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?
18 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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