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Nina Fitzgerald

EDD disqualified me for 'misconduct' after uniform issue - can I still get benefits?

I'm completely stressed about my EDD situation and hoping someone can help. I was terminated from my warehouse job last month after what I think was a massive overreaction by management. I showed up to work and realized I'd forgotten my safety vest in my other car. When my supervisor noticed, he also pointed out a small coffee stain on my shirt. I tried cleaning it in the bathroom, but when I came back, he sent me home for the day. A week later, HR called me in and fired me, classifying it as 'misconduct' rather than a uniform policy violation. During my EDD phone interview yesterday, I got really nervous when the interviewer asked about previous warnings - honestly, I couldn't remember if I'd had any write-ups related to uniform issues before, so I kept saying 'I don't remember' to several questions. The interviewer seemed frustrated with my answers. Has anyone been in a similar situation? If my former employer doesn't contest my claim, do I still have a chance at benefits, or did my interview responses ruin everything?

Jason Brewer

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Based on what you've described, this situation could go either way with EDD. The key issue is whether your actions constitute 'misconduct' as defined by EDD, which usually requires willful disregard for the employer's interests. A one-time uniform violation typically wouldn't rise to that level, but your responses during the eligibility interview are concerning. When you repeatedly said 'I don't remember,' it might have appeared evasive rather than honest.

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That's what I was afraid of...I genuinely couldn't remember specifics under pressure. Is there any way to clarify my answers now, or is it too late?

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omg the SAME THING happened to my cousin last year! he forgot his uniform shirt and they fired him for misconduct too! EDD denied him at first but he appealed and won. dont give up!!!

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That's encouraging to hear! Did he have to attend an appeal hearing? What kind of evidence did he need to provide?

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ya he had a phone hearing. he just explained his side and the judge decided it wasnt serious enough to be misconduct. took like 6 weeks tho

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Liam Cortez

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EDD defines misconduct very specifically. For a uniform violation to be considered misconduct, it would typically need to be deliberate AND serious AND repeated after warnings. From what you've described, this sounds more like a simple mistake rather than intentional misconduct. The problem is that saying 'I don't remember' to questions about previous warnings makes it harder for EDD to determine if there was a pattern. My advice: request an appeal immediately if you get disqualified. During the appeal, stick to facts you're certain about and be honest about what you don't recall, but explain why (nervousness, etc.). Bring any documentation showing you were a good employee otherwise.

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Thank you for the detailed explanation. I guess I'll wait for their decision and then appeal if needed. I did have good performance reviews before this incident, so I'll definitely gather those.

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Savannah Vin

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I got denied benefits for 'misconduct' too and EDD NEVER EVEN CALLED ME FOR AN INTERVIEW!!! Been trying to call them for WEEKS but can't get through!!! System is BROKEN!!!

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Mason Stone

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I was in the same boat last month trying to reach EDD about my interview. After days of failed attempts, I finally used Claimyr (claimyr.com) and got through to an agent in about 25 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The agent was able to reschedule my interview and explain exactly what documentation I needed to prepare. Saved me weeks of stress and uncertainty.

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Savannah Vin

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never heard of that before. does it actually work?? im desperate at this point

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Mason Stone

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Yeah, it definitely worked for me. The service basically calls EDD repeatedly until they get through, then connects you. I was skeptical too, but when I finally spoke with an EDD rep, they helped clear up my misconduct issue by scheduling a proper interview.

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Responding to unemployment interviews with 'I don't remember' is super common when people get nervous! What matters more is whether your employer can prove their claim of misconduct. Did they have a clear uniform policy that you signed? Were there documented previous warnings? If not, you have a decent case. Ask for an appeal if denied - I've seen lighter cases than yours get approved after appeal.

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There was a uniform policy in the handbook, but I'm pretty sure I've never been formally written up for uniform issues before. I just couldn't recall under pressure if there had been verbal warnings.

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I dunno what everyone else is talking about. If u got fired for breaking rules n then told edd u cant remember stuff, ur prolly not gettin benefits. thats just how it works. i got denied when i did sumthing similar.

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That's not entirely accurate. EDD evaluates each case individually and misconduct has a specific legal definition for unemployment purposes. A single uniform violation without prior warnings wouldn't typically rise to misconduct level. The 'I don't remember' responses complicate things but aren't automatically disqualifying.

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Liam Cortez

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Regardless of whether your employer contests the claim, EDD will make their own determination about misconduct. A key factor will be proportionality - was termination a reasonable response to the uniform issue? If you're denied, you absolutely should appeal. The administrative law judge may view a single incident with no clear pattern of previous warnings differently than the initial EDD interviewer did. In my experience, many initial misconduct disqualifications are overturned on appeal when the incident was minor or isolated.

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Thanks for this insight. I think termination was definitely an overreaction for a first-time uniform issue. If I'm denied, I'll definitely appeal and make this point.

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btw i forgot to mention my cousin was sooooo worried about his benefits he couldnt sleep for weeks! but it all worked out in the end. EDD system is confusing but hang in there!

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That's exactly where I am right now - losing sleep and constantly worried. Thanks for the encouragement!

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Zara Khan

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I went through something similar about 8 months ago - got fired for what they called "misconduct" but was really just a minor policy violation. The most important thing I learned is that EDD's definition of misconduct is much stricter than what employers claim. They need to prove it was willful, substantial, and connected to your work duties. A forgotten safety vest and coffee stain sounds like an honest mistake, not deliberate misconduct. Don't beat yourself up about the "I don't remember" responses - interview nerves are totally normal and understandable. Even if you get initially denied, the appeal process gives you a fresh chance to present your case clearly. I'd recommend writing down a timeline of events now while it's fresh in your memory, including any positive feedback or performance reviews you received. That documentation could be really valuable if you need to appeal.

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Yara Khoury

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This is really helpful advice, thank you! I never thought about writing down a timeline while everything is still fresh. You're right that it was just an honest mistake - I've never intentionally violated company policies. Did you have to provide character references or employment history during your appeal process? I'm trying to figure out what other documentation might help my case.

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