EDD denial for tardiness - can I still qualify if I was late due to car problems?
I'm in a tough situation and really need advice from someone who knows EDD rules! My employer just terminated me because I was "consistently late" to my shifts. The truth is I was only late 4-5 times over three months, never more than 10-15 minutes, and ALWAYS because my car's transmission is failing. I documented each time with texts to my supervisor explaining the situation. My final check was $1,520 but that won't last long.\n\nWhen I applied for unemployment, the EDD agent I spoke with seemed doubtful about my eligibility since tardiness could be considered misconduct. But this wasn't my fault! I was saving up for car repairs but couldn't afford them yet on my $24/hr wage with rent being $2,100/month.\n\nCan I appeal if they deny me? Has anyone successfully claimed benefits after being fired for tardiness when you had legitimate car problems? I'm worried sick about paying bills next month if I don't qualify.
21 comments


Dylan Cooper
This is actually a common misconception. Being fired for tardiness does NOT automatically disqualify you from benefits. The key factor EDD considers is whether your actions constitute \
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Fatima Al-Suwaidi
Yes! I texted my supervisor EVERY single time with pictures of my car issues. I also tried to carpool with a coworker when possible but our schedules only aligned twice a week. I have two repair estimates from different shops ($1,900 and $2,250) that I couldn't afford on my wages. This makes me feel more hopeful - thank you!
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Sofia Morales
ur definitely getting denied the 1st time no matter what, EDD always denys everyone first then u gotta appeal. my brother got fired for the EXACT same thing last year (late cuz of car) and had to wait like 6 weeks to get his money. just be ready to fight for it
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StarSailor
This is NOT accurate information. EDD does not have a policy of denying everyone first time. I work with unemployment cases regularly, and while denials are common, they're based on specific disqualifying factors, not a universal
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Dmitry Ivanov
You need to make sure you clearly explain during your eligibility interview that these were mechanical failures beyond your control, not just oversleeping or poor planning. The key legal distinction is whether your tardiness was a \
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Ava Garcia
Wait seriously? I got denied for something similar and didn't bother appealing!!! I just assumed it was final. Ugh wish I'd known this 3 months ago 😫😫😫
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Miguel Silva
I went through a similar situation in 2024 when my employer fired me for 'excessive tardiness' that was actually due to medical appointments. The key in your situation will be the ELIGIBILITY INTERVIEW. That's where the EDD determines if your termination was for misconduct.\n\nHere's what I learned from my experience:\n\n1. They'll schedule you for a phone interview - BE PREPARED. Have documents ready about your car issues.\n\n2. During the interview, clearly state that your tardiness was not willful but caused by factors beyond your control.\n\n3. If you're denied, you have 30 days to appeal, and MANY people win on appeal.\n\nThe problem is actually GETTING through to schedule that interview if needed. I spent days trying to reach an EDD rep. Finally tried a service called Claimyr (claimyr.com) that got me connected to an EDD agent in about 15 minutes when I'd been trying for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nIn your case, being able to speak directly with an agent to explain your situation could make all the difference between approval and denial.
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Fatima Al-Suwaidi
Thank you so much for the detailed advice! I haven't been scheduled for an eligibility interview yet - is that something that always happens or only in certain cases? I'll definitely check out that service if I have trouble getting through. Did your appeal process take a long time?
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Miguel Silva
Eligibility interviews are typically scheduled when there's a potential issue with your claim - like being fired rather than laid off. In my case, I waited about 3 weeks for the interview to be scheduled, then another 10 days for the determination. The appeal process took about 5-6 weeks from filing to hearing, but that was during a less busy period. The wait times vary throughout the year, so your mileage may vary.\n\nThe most important thing is to keep certifying for benefits every two weeks even while waiting for determinations. If you're eventually approved, you'll get backpay for all the certified weeks.
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Zainab Ismail
im confused why ur worried? i got fired for being late tons of times and still got EDD no problem. they never even questioned me about it lol. maybe my employer didnt report it as misconduct? idk the whole system seems random af
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Dylan Cooper
It's not random, but it is complicated. Your former employer may not have contested your claim or specified misconduct as the reason for separation. When employers don't provide details or contest claims, EDD often approves benefits by default. Each case is different based on what information the employer provides to EDD.
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Sofia Morales
MY HUSBEND GOT FIRED FOR THE SAME REASON!!!! he was late like 5 times becuz of traffic and they fired him! EDD gave him the run around for MONTHS and he never got a penny!!!! THEY DON'T CARE ABOUT YOUR REASONS THEY JUST WANT TO DENY YOU!!!!
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Dmitry Ivanov
Traffic issues are actually treated differently than mechanical failures by EDD. Regular traffic is generally considered foreseeable and within your control (you could leave earlier), whereas a sudden car breakdown usually isn't. The distinction matters legally. Did your husband appeal the decision? Did he have documentation of unusual traffic incidents rather than regular congestion?
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Connor O'Neill
Just a thought... have you considered if you might qualify for a wrongful termination case instead? California is pretty employee-friendly, and firing someone for being late due to legitimate car troubles (especially if you communicated about it) might be questionable. Maybe check r/legaladvice too?
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Fatima Al-Suwaidi
I hadn't even thought about that angle. I was employed \
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StarSailor
The key legal terminology you need to understand for your case is \
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Ava Garcia
i got fired for attendance too but in my case i was actually oversleeping lol. EDD denied me and said i committed misconduct. but you should be fine since yours was actual car problems! good luck!
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Ava Rodriguez
I had a very similar situation last year! Got fired for being late due to my car breaking down multiple times over 2 months. The difference between your case and some others mentioned here is that you have DOCUMENTATION - those texts to your supervisor are gold! Here's what worked for me: During my eligibility interview, I emphasized three key points: 1. The tardiness was due to circumstances beyond my control (mechanical failure) 2. I communicated proactively with my employer each time 3. I was actively trying to resolve the issue but couldn't afford repairs immediately EDD approved my claim after the interview. The interviewer specifically asked if I had proof of communication with my employer and proof of the car issues. Your repair estimates will be crucial evidence. One tip: If they do schedule an eligibility interview, don't just say "car problems" - be specific about the transmission failure and how it was unpredictable. They need to understand this wasn't you being irresponsible but dealing with an urgent mechanical issue while trying to keep working. You've got a strong case with your documentation. Stay positive and keep certifying while you wait for their decision!
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Nia Williams
•@Ava Rodriguez This is exactly what I needed to hear! Thank you for sharing your experience - it gives me so much hope. I m'definitely going to emphasize those same three points if I get an eligibility interview. I have all the texts saved and the repair estimates, plus I can show that I was proactive about trying to carpool when possible. It s'such a relief to know that someone in a similar situation actually got approved. I was starting to panic thinking I d'definitely be denied. How long did it take from when you applied to when you got your first payment?
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Kirsuktow DarkBlade
I work for a legal aid organization and see cases like yours regularly. You actually have a stronger case than many people realize! The key factors working in your favor: 1. **Documentation** - Those texts to your supervisor are crucial evidence 2. **Frequency** - 4-5 times over 3 months isn't "excessive" by most standards 3. **Legitimate cause** - Transmission failure is mechanical, not behavioral 4. **Good faith effort** - You communicated each time and tried alternatives like carpooling California EDD uses a "misconduct" standard, which requires deliberate or willful disregard of employer interests. Mechanical breakdowns don't typically meet this threshold, especially with your documentation. My advice: During any eligibility interview, emphasize that this was an ongoing mechanical issue you were actively trying to resolve within your financial means. Bring your repair estimates and screenshot those texts. Don't let them frame it as "chronic tardiness" - frame it as "dealing with an urgent vehicle emergency while maintaining employment." If denied initially, absolutely appeal. I've seen many similar cases win on appeal when the full story gets properly presented. Keep certifying throughout the process - you'll get backpay if approved. Your situation is actually quite defensible legally. Stay confident!
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Yuki Tanaka
•@Kirsuktow DarkBlade This is incredibly helpful legal perspective! As someone new to navigating EDD, I m'wondering - when you mention misconduct "standard, does" California have specific guidelines about what constitutes misconduct versus just poor performance? Also, if I do get an eligibility interview, should I mention that I was actively saving money for the repairs but my rent $2,100/month (made) it impossible to afford the $1,900-$2,250 repair costs immediately? I want to show I wasn t'being negligent about the car situation, but I m'not sure if discussing my financial constraints would help or hurt my case.
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