EDD denied benefits after termination for single policy violation - can I win appeal with clean 8-year record?
After 8 years with the same company, I was suddenly terminated last week for a single policy violation. I've never received ANY write-ups during my entire time there - not one negative performance review, no complaints, nothing. My record was completely clean until this one incident.\n\nThe policy I broke was about not properly documenting customer interactions in our system. I honestly didn't even know it was a fireable offense, and no one had EVER mentioned any issues with my documentation before. No warnings, no coaching, nothing - just straight to termination.\n\nI applied for unemployment and EDD denied my claim, saying I was discharged for misconduct. I'm completely shocked. How can one mistake after 8 years of exemplary service be considered misconduct?\n\nI'm planning to appeal, but I'm worried about my chances. Has anyone successfully appealed a similar situation? What kind of evidence should I gather to show this was just an isolated incident and not any pattern of behavior? I'm really struggling financially now and desperately need these benefits.
19 comments
Zainab Ali
Yes, definitely appeal this decision! EDD often initially denies claims when employers report policy violations, but the appeals process looks much more carefully at the circumstances. The key factor for misconduct is whether your actions showed a \
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Miguel Herrera
Thank you so much for this detailed response! I have all my performance reviews which were consistently positive. I'm not sure how to get a copy of the exact policy since I no longer have access to the company intranet. Would an employee handbook work? I still have the one they gave me years ago, though it might not be the most current version.
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Connor Murphy
i got fired for somethin similar and EDD denied me too first time around. but i won my appeal!! the judge was actually pretty cool and understood that ONE mistake doesnt mean misconduct. just be honest in ur hearing and dont get defensive even if ur old company tries to make u look bad
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Miguel Herrera
That's really encouraging to hear! Did you have an attorney for your appeal hearing or did you represent yourself? I'm wondering if I need to hire someone.
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Yara Nassar
The California Unemployment Insurance Appeals Board has very specific guidelines for what constitutes misconduct. Based on numerous precedent decisions, misconduct generally requires:\n\n1. A PATTERN of behavior (not a single incident)\n2. WILLFUL disregard of employer interests\n3. PRIOR warnings/discipline (which you didn't receive)\n4. SUBSTANTIAL harm to the employer\n\nI handled EDD appeals for 12 years. A single documentation error after 8 years of good service is EXACTLY the type of case that gets overturned on appeal. Make sure to emphasize that you were never trained on the importance of this specific documentation requirement and never warned that it was grounds for termination.\n\nThe burden of proof is on the employer to demonstrate misconduct. They'll need to show this was more than a good faith error or simple negligence.
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Miguel Herrera
This is incredibly helpful information! You've made me feel much more confident about my appeal. I'll definitely emphasize the lack of training and warnings. My boss actually told me during the termination meeting that they were
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StarGazer101
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS!!! I went through almost EXACTLY the same thing and EDD denied my first appeal too!!! Eight years at my company and they fired me over ONE billing code error that nobody ever trained me on properly. \n\nCompanies do this ON PURPOSE to avoid paying unemployment. They make up these \
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Zainab Ali
While the initial determination can be frustrating, I wouldn't say the system is completely rigged. Administrative Law Judges who handle appeals are generally quite fair in my experience. They follow precedent decisions and often overturn initial denials when the facts don't support misconduct. The key is getting to the appeal stage where a more thorough review happens.
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Keisha Jackson
u should check if company policy says first offense can = termination. my hr handbook had progressive discipline policy (verbal warning, written, final, then termination) so when they fired me for 1st mistake, i won appeal cuz they didn't follow their own rules lol
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Miguel Herrera
That's a really good point! I'll need to find the most updated version of our handbook. I'm pretty sure we had a progressive discipline policy too, but I need to check the exact wording.
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Paolo Romano
I had a similar experience trying to reach EDD about my appeal. Spent WEEKS trying to get through on their phone lines with no luck. Finally found Claimyr (claimyr.com) - it's a service that actually gets you connected to an EDD rep without the constant busy signals. They have a demo video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nI was skeptical at first but it actually worked! Got through to someone who explained exactly what documentation I needed for my appeal and how to submit it properly. Saved me from potentially losing my case due to missing paperwork.
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Amina Diop
is this actually legit? seems too good to be true with how impossible it is to get EDD on the phone
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Paolo Romano
Yes, it's legit. I was skeptical too, but it works by essentially automating the call process. They keep calling until they get through, then connect you. Saved me days of frustration. The EDD rep I spoke with helped me understand exactly what evidence they look for in documentation cases like this.
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Connor Murphy
btw make sure u still do ur bi-weekly certifications while waiting for appeal!!! i almost messed up my whole claim cuz i thought i shouldnt certify while appealing
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Miguel Herrera
Oh! I didn't know that! Thank you for the tip - I would have made that exact mistake. I'll make sure to keep certifying.
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Amina Diop
Wait I'm confused. My friend got fired for attendance and still got benefits. But you got fired for a paperwork thing and didn't get them? That makes no sense at all.
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Yara Nassar
It actually depends on the specific circumstances of each case. For attendance issues, if someone had legitimate reasons for absences (like illness) and followed call-out procedures, they can often qualify for benefits despite being terminated. \n\nFor policy violations, what matters is whether there was a pattern of willful disregard, prior warnings, and whether the employee knew their actions could lead to termination. The same type of violation can result in different UI eligibility outcomes depending on these factors.
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Zainab Ali
One more important tip: during your appeal hearing, focus on these specific points:\n\n1. Your overall work history (8 years of good service)\n2. The isolated nature of this incident (single occurrence)\n3. Lack of prior warnings about this specific issue\n4. Lack of training on the importance of this documentation requirement\n5. No substantial harm to employer (if that's accurate)\n\nAvoid arguing about whether the termination itself was fair - that's not what the hearing is about. The only question is whether your actions rose to the level of \
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Miguel Herrera
Thank you! I was definitely planning to argue that the firing was unfair, so I'm glad you pointed this out. I'll focus specifically on why this doesn't meet the legal definition of misconduct instead. I really appreciate everyone's help here!
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