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.

As someone who went through a similar situation, I want to emphasize that the HR person telling your daughter to apply is actually a really good sign! When I was terminated for attendance issues (chronic lateness due to childcare complications), my former employer's HR department specifically told me they wouldn't contest my claim because they understood the circumstances weren't malicious. The key points for your daughter: - Apply TODAY through UI Online - don't wait - Be completely honest about the transportation issues and illness - Frame it as circumstances beyond her control, not defiance of company policy - Keep records of her job search starting immediately - If she gets an eligibility interview, emphasize that she wanted to keep the job and the issues weren't intentional California EDD looks at whether the employee's actions showed "willful or wanton disregard" for the employer's interests. Being late due to unreliable public transit and missing work due to illness typically don't meet this standard, especially if she was otherwise a good employee. The fact that she's only 23 and this was likely one of her first jobs also works in her favor - EDD often considers whether the employee understood the severity of the policy violations. Stay positive and persistent! Even if initially denied, the appeal process often works out for attendance-related terminations.

I work in employment law and see these cases frequently. Your daughter should definitely apply - attendance-related terminations are often approved for unemployment benefits in California, especially when there are legitimate reasons like transportation issues and illness. A few key points that haven't been mentioned yet: 1. Make sure she saves any documentation about the transportation problems (transit app screenshots showing delays, etc.) as others suggested 2. If she had any medical documentation for those sick days, keep that too - even if she didn't follow proper call-in procedures 3. When she applies, she should be honest but focus on the facts: "terminated for attendance issues due to public transportation delays and illness" rather than accepting their "misconduct" label 4. The 6-month employment period works in her favor - she clearly wanted to keep the job The HR person's advice to apply immediately is actually very telling. They likely know their company's history with unemployment claims and wouldn't suggest it if they planned to fight it aggressively. Companies that regularly contest claims usually don't encourage employees to apply. Even if there's an initial denial, don't give up. The appeal process exists for exactly these situations where the circumstances matter more than the company's classification of the termination.

I've been following unemployment cases for years and want to add some practical advice for the application process itself. When your daughter fills out the UI Online application, she'll come to a section asking about the reason for separation. Here's exactly how she should approach it: Don't use the employer's language of "misconduct" or "policy violation." Instead, write something like: "Terminated due to tardiness caused by unreliable public transportation and two absences due to illness." The system will likely flag this for an eligibility determination, which is normal and expected. During any phone interview, she should emphasize: - Her commitment to the job (6 months shows she wanted to stay) - The transportation issues were beyond her control - She was genuinely ill for the absences - She had no prior disciplinary history for performance issues Also, a tip that helped me when I had to deal with EDD - if she needs to call them for any reason, try calling right at 8:00 AM when they open. The hold times are still long but much better than later in the day. The fact that multiple people here have shared similar successful outcomes should give you both confidence. Apply today and stay positive!

I went through something very similar with my son last year - he was terminated for attendance issues at his first retail job and I was so worried he wouldn't qualify for benefits. But he applied anyway and was approved! The key thing that helped him was being completely honest during his eligibility interview and explaining that his tardiness wasn't intentional - he was relying on rideshares and public transit, and sometimes they were just unreliable. The EDD interviewer seemed to understand that being a young person without reliable transportation isn't the same as deliberately showing up late. Your daughter should definitely apply today like everyone is saying. The fact that HR specifically told her to apply is huge - they know their own policies and wouldn't waste her time if they were planning to fight it. Even if she gets an initial denial, don't panic. My son's case took about 5 weeks total to get fully resolved, but it was worth the wait. Also, make sure she starts documenting her job search right away. EDD will ask about it during certification, and having a good record from day one makes everything smoother. She's got this!

Reading through all these responses has been so incredibly helpful - thank you to everyone who shared their experiences and advice! I'm feeling much more optimistic about my daughter's situation now. She's going to apply through UI Online today and we'll make sure she uses the framing suggested here about being "terminated due to tardiness caused by unreliable public transportation and two absences due to illness" rather than accepting the company's "misconduct" label. We'll also gather any documentation she might have about transportation delays and start tracking her job search activities right away. The fact that so many people here went through similar situations and were ultimately approved - even after initial denials in some cases - gives us real hope. And hearing from the HR manager and employment law perspectives about why her HR person would encourage her to apply makes me think this wasn't just empty politeness. I'll update everyone once we hear back from EDD. Thank you all again for taking the time to help a worried parent and her daughter navigate this stressful situation. This community is amazing!

I just wanted to add my perspective as someone who's been through the EDD system multiple times - the fact that your daughter only worked there 6 months but HR still told her to apply is actually really significant. Most companies are very careful about their unemployment insurance rates, and they wouldn't encourage someone to file if they thought it would hurt their rating. Also, something I haven't seen mentioned yet - make sure she applies online through UI Online rather than trying to call. The online system is much faster for initial applications, and she'll get a confirmation number right away. She can always call later if there are issues, but starting online will get her in the system immediately. One last tip: when she gets to the job search requirements, she should know that EDD accepts a wide variety of job search activities - not just online applications. Things like attending job fairs, networking events, or even informational interviews count toward the requirement. This can be especially helpful for young people who might benefit from in-person opportunities. Sounds like she has a really good chance based on everyone's experiences here. The transportation and illness issues are exactly the kind of circumstances that separate "misconduct" from just unfortunate situations. Good luck!

Just want to echo what everyone else is saying - your daughter should absolutely apply! I went through almost the exact same situation about 8 months ago. Got fired from a restaurant job for being late too many times (also due to bus issues) and my manager actually said the same thing - "make sure you file for unemployment." I was so scared I wouldn't qualify because I thought getting fired automatically disqualified you, but it turns out attendance issues are way more common than you'd think and EDD sees them differently than employers do. The key is that your daughter wasn't trying to hurt the company - she was dealing with real transportation challenges that a lot of young people face. I got approved after about 4 weeks (including an eligibility phone interview where I explained the bus situation). The interviewer was actually really understanding and said transportation problems are one of the most common reasons they see for attendance issues, especially for younger workers. Tell your daughter to apply today and don't stress too much about the "misconduct" label on her termination papers. EDD makes their own determination based on the actual circumstances, not what the employer calls it. The fact that HR told her to apply is honestly the best sign she could have gotten!

I'm really glad to see so many encouraging responses here! As someone who's helped several family members navigate the EDD system, I wanted to add that your daughter should also keep copies of everything she submits. Screenshot her online application before submitting it, save any confirmation emails or numbers, and if she ends up having a phone interview, take notes during the call about what was discussed. The transportation issue is actually more common than people realize, especially in California where public transit can be unreliable and many young people can't afford cars. EDD understands this reality. The fact that she worked there for 6 months shows she was committed to the job - someone who didn't care wouldn't have lasted that long. Also, don't be discouraged if the initial determination takes a few weeks. The system is still backed up from the pandemic, but it's moving much faster than it was a year ago. Most attendance-related cases I've seen recently get resolved within 3-5 weeks, which gives her time to job hunt while waiting for a decision. The most important thing is that she applied quickly after termination - that shows she's taking it seriously and needs the support. With HR encouraging her to apply and all the circumstances being legitimate issues rather than willful misconduct, I think she has a really good chance. Stay positive!

I wanted to share another perspective that might help ease your concerns. I work as a benefits coordinator and see unemployment claims from both sides - employer and employee. The language HR used ("make sure you file right away") is actually very specific phrasing that suggests they've already made an internal decision not to contest the claim aggressively. When companies plan to fight unemployment claims, they typically say things like "you can try to file" or just don't mention it at all. The fact that they actively encouraged her to apply AND used the word "make sure" indicates they likely view this as a separation where benefits should be available. Also, at 23 and working retail, your daughter is exactly the demographic that EDD tends to be more understanding with regarding transportation challenges. They recognize that many young workers rely on public transit and don't have the resources for backup transportation when buses are late. I'd recommend she apply today and prepare a simple timeline of events for any potential interview - dates of tardiness, reasons (specific bus routes/delays if she remembers), and the circumstances around her sick days. Having this organized ahead of time shows she takes the process seriously and isn't trying to hide anything. Given everything you've described, I'm genuinely optimistic about her chances. The combination of HR's encouragement, legitimate reasons for the attendance issues, and her relatively short tenure (showing she wanted to make it work) all point toward approval.

I just wanted to add one more encouraging data point - I work for a nonprofit that helps people navigate unemployment benefits, and attendance-related terminations are honestly one of the more straightforward cases we see, especially when there are legitimate transportation barriers involved. The fact that your daughter is 23 and was using public transit actually works strongly in her favor. California EDD has specific guidelines that consider whether an employee had "reasonable alternatives" to the behavior that led to termination. For a young person relying on public transportation, being occasionally late due to bus delays doesn't typically meet the threshold for "willful misconduct" - especially if she was otherwise a good employee. A few additional tips based on what we've seen work well: - When she describes the transportation issues, be specific about which bus routes were problematic and mention that she didn't have backup transportation options - For the sick days, emphasize that she was genuinely ill, even if she didn't follow the exact call-in procedure - If she gets an interview, mention that she learned from the experience and has since looked into more reliable transportation options for future jobs The combination of HR encouraging her to apply, legitimate reasons for the attendance issues, and her age/circumstances really does create a strong case. We've seen very similar situations result in approval, often without even needing to go through the appeal process. She should definitely apply today - and remember that even if there's an initial delay or request for more information, that's completely normal and doesn't mean denial. Stay positive!

I'm really glad I found this thread because my younger sister went through almost the exact same situation about 6 months ago. She was 22, working her first retail job, and got terminated for attendance issues - mostly being late because of unreliable rideshare and a few missed shifts when she had the flu but didn't follow their strict call-in policy perfectly. Like your daughter, she was really worried about applying because the termination paperwork said "misconduct," but her manager actually told her the same thing - to file for unemployment right away. She was approved after about 3 weeks and an eligibility interview where she explained the transportation challenges and illness. The interviewer specifically asked whether she had tried to address the transportation issues (like leaving earlier, finding alternative routes, etc.) and my sister was honest that as a young person without a car, her options were pretty limited. They seemed to really understand that perspective. What helped her case was that she had actually texted her supervisor a couple times when she knew she was going to be late due to the bus running behind, which showed she wasn't just blowing off work. If your daughter has any similar communication showing she tried to notify them when possible, that could be helpful evidence. The key thing the EDD interviewer emphasized was whether the behavior showed "willful disregard" for the job - and transportation problems for someone without reliable alternatives usually don't meet that standard. Your daughter should definitely apply today and be completely honest about her situation. The fact that HR encouraged it is genuinely a great sign!