EDD denied claim due to previous misconduct - can new work history override old disqualification?

The misconduct disqualification doesn't permanently ban him from receiving benefits, but it can affect his current claim depending on the base period being used. EDD looks at your earnings in a specific 12-month period to determine eligibility. If they're using the standard base period (the first 4 of the last 5 completed calendar quarters before you filed), some of those quarters might include the period when he was disqualified. You should definitely appeal this decision! Request a hearing and explain that he has sufficient earnings in his newer employment. Ask specifically that they recalculate using the alternate base period if necessary. Bring documentation showing his earnings from the most recent employer.

had the same prblm last year my bf got fired for somthing stupid in 2023 and when he applied in 2024 they denied him completely said he was inelgible. its bs because he worked like 8 months after that with no issues but edd dosent care. you gotta fight it thats what we did

Misconduct determinations don't permanently disqualify you. The issue is likely related to the base period EDD is using to calculate his benefits. When someone files a UI claim, EDD examines their earnings during a 12-month base period, divided into quarters. Standard Base Period: The first 4 of the last 5 completed calendar quarters before filing Alternate Base Period: The last 4 completed calendar quarters before filing If your husband filed in February 2025, his standard base period would include quarters from Oct 2023-Sept 2024. If the misconduct occurred in 2023, that could be affecting his eligibility based on when exactly it occurred. I recommend: 1. Request a detailed explanation of the denial in writing 2. File an appeal within 30 days of the notice date 3. Ask specifically about using the Alternate Base Period 4. Bring pay stubs and employment records to your appeal hearing You can also check if he has enough qualifying wages in his recent employment by reviewing the EDD notice that shows quarterly wages.

EDD is so frustrating!! They denied my claim for a similar reason last year and it took FOREVER to get through to anyone who could actually help. I ended up calling literally hundreds of times and either got disconnected or told the queue was full. After weeks of this I finally found Claimyr (claimyr.com) - they got me through to an EDD agent in less than an hour! They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I got through, I was able to explain my situation to a tier 2 specialist who helped me understand my options and how to properly appeal. Sometimes just talking to the right person makes all the difference rather than trying to figure it out from their vague denial letters.

The EDD system is DELIBERATELY designed to reject claims and make it difficult to appeal!!! I went through this exact nightmare scenario in 2024. Was let go from one job where they falsely claimed misconduct, then worked somewhere else for 6 months, got laid off and EDD STILL tried to deny my claim based on the previous employer's statement. Here's what I learned the HARD WAY: 1. The system automatically believes employers over workers 2. They DON'T properly explain base periods in denial letters 3. They HOPE you'll just give up rather than appeal 4. The appeal judges are ACTUALLY fair, unlike the initial claim processors FILE AN APPEAL IMMEDIATELY!!! Don't wait the full 30 days. And gather EVERY piece of documentation about both jobs. When I finally got my hearing, the judge completely sided with me and I got ALL my back benefits. They're counting on you getting discouraged and not fighting back!!!

my sister just went through something similar! it turns out its all about the "quarters" they look at. if your husband worked enough in the most recent quarters they shouldnt be using the old job's misconduct against him. you gotta specifically ask for them to use the "alternate base period" when you appeal. make sure he keeps looking for work and documenting all his job search efforts while you wait for the appeal too.

Update: I want to thank everyone for their advice! I filed an appeal yesterday specifically requesting they review his claim using the alternate base period. I also detailed all his recent work history and included copies of his pay stubs from the most recent job. Still haven't been able to speak with anyone at EDD directly, but at least the appeal is submitted. I'll update once we hear anything about a hearing date.

good luck!!! the system is so broken my claim was pending for 3 months and i couldnt even get anyone on the phone. hope your appeal goes fast

I'm dealing with a similar situation right now! My husband was denied benefits after being laid off because of an old misconduct issue from 2022, even though he's worked steadily since then. What I've learned from talking to other people in our situation is that the key is really understanding how they calculate those base periods. One thing that helped us was requesting a "wage and benefit statement" from EDD that shows exactly which quarters they're using for the calculation. Sometimes seeing the actual numbers makes it clearer whether the alternate base period would help your case. Also, if your husband's recent employer is willing to provide a letter confirming he was laid off due to lack of work (not performance issues), that can be really helpful documentation for the appeal. The whole process is so confusing and stressful when you're already dealing with job loss. Hang in there and keep pushing through the appeal process - from what I've read here, it sounds like many people do eventually get their benefits once they get in front of a judge who can actually review the details properly.