Always apply regardless of the circumstances - too many people talk themselves out of applying when they might qualify.
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Chloe Green
When you apply, make sure you're VERY specific that you had medical documentation for most absences and that you never received any warnings. The exact wording matters a lot. If they deny you initially, definitely appeal! The appeal process is where a lot of legitimate claims finally get approved. One thing that helps: if your employer didn't follow their own disciplinary process (like giving verbal/written warnings before termination), mention that in your application and interview. That shows they didn't give you a fair chance to correct the issue.
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Jacob Lewis
•This is really helpful, thanks! I'll make sure to be super clear about the medical documentation and lack of warnings. Should I mention that I think they were looking for reasons to let people go because they're overstaffed?
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Lucas Adams
I'm dealing with EDD right now over a similar situation! It's been a nightmare trying to get through to someone who can actually help with my claim. I finally used a service called Claimyr (claimyr.com) to get through to a live agent after trying for DAYS on my own. They have this system that calls EDD for you and connects you when they get through. Saved me hours of redial hell. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Definitely apply and explain your medical absences. I found speaking directly with an EDD rep was the only way to get my situation straightened out.
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Ethan Clark
•does that actually work? i hate calling EDD its like impossible to get thru
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Harper Hill
Important to know: When you get your eligibility interview, the EDD representative will ask specific questions about your absences. They are looking to determine if your absences constitute "misconduct" which has a specific legal definition. Misconduct generally requires: 1. A deliberate disregard for employer interests 2. Violations of reasonable policies 3. Repeated behavior after warnings If your absences were due to legitimate illness with documentation, they typically don't meet this definition. The fact that you received no warnings significantly strengthens your case. Keep your doctor's notes handy and any documentation of the car breakdown or family emergency. Many employers automatically contest all unemployment claims, so be prepared for that. Just because they contest doesn't mean you'll be denied.
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Jacob Lewis
•Thank you for explaining this so clearly! I'm feeling more confident about applying now. I'll gather all my documentation and make sure I'm prepared for the eligibility interview.
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Mila Walker
One more thing - when you certify for benefits, be completely honest about your job search activities. If you're approved but then slack on looking for work or report inaccurate information during certification, you could end up with an overpayment situation later.
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Jacob Lewis
•Definitely, I'm already job hunting. What counts as sufficient job search activity? Is applying to 3 jobs per week enough?
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Harper Hill
For job search requirements, EDD typically expects you to apply to 2-3 jobs per week minimum, but more is better. Keep detailed records of everywhere you apply - company name, position, date, contact info, and application method. EDD can audit your job search activities at any time. Regarding your earlier question about doctor's notes - don't submit them with your initial application, but have them ready for your eligibility interview. The interview is where these details really matter.
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Jacob Lewis
•Thanks! I'll start a spreadsheet to track all my applications. I appreciate everyone's help - this has been really informative.
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Ryan Young
I work in HR and can tell you that your case sounds pretty strong for unemployment benefits. The fact that you had medical documentation for 3 out of 5 absences AND received no progressive discipline (verbal warnings, written warnings, etc.) before termination really works in your favor. Most legitimate employers follow a progressive discipline policy before firing someone for attendance issues. A few tips: When you file, emphasize that you followed proper call-out procedures and had legitimate reasons for your absences. If your employer contests the claim (which many do automatically), don't panic - just participate in the phone hearing and present your documentation. I've seen plenty of similar cases get approved, especially when the employee can show they acted responsibly and the employer didn't follow their own policies. Also, make sure to file ASAP - there's a waiting period and you want to get the clock started on your claim. Good luck!
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Romeo Quest
•This is really reassuring coming from someone in HR! I was worried that since it was attendance-related, I'd be automatically disqualified. The fact that they didn't follow progressive discipline seems to be a key point everyone is mentioning. I'm definitely going to file today and make sure I emphasize the medical documentation and proper call-out procedures. Thanks for the insider perspective - it helps to know what HR actually looks for in these situations!
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Vince Eh
Just went through something almost identical last year! Got fired from a retail job for "attendance issues" after 6 call-outs in 4 months - 4 were for documented medical reasons (kidney stones) and 2 were legitimate emergencies. No warnings, just called into the office one day and terminated. Filed for unemployment immediately and got approved after the eligibility interview. The key was being completely honest about why I was absent and having documentation ready. EDD approved my claim because the absences were for legitimate reasons and my employer didn't follow proper disciplinary procedures. Your situation sounds even stronger since you have medical documentation for most absences. Don't let anyone scare you out of applying - the worst they can say is no, but from what you've described, you have a solid case. Make sure to keep copies of everything and be prepared to explain each absence clearly during your interview.
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Chris King
•Thanks for sharing your experience! It's really encouraging to hear from someone who went through almost the exact same situation and got approved. The kidney stones situation sounds awful but I'm glad EDD recognized those as legitimate medical absences. It gives me hope that my bronchitis documentation plus the lack of warnings will work in my favor too. Did your employer contest your claim or did they just let it go through? I'm preparing myself for them to fight it but hearing success stories like yours makes me feel more confident about the whole process.
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Malik Johnson
I went through this exact situation about 6 months ago and wanted to share my experience. Got terminated from a manufacturing job for "excessive absences" - had 4 call-outs in 2 months, all with proper documentation (flu, then a back injury). Like you, I never received any warnings or write-ups. I was terrified to apply for unemployment because I thought attendance = automatic disqualification, but I'm so glad I did. The eligibility interview was actually pretty straightforward - they asked about each absence, I explained the medical reasons and provided documentation, and they approved my claim within a week. The interviewer specifically asked if I had received any disciplinary actions before termination, and when I said no, she noted that in my file. Apparently employers are expected to give employees a chance to correct attendance issues before firing them, especially when the absences are medically related. Your case sounds even stronger than mine since you have documentation for 3 out of 5 absences AND legitimate reasons for the other 2. The car breakdown and family emergency are exactly the kind of unavoidable circumstances EDD considers. File immediately and don't second-guess yourself - you deserve those benefits while you find another job!
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Kylo Ren
•This is exactly what I needed to hear! Your situation sounds so similar to mine and knowing you got approved gives me a lot of hope. The part about the interviewer specifically noting that you received no disciplinary actions is really encouraging - it sounds like that's a major factor they consider. I've been beating myself up thinking I should have somehow known better, but you're right that employers should give warnings before termination, especially for medical absences. I'm definitely filing today and will make sure to emphasize the documentation and lack of progressive discipline. Thanks for taking the time to share your experience - it really helps to know I'm not alone in this situation!
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Honorah King
Just wanted to add my perspective as someone who's been through the EDD process multiple times. Your situation actually sounds pretty favorable for approval - having medical documentation for the majority of your absences is huge, and the lack of any progressive discipline really strengthens your case. One thing I learned from my experience: when you do your eligibility interview, be very specific about dates and circumstances for each absence. Have all your documentation organized and ready to reference. The EDD representative will likely ask you to walk through each incident, so having a clear timeline helps a lot. Also, don't be discouraged if your former employer contests the claim - it's standard practice for many companies to automatically contest all unemployment claims. The good news is that EDD makes their decision based on the facts, not just the employer's objection. With your medical documentation and the procedural issues (no warnings), you're in a strong position. File ASAP and stay positive. The process can feel overwhelming, but based on what you've shared, you have a legitimate claim. Good luck with your job search too!
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Ezra Bates
•This is really helpful advice about organizing documentation and being prepared for the interview! I've been reading through everyone's responses and I'm feeling much more confident about my chances. It sounds like having everything documented and ready to reference during the eligibility interview is crucial. I'm going to create a timeline of each absence with the reasons and documentation before I file. The point about employers automatically contesting claims is good to know too - I won't take it personally if they fight it. Thanks for the encouragement and practical tips!
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Drew Hathaway
Based on everything you've shared, you definitely have a strong case for unemployment benefits! The combination of medical documentation for 3 out of 5 absences, legitimate reasons for the other 2 (car breakdown and family emergency), and zero progressive discipline from your employer puts you in a really good position. I've been through the EDD process myself and here's what I'd recommend: File your claim TODAY - don't wait. When you get to the eligibility interview, be super organized with your timeline and documentation. Have your doctor's notes, tow truck receipt, and any hospital records ready to reference. The fact that your employer jumped straight to termination without any verbal or written warnings is actually a huge point in your favor. EDD expects employers to follow progressive discipline, especially for attendance issues that aren't willful misconduct. Don't let the "attendance = automatic denial" myth stop you from filing. Your absences were legitimate and documented - that's completely different from someone who's just chronically late or calling out for frivolous reasons. You followed proper procedures and had genuine emergencies/medical needs. Even if your employer contests (which many do automatically), stay confident in your case. The evidence is on your side. Good luck with both the claim and your job search!
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Lucas Parker
•Thanks for all the detailed advice! Reading through everyone's responses has really opened my eyes to how strong my case actually is. I was so worried about the attendance aspect that I didn't realize the medical documentation and lack of warnings were such big factors in my favor. I'm definitely filing today - no more second-guessing myself. It's amazing how supportive this community is, and hearing from people who've been through similar situations makes such a difference. I'll make sure to come back and update everyone on how it goes!
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Matthew Sanchez
I'm new to this community but wanted to chime in since I just went through something very similar! Got fired from my warehouse job 3 weeks ago for "attendance issues" - had 6 absences in 4 months but all were either documented medical (had COVID twice) or legitimate emergencies. Like you, zero warnings from management. I was terrified to file thinking I'd get automatically denied, but after reading advice similar to what everyone's giving you here, I applied anyway. Just got my approval letter yesterday! The eligibility interview was way less scary than I expected - the rep was actually really understanding when I explained the medical situations and lack of progressive discipline. Your case sounds even stronger than mine since you have that solid medical documentation for the bronchitis. The key things that seemed to help me were: being completely honest about each absence, having all my documentation ready during the interview, and emphasizing that my employer never gave me a chance to improve before termination. Don't let them intimidate you out of applying - from everything I've learned, EDD really does look at each case individually and considers whether the absences were for legitimate reasons. File today and stay positive!
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Felicity Bud
•Congratulations on getting approved! That's such great news and really encouraging for my situation. It's crazy how similar our cases are - warehouse job, multiple absences with legitimate medical reasons, and no warnings before termination. The fact that you just got your approval letter gives me so much hope that mine will work out too. I'm definitely filing today after reading everyone's advice here. Thanks for sharing your experience and proving that these situations can have positive outcomes! Did your employer end up contesting your claim or did it go through smoothly?
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