Can you collect unemployment if you get fired for a DUI in California?

Thank you, this actually makes me feel a little better. So they're not just going to auto-deny me? I was kind of assuming the worst here. Do I keep filing my weekly certifications while adjudication is going on?

Yes, absolutely keep filing your weekly certifications on time even while the adjudication is pending. If you stop filing and then get approved, you can lose those weeks of benefits. Don't stop filing under any circumstances.

this is good info, i always thought fired = no benefits no matter what but i guess thats not true

This is incredibly helpful. I haven't gotten any interview notice yet - is that something that comes by mail or through the UI Online portal?

Both actually - EDD typically sends a notice to your UI Online account and mails a physical copy. Check your UI Online inbox daily. The interview is usually by phone and they'll give you a scheduled time. Missing that interview is a big deal so make sure your contact info is updated in the system.

i missed my adjudication phone interview once and it took me an extra month to sort everything out, do NOT miss that call

Also worth noting - your employer will also be contacted during the adjudication process. EDD gives both sides a chance to present their position. Be prepared for your employer to argue the DUI was directly job-related because of your driving duties.

Wait this actually works?? I've been trying to call EDD for days and keep getting the 'we cannot take your call' message. Going to look into this right now.

I used claimyr too. Got through to EDD same day. The agent I talked to actually walked me through what to expect with my adjudication which was super helpful.

does it cost anything or is there like a catch

It's a paid service but honestly after weeks of wasted time trying to get through on my own it was worth every penny to actually talk to a real EDD agent about my case.

I definitely signed something when I was hired about a driving policy but honestly don't remember exactly what it said. Is there a way to get that documentation?

You can request your personnel file from your former employer. In California you have a legal right to inspect your personnel records. Send a written request via email so you have documentation of the request. This gives you visibility into exactly what they're reporting to EDD.

this is really smart advice, paper trail is everything with EDD

Yeah same, I really thought I had zero chance. The adjudication process seems like it's at least giving me a fair shot to explain my side.

That's exactly how it's supposed to work. EDD is required to investigate both sides before making a determination. The system isn't perfect but the misconduct standard genuinely does protect workers in situations like this one.

Good to know about the 30 day appeal window. I'm going to set a calendar reminder for when my determination letter might arrive. Do they notify you through UI Online too or just mail?

They mail the determination letter - UI Online usually updates around the same time but the official 30 day clock runs from the mailing date on the letter itself, not when you see it online. So check your mail regularly once you're getting close to the 5-6 week mark.

This is accurate. CUIAB appeals are heard by an administrative law judge and you can present evidence and testimony. Many people do successfully win on appeal even after initial misconduct disqualifications, particularly for off-duty conduct cases.

This is really practical, thank you. If I do get denied I'll make sure to be very specific in my appeal response.

seconding this - my friend appealed a denial and won specifically because she addressed every single point in the determination letter with documentation. vague appeals don't work well

Wait I didn't know that, I thought a disqualification meant never getting benefits ever. So even if I'm denied I could potentially get benefits in the future if I find new work?

Correct. The standard misconduct disqualification in California requires you to earn five times your weekly benefit amount in new employment before you can re-qualify. It's a temporary barrier, not a permanent one.

this thread is genuinely educational, learned so much about how California EDD actually works

This is actually really encouraging to hear, thank you for sharing. The fact that it was a personal vehicle and personal time seems to be the key argument.

yeah the ALJ basically said one off-duty incident in personal car doesn't mean he couldn't safely do his job going forward. good luck to you!!

This aligns with how California courts have interpreted the misconduct standard. The connection between the off-duty conduct and actual job performance is critical to the analysis.

I actually looked into claimyr.com after your first comment and I'm going to try it. I really want to talk to someone at EDD directly before the adjudication is finalized if possible.

Getting an agent to note your file with your side of the story before a determination is made is actually smart. I didn't think to do that.

That's understandably a common reaction but California law is pretty clear that not every termination for cause equals unemployment disqualification. The misconduct standard exists to protect workers from losing benefits over situations that aren't severe enough to warrant permanent consequences. The legal system draws distinctions for a reason.

Also worth noting that EDD is funded by employer payroll taxes, not a general fund, and the system is specifically designed to help workers get back on their feet. Being fired doesn't automatically mean someone shouldn't have access to the safety net they've been paying into.

I understand that reaction honestly. I'm not proud of the situation. I'm just trying to figure out what I'm entitled to legally so I can keep paying my bills while I look for work.

Yes I've been filing every week, this comment plus the earlier one about it really made sure I wouldn't stop. Currently have 2 weeks filed already.

this is the most important practical advice in the whole thread honestly

Oh wow I actually didn't think about the job search requirement during adjudication. I've been applying but not logging anything. Starting a job search log right now.

Yes this is important. California EDD requires claimants to document their work search activities. You can use the work search log template on the EDD website or any method that records the employer name, position, date, and method of contact. Keep these records for at least 18 months.

i got hit with a surprise EDD audit once and had to scramble to document everything retroactively, keeping a running log from day one is the move

This is really comforting to hear, thank you. The waiting is definitely the hardest part. I keep refreshing UI Online hoping something will change.

The UI Online status doesn't always update in real time - sometimes the status hasn't changed but a decision has already been made and the letter is just in the mail. Check your physical mailbox too.

Really good advice. I'm going to do this today - write out a complete timeline so I'm prepared if they call. Do you know if they give you notice before the interview or can they just call randomly?

They typically schedule the interview and send you a notice with the date and time window. But I've heard of some people getting calls outside that window too, so having your notes ready at all times isn't a bad idea.

EDD interviewers are generally looking for consistency in your account, specific details, and a non-defensive explanation of what happened. Staying calm and factual is more effective than getting emotional even though the situation is stressful.

An employment attorney consultation is a good idea I hadn't considered. Are there any free legal aid resources in California for unemployment appeals?

Yes - California has legal aid organizations that help with unemployment appeals at no cost. The Employment Development Department website has some resources, and organizations like Bet Tzedek and Bay Area Legal Aid provide free assistance depending on your income level. Worth looking into.

The California Employment Lawyers Association also has a referral service and many employment attorneys offer free initial consultations for unemployment appeal cases.

Thank you, genuinely. This whole thread has been way more helpful than I expected when I posted. I feel a lot more prepared now.

I tried Claimyr this morning and I'm in the queue right now. Will report back when I actually get through to someone.

let us know how it goes! curious if the agent can give you any info about where your adjudication stands

Employers can respond to EDD's inquiry and provide their side of the story, but they can't unilaterally 'take away' your benefits after approval. If EDD initially approves you and later receives information from your employer that changes the determination, EDD can reopen the case. That's different from the employer directly revoking benefits. Once a determination is made and not appealed within the deadline, it generally stands.

Ok that makes more sense, she was probably confused about what actually happened. Thanks for clarifying

Employers can appeal an EDD determination they disagree with, just like claimants can. Both parties have appeal rights. But an appeal doesn't automatically stop benefit payments while it's being processed in most cases.

Great news that you have a date scheduled. Go into that interview calm, factual, and detailed. Emphasize the personal time and personal vehicle aspects. You've got this.

Good luck Thursday! Remember to have your documentation ready and answer the questions asked without volunteering extra information that wasn't requested.

Rooting for you! Come back and let us know the outcome - threads like this help others going through the same thing.

Fingers crossed for you. The fact that your certifications are all showing filed is exactly where you want to be.