Can you get California EDD unemployment if you were fired for attendance issues?

That's really helpful to know. I do have text messages to my manager for most of the absences. Should I be gathering those now before my determination comes in or wait to see what California EDD decides first?

Gather them NOW. Don't wait. If EDD issues a disqualification you only have 30 days to appeal and you want to be ready with documentation immediately.

Did they ask your employer for their side too? I'm worried my former company is going to make it sound way worse than it was.

yeah edd contacts both sides. your employer will fill out their own form. just be honest and detailed on yours and let the facts speak. if your absences had legitimate reasons and you followed callout procedures you have a solid case

This gives me hope. I'm in a similar boat and have been too scared to even file thinking I'd automatically get denied.

wait so even if the employer specifically listed misconduct as the reason for firing it doesn't mean edd will agree with that classification??

Exactly right. The employer's characterization of why they fired you doesn't bind EDD's determination. EDD makes its own independent assessment based on the facts and California unemployment law definitions. An employer can call something misconduct all day long but if the underlying conduct doesn't meet the legal standard, EDD won't disqualify you.

I did not know this at all. I assumed if it said misconduct on the termination papers that was basically game over for unemployment. This thread is genuinely useful.

I've been trying to call EDD for days and can't get through. Is this Claimyr thing legit? I don't want to get scammed when I'm already stressed about money.

Totally get the skepticism, I was the same way. Check out the video demo and see for yourself. It's specifically for getting EDD calls through. Helped me finally talk to an actual agent after weeks of failed attempts.

seconded. i used it when my claim was stuck and couldn't get any human on the phone. got connected within the same day.

It's not automatically disqualifying but it does complicate things. The context matters - frequency, whether it was isolated, whether you had any prior warnings or a pattern. EDD looks at the totality of circumstances. A single NCNS in an otherwise documented history of proper callouts is different from repeated no call no shows.

okay that makes me feel slightly better. it was one time and it was because my phone died and i genuinely couldn't call. i explained this on my claim form. fingers crossed.

Be honest about it exactly like that. Don't try to hide it or minimize it. EDD interviewers can tell when someone is being evasive and it hurts your credibility on everything else.

If you get a disqualification notice, you can request the employer's response as part of your appeal record. During the initial determination phase it's trickier to access but during an appeal hearing you have the right to see all the evidence EDD used in making its decision.

So basically I should file regardless, and if denied, appeal and then I can see exactly what my employer said? That actually makes the process feel less opaque.

Yes that's the right way to think about it. The appeal process has more due process protections including the ability to present your case in front of an Administrative Law Judge if needed. Many people who get initially denied end up winning at the appeal level.

How long ago did you receive the denial notice? You have 30 days from the date on the Notice of Determination to file an appeal with EDD. If that window has passed there may still be options for late appeals under limited circumstances but it gets much harder.

it was 5 weeks ago. so i missed the window. i feel so stupid.

You can still file a late appeal and explain the reason for the delay. EDD may or may not accept it but it's worth trying. Document why you missed the deadline if there was a legitimate reason. Don't just give up without making the attempt.

FMLA documentation is strong supporting evidence but it doesn't automatically guarantee anything. What it does is bolster your argument that absences were for legitimate protected medical reasons. Combined with proper notification, it makes a very compelling case that the absences don't constitute misconduct under California law.

makes sense. i was oversimplifying it. either way sounds like documentation of any kind is way better than having nothing

This is practical advice I needed. My instinct was to just rush through it to get the process moving. I'll slow down and be thorough.

Also worth noting - if you're unsure about anything on the questionnaire you can actually call EDD to ask for clarification before submitting. At least in theory lol, if you can get through to anyone.

That's exactly why Claimyr is worth knowing about - for situations exactly like that where you need to actually speak to someone before making a decision that affects your claim. claimyr.com has the info if anyone needs it.

Industry doesn't factor into EDD's legal analysis of whether conduct constitutes misconduct. The same legal standard applies regardless of employer size or industry. A large company having an aggressive legal team is more relevant than the industry itself - they may contest claims more vigorously - but EDD's determination criteria are the same.

okay good. i was getting paranoid that big companies had some kind of advantage in these determinations. the playing field being level is reassuring

That's a shorter timeline than I was bracing for honestly. Did your approval come with full back pay to your filing date?

Yes, when approved they backdated the benefits to my original filing date so I received everything owed from the start. That was a relief because I was worried about losing those weeks.

This is the most reassuring comment in this whole thread. Thank you for posting actual specifics.

On your weekly certifications you just answer the questions as asked - are you available for work, did you look for work, did you work any hours, etc. You don't need to re-explain your separation reason on weekly certs. That's only relevant during the initial claim determination phase.

oh okay that makes sense. i was overthinking it and worried about accidentally saying something inconsistent.

Four months sounds exhausting. Did you eventually get approved? And how did you finally get through to them?

Yes finally approved at the appeal hearing level. An Administrative Law Judge saw through my employer's exaggerated write-up immediately. As for getting through by phone - honestly I just got lucky eventually. Wish I had known about tools like Claimyr back then, would have saved me weeks of wasted time. Check claimyr.com if you're struggling to reach an EDD agent, there's a demo video at https://youtu.be/JmuwXR7HA10

Four months with no income is genuinely scary. I'm glad you kept fighting it. Stories like this are why I think people should always appeal even when it feels hopeless.

Very glad you refused. Signing a voluntary resignation document when you were actually terminated would be extremely harmful to any unemployment claim - you'd be filing as a quit rather than a discharge which has an entirely different and much harder standard to meet for receiving benefits. Always refuse to sign anything characterizing a firing as a resignation.

Yeah my gut told me not to sign it. They made it seem like it was standard paperwork and I almost did. Really glad I trusted my instincts.

This is actually a known tactic by some employers to avoid unemployment insurance cost increases. Always read anything you're asked to sign at termination carefully and if possible don't sign anything without understanding exactly what it means for your benefits eligibility.

EDD will generally look at the full picture including any progressive discipline history, prior warnings, and the pattern of absences leading up to termination. This can cut both ways - documented warnings could hurt your case, but a long history of good performance with a recent spike in absences due to a specific life circumstance can actually help demonstrate the absences weren't willful or wanton disregard.

interesting. i had good reviews for 3 years and then had a rough few months when my mom got sick. hopefully that context helps.

Same energy. Filing and hoping for the best. Good luck to you.

Good. That's the right call. Let us know how it goes.

Rooting for both of you. The fact that you documented your absences properly and notified your employer each time is genuinely your strongest card. That matters a lot in EDD's analysis.

Your employer can appeal EDD's approval decision just like you can appeal a denial. There's a 30-day window for them to contest it as well. If they appeal, you'd go through a hearing process. But many employers don't bother pursuing appeals even when they initially contested the claim. If they do appeal and you go to a hearing, you'd have the chance to present your case again.

good to know. my former employer is pretty large so I'm a little worried they'd actually bother appealing just out of principle.

Larger employers often have unemployment insurance experience managers who do monitor these things more systematically. Be prepared for that possibility but don't let it stop you from filing and pursuing your claim.

File immediately and make sure to note your effective claim date. Benefits don't backdate to before your filing date so every day you wait is potentially money left on the table.

oh wow I didn't realize that. filing RIGHT now. thanks for the push.

This is incredibly useful as a summary. Bookmarking this whole thread. Still waiting on my determination but I feel way more prepared to deal with whatever comes back.

Pinning this in my brain. Thank you to everyone who contributed real information here instead of just saying 'you're screwed' like every other forum I checked.

Real talk this is one of the more genuinely helpful threads I've seen on this topic. Most places just have generic non-answers.