Can you get EDD benefits if fired for attendance violations? HR told my daughter to apply anyway

She should ABSOLUTELY apply! The worst they can say is no, but termination for attendance issues isn't automatically disqualifying for unemployment in California. What matters is whether EDD considers it "misconduct" by their definition, which is different from what employers might call misconduct. For EDD purposes, misconduct generally requires a deliberate disregard for the employer's interests. Being late because of transportation problems or missing work due to illness might not meet that threshold, especially if she didn't have a history of disciplinary actions for these issues before. If her employer doesn't contest it (and it sounds like they might not if HR encouraged her to apply), she has a decent chance. Even if they do contest it, she can explain the circumstances in an eligibility interview.

tell her 2 apply asap!! my roomate got fired for somthing similar last year (late 2 work like 12 times) and still got approved! the hr person obvs knows there system and wouldnt tell her 2 apply if they were gonna fight it. jus make sure she doesnt lie on the application bc thats when u get in troble

Your daughter should apply for unemployment immediately and be completely honest about the situation. Here's why: 1. In California, EDD defines misconduct much more narrowly than employers do 2. Simple attendance issues, especially with explanations like transportation problems, often don't rise to EDD's definition of misconduct 3. The fact that HR suggested she apply is actually significant - they may not be planning to contest it 4. Even if initially denied, she can appeal and explain her side during an eligibility interview 5. Many tardiness-related terminations are ultimately approved for benefits after review She should apply online through UI Online, clearly explain the circumstances when asked, and be prepared for a possible eligibility interview where she can explain the transportation issues and illness in detail. Document everything, including any warnings she received before termination.

When I got fired for attendance last year my claim was initially DENIED but I appealed and eventually WON. The key difference between regular misconduct and what EDD calls "misconduct" is whether your actions showed a "willful disregard" for the employer's interests. Being late because buses run late isn't willful disregard - it's just life happening. Your daughter should: 1) Apply immediately 2) Answer all questions truthfully 3) Be prepared for an eligibility phone interview 4) If denied, APPEAL APPEAL APPEAL The EDD system is frustrating though - took me 7 weeks of calling every day to finally get through for my interview. I eventually used a service called Claimyr (claimyr.com) that helped me get through to an actual EDD representative when I needed to check on my appeal status. They have a video explaining how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Don't give up - the system is designed to be discouraging but persistence pays off!

I'm actually an HR manager (not giving legal advice, just my experience). The reason her HR told her to apply is because many companies don't automatically contest all unemployment claims, especially for things like tardiness where the person was otherwise a good employee. Companies have to pay a higher unemployment insurance rate if they have lots of successful claims, but contesting claims also costs time and resources. Sometimes it's not worth fighting. My advice: she should apply immediately and be 100% honest. If asked why she was terminated, she should explain the transportation issues and that she was sick for the absences - those are potentially reasonable explanations. Don't say "misconduct" just because that's what the employer called it. Let EDD make their own determination.

OMGGGG THE EXACT SAME THING HAPPENED TO ME!!! I got fired for attendance (6 tardies in 3 months) and I was sooooo stressed about money but I applied for EDD anyway and GOT APPROVED!!! The key is the eligibility interview - I explained that my tardies weren't intentional and were because of the bus schedule and they decided it wasn't "misconduct" by their definition. Your daughter should definitely apply! Like right now today!! But warning - the wait times to talk to someone at EDD are INSANE if she has questions or issues with her claim. I literally tried calling for 2 weeks straight and couldn't get through.

everybody here is being way too optimistic. if she was fired for breaking clearly stated company policies, that's misconduct by definition. my cousin got fired for attendance and was denied. depends on how the company reports it to EDD. if they check the "misconduct" box, she'll probably be denied initially. still worth applying though. worst case she gets denied and has to appeal.

she shud gather any proof of the bus being late if she has it!! like screenshots of the transit app showing delays or txt messages to coworkers saying the bus is running late again. that stuff helps in the interview

Just wanted to add - make sure she continues looking for work while waiting for a decision. EDD requires you to be actively searching for work to remain eligible, and they can ask about your job search activities during certification. At minimum, she should apply to at least 3 jobs per week and keep track of where she applied, when, and contact information. This will be important if she gets approved and starts certifying for benefits.

One more thing to keep in mind - if your daughter does get approved, make sure she understands the certification process. She'll need to certify for benefits every two weeks, and EDD will ask specific questions about her job search activities, any work she did that week, and whether she was able and available for work. Also, if she gets called for an eligibility interview, don't panic if it takes a while to schedule. EDD is still catching up from the pandemic backlog, and interview scheduling can take several weeks. The important thing is that she applied quickly and will have a chance to tell her side of the story. Given that HR specifically told her to apply, I'm actually pretty optimistic about her chances. Companies don't usually encourage filing if they plan to aggressively contest the claim.