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Denied EDD benefits - can I appeal dismissal due to childcare crisis?

I got denied for unemployment and need advice ASAP. I was fired on March 15th because I missed too many days of work. Had my phone interview with EDD last week and just got the disqualification letter today. They said I was disqualified because "claimant was aware continued absences would result in termination." Here's my situation: Yes, I knew I was out of sick days, but my childcare situation completely fell apart. My sister who was watching my toddler moved out of state with barely any notice, and I couldn't find affordable daycare (everything nearby is $1800+ per month!!). I've been going through a messy divorce, and my ex has stopped paying any support for our child despite court orders. I explained all this to my employer and even brought documentation about the daycare costs, but they said "business needs come first" and let me go after my third absence. The EDD interviewer barely let me explain my childcare emergency. Can I appeal this decision? Has anyone successfully appealed a similar situation? I'm desperate and have bills piling up.

YES, definitely appeal! You have what sounds like a good case for "good cause." EDD typically considers childcare emergencies as potentially valid reasons for missing work, especially if you tried to make arrangements and communicated with your employer. File your appeal within 30 days of the date on your disqualification notice. The form is called "Appeal Form (DE 1000M)." Make sure you clearly explain that your absence wasn't voluntary - you had a childcare emergency beyond your control. Include any documentation you have about: - Your sister moving suddenly - Daycare quotes showing the costs - Any texts/emails with your employer explaining the situation - Court documents about the child support situation During the appeal hearing, focus on how you did everything possible to maintain your job but faced an impossible situation due to childcare breakdown and financial hardship.

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Dananyl Lear

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Thank you!! This gives me hope. The disqualification notice is dated April 10, so I still have time to appeal. I saved all the emails with my boss explaining the situation and I have screenshots of all the daycare waitlists I applied to. Do I need to have a lawyer for the appeal hearing?

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Ana Rusula

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I had a similar situation last year and WON my appeal. The key is to show that you had "good cause" for your absences and that you made reasonable efforts to preserve your job. Here's what worked for me: 1) Request your employment records through HR to see if they noted your explanations 2) Submit a detailed timeline of events showing how suddenly your childcare fell through 3) Emphasize any attempts you made to find alternative arrangements 4) During the hearing, be very specific about costs ($1800/mo is clearly prohibitive on most salaries) Most EDD judges are understanding of legitimate childcare emergencies, especially with the current daycare shortage in California. Stay calm during the hearing and stick to the facts about why you had no reasonable alternative.

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Dananyl Lear

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That's really encouraging! Did you do the hearing by phone or in person? I'll definitely request my employment records - I hadn't thought of that. My employer actually acknowledged in an email that they knew I was struggling to find affordable care, but still said "policy is policy" when they fired me.

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Fidel Carson

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my sister got denied 2 and she got approved after appeal they alwys deny people the first time its like there system I swear they hope u just give up and not appeal

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When I had problems with EDD and needed to talk to someone, I used a service called Claimyr (claimyr.com) and it actually worked to get me connected to an EDD rep. You know how impossible it is to get through on those phone lines normally - I spent DAYS trying. Claimyr bypassed all that waiting and had an EDD agent call ME. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km In your case, might be worth connecting with an actual person at EDD before your appeal to understand exactly what you need to submit. The rep I spoke with explained things that weren't clear from the website.

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Xan Dae

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Sounds like a scam tbh. Why would you need a service to call EDD? Just keep calling them yourself.

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Not a scam - it's just a call service that keeps dialing for you until they get through. When I needed help with my claim, I called EDD 37 times in one day and kept getting the "we're experiencing high call volume" message. Frustrating waste of time. With Claimyr I got a call back from EDD within 2 hours.

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THEY ALWAYS DO THIS!!! The EDD automatically denies ppl for any separation that isn't a straight layoff. The appeal process is DESIGNED to weed out people who don't have the time/energy to fight back. I've been thru 3 appeals over the years (won them all) and it's INFURIATING how they treat people. The "voluntary quit" rules are so messed up. They don't recognize that childcare emergencies ARE REAL EMERGENCIES. Like what were you supposed to do?? Leave your CHILD ALONE?? The system is broken and biased against parents!!! And btw the judges are hit or miss. Some are reasonable humans who understand life happens. Others act like robots who've never faced a real problem. DOCUMENT EVERYTHING and be ready to fight!!!

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Dananyl Lear

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I'm definitely worried about the judge situation. I've heard some people get denied even with good documentation if they get a strict judge. Is there any way to know in advance who will hear your case?

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No way to know in advance. It's a total lottery. BUT you can reschedule ONCE if you google the judge and find bad reviews. Just say you have a "prior commitment" that day. Might give you a better chance with a different judge.

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Thais Soares

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this happened to my cousin too. she missed work bcuz her babysitter quit and she got fired. she first got denied but then she went to the appeal hearing and told them that she had no childcare options and was a single mom. they approved her benefits after that. just be honest about your situation and bring any proof you have about the daycare costs and your ex not paying child support.

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One important thing regarding appeals - you should continue to certify for benefits while your appeal is pending! Many people don't realize this. Even though you're currently disqualified, if you win your appeal, EDD will only pay you for weeks you properly certified for. Go to your UI Online account and keep certifying every two weeks. Answer truthfully but don't add any unnecessary comments in the text fields. If you win your appeal, you'll get backpay for all those weeks. If you lose, you simply won't get paid, but you haven't lost anything by continuing to certify.

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Dananyl Lear

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Oh! I didn't know this. I actually haven't certified since I got the disqualification letter. I'll log in right now and do that. Thanks for the tip!

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Fidel Carson

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i know someone how works at edd and they said they have to deny u for missing work even if u had good reason but then the appeal people can approve u if u had no choice

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Ana Rusula

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For your appeal hearing, prepare a one-page outline of your main points. The judges appreciate concise, organized presentations. Make sure to specifically address: 1. The sudden nature of your childcare loss (your sister moving) 2. The prohibitive cost of alternative care ($1800+/month) 3. Your attempts to work with your employer to find a solution 4. The fact that your absence wasn't misconduct but a legitimate family emergency Make copies of all your evidence for the judge. Speak clearly and don't interrupt. Appeals usually take about 30-45 minutes, and you'll likely get a decision by mail within 2-3 weeks after the hearing.

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Dananyl Lear

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This is really helpful advice. I'll definitely prepare an outline. I tend to get emotional when talking about my situation, so having talking points written down will help me stay focused.

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Xan Dae

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i got dinied benefets becase i got fired for being late but it was only like 5 times in 2 months. the intrvewer didnt even care about my car problemz. idk if appeels even work lol

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Appeals absolutely do work - in fact, a significant percentage of initial denials get overturned on appeal. Your situation is different from the OP though. For tardiness, you'd need to show the late arrivals were for good cause and beyond your control. For the OP's childcare situation, there's established precedent that sudden loss of childcare can constitute good cause.

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