Can I get unemployment if I get fired for background check failing - California EDD question

Really helpful to know the interview date shows up in both places. My DE 4800 arrived yesterday so at least I know when it is. Did EDD ask you much about the background check specifics during the interview?

The interviewer asked me what the employer said when they let me go, what the background check found, and whether I knew about it beforehand. I just answered honestly. EDD decides from both what I said and what the employer says.

DE 4800 also lists the questions they're likely to ask - read that section carefully before your interview, it helps you prepare without overpromising anything.

That's what I was hoping to hear. The issue on my background check is pretty old and unrelated to what I was actually doing at this job. I'll explain that in the interview.

my cousin got fired for a background check thing and EDD paid him - but someone else I know got denied. so it really does depend on what it was

Exactly - EDD weighs the specifics each time. The important thing is to be straightforward in the interview about what it was and when it happened. EDD's own language is that your employer has to prove misconduct, so the burden isn't just on you.

Already filed the same day I got let go, so at least that's done. Still waiting on the DE 429Z.

DE 429Z took about 12 days for me to get. If anything on the amount looks wrong, you can appeal within 30 days of the mailing date on it.

Good catch - the DE 429Z amount comes from the base period wages, usually the first four of the last five completed calendar quarters. If your highest paid quarter was recent it might look lower than you expect depending on timing.

The time they gave me works fine, I'll definitely have my phone with me. What if the employer says something in their interview that isn't accurate?

You'd want to address that in an appeal if it results in a denial. The Notice of Determination (DE 1080CZ) comes with an Appeal Form (DE 1000M) attached - you have 30 days from the mailing date to file it. During the appeal, an administrative law judge hears both sides.

Keep certifying every two weeks even if your claim is in adjudication - EDD can only pay weeks you actually certified for, so stopping while you wait for a decision is a real mistake.

oh i definitely thought the interview was like a mini court thing lol. so the interview is just them asking questions and you just answer honestly?

Pretty much. Answer honestly, give specific details about why you were terminated and what the background check issue actually was. EDD needs enough information to decide whether it counts as misconduct connected to your work.

Good to know the distinction. I was a little anxious thinking it was going to be confrontational but it sounds more like they just want the facts.

Mine had nothing to do with my actual duties, which were warehouse work and inventory management. No driving, no customer contact, no financial responsibility. I really think the connection to the job just wasn't there.

That context matters. Lead with that in the interview - explain what your actual duties were and why the background check finding had no bearing on them. EDD's interviewer can only work with what you tell them.

EDD also contacts your former employer so they get to respond too. If the employer's explanation is that it was a blanket company policy requiring a clean background and not about your specific duties, EDD still has to judge that against whether it rises to the misconduct threshold.

how long did your adjudication take after the interview? mine has been pending for two weeks and i'm going crazy

About three weeks after my interview before anything changed in Claim History. EDD mails the Notice of Determination and it shows up before the status usually updates online.

Two weeks post-interview is still inside normal range from what I've seen on this forum. Frustrating but not unusual.

I had no idea about CalJOBS, thanks for mentioning that. I'll check my mail for the DE 8405 and get registered right away.

EDD's notice will tell you if you're exempt - some claimants don't have to register. But if you get the DE 8405, don't sit on it.

CalJOBS registration is one of those things that trips people up and delays payments even when everything else is going fine. Good call flagging it early in the thread.

Worth noting that how EDD sees it doesn't depend on the employer's motives - EDD focuses on whether the background check finding constitutes misconduct connected to the work. But you're right that the timing and relevance of the finding matter when EDD weighs the employer's side.

fair point, i'm definitely oversimplifying. OP should let EDD make the call, just saying the facts sound reasonable based on what they described

Already started applying for other warehouse and logistics positions. I'll keep a log of everything just in case.

Good approach. And even if the background check comes up at future jobs, you can be upfront about the specifics - the finding being old and unrelated to the work is the same argument that should help you at EDD.

i had no idea about the 24 hour automated line. does it actually tell you payment amounts or just status?

It gives payment status updates. For specific amounts and week-by-week details, UI Online's Claim History and Payments screens are more useful.

Direct deposit showed up for me the morning after I certified online. The Money Network card took a little longer to activate when I first got it, so worth setting up direct deposit early if you can.

Exactly right. EDD's standard is about whether the conduct that led to the firing was a willful violation of a known work rule or something similar - not just whether the employer had grounds to terminate. Lots of valid firings from the employer's perspective still result in unemployment being paid.

EDD and the employer are essentially doing two separate analyses. Employer decides if the firing was justified by their policy. EDD decides if it rises to the misconduct level under unemployment law. They can reach different conclusions from the same facts.

Good to know there's a way to actually reach someone before the interview. I'm going to look into that in case I need to ask anything specific about my claim.

The agent confirmed which employer's wages were the issue and told me to send a correction through UI Online message. Straightforward once I actually had someone on the phone.

Miss the interview and EDD decides your case with whatever information it already has - which usually means the employer's account with nothing from you to counter it. Phone EDD the same day you miss it and explain what happened. That's your best chance to get rescheduled.

oh that's actually really scary. i should probably set three alarms for my interview time lol

The interview time is on the UI Online homepage too, not just the DE 4800 in the mail. So even if the notice got buried, checking UI Online would have shown you the time.

I was at this job eight months so most of my earnings there might actually fall in the right window. Guess I'll see when the DE 429Z shows up.

Eight months back from now puts most of those wages squarely in the standard base period. If for some reason the standard period doesn't produce a valid claim, EDD switches to the alternate base period automatically - but with eight months of wages you should be fine.

An alternate base period gets used only when the standard one doesn't qualify you at all - it doesn't bump up a weekly amount that's already calculating. Just wanted to make sure that's clear because I see people expect it to increase their benefit and it doesn't work that way.

Hoping I won't need to appeal but it's good to understand the path in case I do. At least it's not some impossible process.

Keep certifying through the whole appeal too. If the judge rules in your favor, EDD can only pay the weeks you actually certified for during the wait.

never heard of people representing themselves at the hearing actually working out but I guess it happens

Administrative law judge hearings at CUIAB aren't the same as court - they're more inquisitorial than adversarial, meaning the judge helps bring out the facts. Self-representation is common and not unusual there.

Good luck with your appeal - sounds like you're handling it exactly right by staying on top of the certification and gathering your documentation.

Certifying through the appeal felt counterintuitive since the claim was denied, but EDD can only pay those weeks if the judge overturns it and you certified. Stopping would have thrown away any back pay.

wait EDD takes taxes out?? i thought i read that california doesn't tax unemployment

California doesn't - the state exempts it. But federal income tax still applies. The 10 percent withholding option at certification is voluntary and covers just the federal portion.

A lot of people choose not to withhold and then owe in April. If your weekly amount adds up over several months it can be a meaningful number, so the withholding option is worth considering.

All three of those work in my favor honestly. Old finding, unrelated to the work I was doing, and they never mentioned it when they hired me eight months ago. I feel a bit better reading this.

Be specific about all three during the interview. Don't assume the interviewer knows the job duties - explain exactly what you did each day and why the background check issue couldn't have affected it.

Also worth preparing for the possibility of a denial anyway just so you're not blindsided. Knowing the appeal timeline and process means you don't miss the 30-day window in shock.

So theoretically if the employer doesn't respond, EDD decides mostly from what the claimant says?

EDD still uses whatever information it has, but an employer that doesn't respond within that window can't appeal EDD's decision afterward. So yes, the claimant's account carries more weight when the employer is silent.

Employer not responding is not uncommon with large companies that have HR teams handling high volumes. Doesn't guarantee an approval but it does mean EDD works with less counterweight on the employer's side.

They gave me two weeks of severance with my termination letter. Good to know I should report it - I'll make sure to do that when I certify.

Report it for the week or weeks it covers according to when it was earned, not when it hits your bank account. EDD's Report Wages option in UI Online can help you sort through the timing before you certify.

Writing down a timeline right now actually. Hired mid-February, they told me about the re-screen early this month, terminated the same week. Having it on paper will help.

Add what the employer actually said about the reason if you remember the exact words - anything from the termination letter too. If the letter says 'background check results' and nothing about misconduct, that specific wording matters.

Keeping the termination letter somewhere easy to find is smart. If you end up appealing, you'd want it at the hearing.