Can you get California EDD unemployment if you get fired for stealing?

That's really helpful to know. So California EDD makes their own call independent of what my employer says? I didn't realize it worked that way.

yes this is correct, edd doesn't just take the employer's word for it. my cousin got fired for 'theft' and edd approved him because the employer couldn't actually prove he took anything, it was more of a suspicion thing

Exactly right. The burden of proof matters here. California EDD requires the employer to substantiate the misconduct allegation, not just assert it. If they can't provide documented evidence of the theft - witness statements, surveillance footage, a signed statement - the claim may still be approved.

I've been checking my UI Online account daily. Nothing yet but I'll definitely respond the second something comes through. Should I be explaining my side of the story somewhere proactively or just wait?

just wait for their official request. dont call and muddy the waters before they ask. when they do ask be specific about circumstances, context, whether you had permission or thought you had permission, anything that shows it wasnt intentional misconduct

Wait this actually exists? I've been trying to call EDD for days and can't get through to anyone. Gonna check out that video right now.

used claimyr last month for a totally different issue and can confirm it works. got through to edd in like 40 minutes vs the 3 hours i spent failing to get through on my own the day before

theft of company time lol that is such a stretch. glad edd saw through that

So even if my employer is 100% convinced I stole something, EDD applies their own standard? That's what I'm starting to understand from this thread.

Correct. California courts have actually overturned EDD disqualifications in cases where employers alleged theft but couldn't demonstrate the conduct met the statutory definition of misconduct. The 1256 standard is actually fairly specific.

this is why you should always appeal if you get denied. the initial determination isn't the final word

Yeah I've been going back and forth on how to frame things. The situation was genuinely more complicated than 'I stole something' but I don't want to sound like I'm making excuses either.

don't think of it as excuses. think of it as facts. just state the facts as they actually happened. edd adjudicators look at intent a lot. accidental or misunderstood actions don't usually meet the misconduct standard

I appreciate the honesty. Did your brother end up finding any other assistance while he was waiting on appeals and after?

he found some local nonprofit assistance and also got a new job pretty fast. the whole process took about 4 months total from being fired to the final denial. just giving you the timeline so you know what you might be dealing with

camera footage is basically game over yeah. without hard evidence it's much more of a he said she said situation that edd has to work through

Not a dumb question at all. The process goes: initial EDD determination → if denied, you have 30 days to appeal to the California Unemployment Insurance Appeals Board (CUIAB) → ALJ hearing → if still denied, you can petition for a writ of review to Superior Court. Most people stop at the CUIAB level. Appeals hearings are actually quite accessible and you can represent yourself.

30 days from the denial letter date? or 30 days from when i receive it?

30 calendar days from the mailing date on the notice, not from when you receive it. So open and act on any EDD mail immediately. Don't sit on it even for a day or two.

8 weeks is terrifying. Did you end up getting all the back weeks paid once it resolved?

yes! that was the one relief. when it finally got resolved they released all the certified weeks at once. so keep certifying every week even while you're waiting. do NOT stop certifying thinking it's hopeless

Wait, I need to be doing job search activities even while my claim is in adjudication? I didn't realize that. I've been applying to jobs but haven't been keeping a formal log.

Yes, start keeping a log immediately. California EDD's job search requirement is currently one employer contact per week minimum, but documenting more doesn't hurt. Write down employer name, position, date, method of contact, and outcome. EDD can audit this.

i didn't know this either when i was in adjudication. nobody tells you this stuff. i got approved but i panicked when they asked me about job search and luckily i had been applying and could remember most of them

There's some truth to this. The language employers use in termination documents does factor in. 'Misappropriation' has a different connotation than 'theft' - it can refer to things like misuse of company resources, using work time for personal activities, taking samples without authorization, etc. The more ambiguous the alleged conduct, the more room for a favorable EDD determination.

Huh I hadn't thought about the specific wording mattering. My actual situation was definitely more on the ambiguous end so maybe that works in my favor.

No I didn't sign anything. They handed me the termination paper and I just left. Should I have signed something or refused to sign something?

no signing nothing is probably fine. sometimes employers try to get you to sign something that basically admits to what they're accusing you of. you not signing anything keeps things cleaner for the edd process

yeah knowing WHERE you are in the adjudication process is half the battle. the uncertainty is the worst part

does the employer always respond? like what happens if they just don't?

If an employer fails to respond to California EDD's inquiry within the specified timeframe, EDD will typically proceed with making a determination based on available information, which often means the claimant's version of events carries more weight. Employer non-response actually happens more than people think, especially with larger companies that have overwhelmed HR departments.

A denial on one claim doesn't create a permanent bar to future claims. Each claim is evaluated on its own merits based on your most recent qualifying period and separation reason. You could be denied today and qualify for benefits three years from now if you have a different separation with a different employer. The main long-term impact of a denial is just that you don't receive benefits for that specific claim period.

oh wow that is a huge relief i didn't know that. i've been so scared to file for the wrong reason

unfortunately yes the 30 day deadline is hard. there is no exception process for late appeals except in very extraordinary circumstances like hospitalization. sorry that happened to you

yeah its whatever at this point just wanted to warn people reading this not to make the same mistake

Appeal hearings are conducted by an Administrative Law Judge and are less formal than court proceedings. They're typically done by phone now. Both you and your former employer can participate and present evidence. You can bring witnesses. The ALJ will ask questions and review documentation. The whole thing usually lasts 30-90 minutes. You can represent yourself without an attorney, though for misconduct cases some people find it helpful to consult a workers' rights organization beforehand.

done by phone makes it way less scary tbh. i was imagining having to go stand in front of a judge in a courtroom

i had a phone hearing and it was honestly not that bad. the alj was pretty fair about letting me explain my situation. bring notes!

Update: got a notice in my UI Online inbox asking for my account of events. Submitted my explanation yesterday explaining the full context of the situation. Now waiting again but at least I know they received my side of things. The waiting is brutal but trying to stay patient.

fingers crossed for you! keep certifying every week no matter what

Definitely keeping up with certifications every week and maintaining my job search log. This thread has been incredibly helpful - I knew way more going into this than I would have otherwise. Will report back when I get a determination.

THIS. so many people conflate being legitimately fireable with being disqualified from ui benefits. they are completely separate questions answered by completely separate legal standards. you can deserve to be fired and still deserve unemployment benefits

wait really?? i always thought if you deserved to be fired you couldn't get benefits. this changes how i think about the whole system

okay i'm saving that link. i've had two situations in the past year where i desperately needed to talk to an actual edd person and couldn't

same. bookmarked for future reference because you never know when you'll need it

Agreed. I came here in a panic and now I actually feel like I understand what I'm dealing with and what I need to do. Still nervous but at least informed-nervous instead of total-dark nervous.

Good luck with your claim. The fact that you engaged with the process, submitted your explanation promptly, and kept certifying puts you in a much better position than a lot of people who just give up or go silent. Whatever the outcome, you did what you could.