EDD eligibility after termination "with cause" that might be wrongful - can I still get UI benefits?

YES - apply immediately! "With cause" doesn't automatically disqualify you from unemployment. EDD makes their own determination about misconduct, they don't just take the employer's word for it. What matters is if your actions constituted "misconduct" under UI law, which has a specific legal definition. Standing up for a coworker being harassed is NOT misconduct. When you file, clearly explain what happened in the facts section. Be honest but concise. Your employer will likely contest it, and you'll probably need to do a phone interview with EDD to explain your side. Document everything - save any emails/texts about the incident, write down dates/times/witnesses while it's fresh in your memory. This will help during the eligibility interview.

The previous advice is correct. Apply right away. Under California unemployment law, the burden of proof is on the employer to prove misconduct. The legal standard for misconduct is pretty specific - it needs to show a willful disregard for the employer's interests. Standing up for someone being harassed wouldn't typically meet this standard. Your employer may contest it (most do), but EDD will schedule an eligibility interview where both sides share their version. Be factual, not emotional, during this interview. Emphasize that you were standing up against harassment, which is protected activity. Make sure to certify for benefits while your case is being decided, even if you're initially denied. If you win on appeal, you'll get backpay for those weeks.

FILE RIGHT NOW!!!!! These companies always try to scare people by saying "with cause" so you won't even try to get benefits. Its total BS!!!! The EDD doesnt care what the company puts on paper, they investigate themselves. I had a similar situation where i got termed "with cause" for "attendance issues" even tho all my absenses were approved medical. My boss tried to block my claim but EDD approved me anyway after my phone interview!!! Don't let them bully you out of whats rightfully yours!!!!!

I went through something similar last year. Officially fired "with cause" but it was completely unfair. Here's what I learned: 1. Apply immediately - don't wait 2. When you file, be SUPER careful about how you describe what happened. Stick to facts, avoid emotional language. 3. Expect your claim to initially show "pending" for weeks 4. You'll get a notice about an eligibility phone interview 5. The interviews are currently scheduled 3-4 weeks out due to backlog The most frustrating part was trying to get through to EDD when my interview date came and went without anyone calling me. I spent days redialing only to get the "too many callers" message. I finally used a service called Claimyr (claimyr.com) that got me through to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The rep was able to reschedule my interview and I got approved after that.

I actually got approved after the phone interview. The key was being prepared with specific examples showing I wasn't fired for true misconduct. But about 30% of people I know had to appeal their initial determination.

You should DEF apply asap but also maybe consider talking to a employment lawyer?? If you were fired for standing up against harassment that could be wrongful termination and you could get your job back plus damages. Just a thought! My cousin went through something similar (different details but same idea of being fired for the wrong reason) and she got a settlement from her company.

Be very careful about how you word things in your application. If you say you were "insubordinate" at all, even when explaining your side, it can be used against you. EDD has specific terminology they look for when processing claims. For example, don't say "I argued with my supervisor" - instead say "I respectfully addressed concerns about workplace harassment I witnessed." Also, make sure to meet all work search requirements while your claim is pending. Document at least 3 job contacts per week with company names and contact info. EDD can audit this later.

I worked at edd for a bit as a contractor so ill tell u this: they have TONS of claims and the people reviewing them are overworked. If ur employer doesnt actually contest ur claim theres a good chance ull just get approved automatically even with the "with cause" thing. Its when they actually fight it that u need to worry. Either way just apply cuz u have nothing to lose!!

One more important thing: if you are initially denied benefits, you have only 30 days to appeal! The appeal process is actually quite straightforward - you fill out a form explaining why you disagree with the determination. Then you'll get an appeal hearing date (currently about 2-3 months out because of backlog). Many people win at the appeal stage, especially in cases like yours where the "misconduct" is questionable. The appeal judges (Administrative Law Judges) tend to be more thorough in reviewing all evidence than the initial claims processors.

Don't let them intimidate you - apply today! I had a very similar situation where I was terminated "for cause" after reporting safety violations to management. My employer tried the same scare tactics saying I wouldn't qualify for benefits. Here's what actually happened: EDD conducted their own investigation and determined that my actions didn't constitute misconduct under California law. Reporting violations or standing up against harassment is often considered protected activity, not insubordination. A few practical tips for your application: - Be factual and specific about the harassment you witnessed - Emphasize that you were protecting a coworker from discriminatory treatment - Don't use words like "argued" or "confronted" - say you "addressed" or "intervened" - Keep copies of everything you submit Your employer will likely contest it, but that's normal. During the phone interview, stay calm and stick to the facts. EDD sees these retaliation cases frequently and they know the difference between actual misconduct and wrongful termination disguised as "for cause." You've got a strong case based on what you've described. Don't let fear of denial stop you from getting the benefits you've earned!

I'm so glad you found the advice helpful! Yes, my employer did contest it and it took about 6 weeks total from application to final decision. The phone interview was scheduled about 3 weeks after I filed, and then it took another 2-3 weeks for EDD to make their determination after hearing both sides. The key thing that helped my case was that I had documented the safety violations I reported (dates, witnesses, emails). In your situation, if you remember any details about the harassment incident you witnessed - like the specific date, what was said, if anyone else saw/heard it - write all that down now while it's fresh. That documentation really strengthened my case during the interview. Also, don't get discouraged if your claim status shows "pending" for weeks - that's totally normal when there's an employer contest. Just keep certifying for benefits each week even while it's under review. If you win (which I think you have a good chance of based on your situation), you'll get backpay for all those weeks. The whole process is stressful but it's absolutely worth pursuing. You were doing the right thing by protecting your coworker, and EDD recognizes that distinction. Good luck with your application!

I'm new to this community but wanted to jump in and say you absolutely should apply for unemployment benefits! I went through a similar wrongful termination situation last year and here's what I learned: California has strong protections for employees who report harassment or discrimination. What you did - intervening to protect a coworker from verbal harassment - is exactly the kind of behavior that's legally protected. Your employer calling it "insubordination" doesn't change the fact that you were standing up against workplace harassment. When you file your claim, focus on these key points: - You witnessed discriminatory harassment (mocking someone's accent) - You intervened to protect a coworker from this harassment - You had no prior disciplinary record - The termination appears retaliatory The term "with cause" on your paperwork is just your employer's characterization - EDD will make their own independent determination based on the actual facts. They're trained to spot retaliation cases disguised as "for cause" terminations. Don't let your former manager's intimidation tactics work. File today and keep certifying for benefits even if your claim is initially contested. You've earned those benefits through your work history, and protecting a coworker from harassment is not misconduct under California law. You've got this!

Just wanted to add my voice to everyone encouraging you to apply! I'm a newer member here but went through unemployment after being terminated for "performance issues" that were really just retaliation for filing a workers' comp claim. The advice about documenting everything is spot on. I kept a detailed timeline of events and it made all the difference during my phone interview. Since you mentioned having witnesses to the harassment incident, try to get their contact info if possible - EDD sometimes reaches out to witnesses during their investigation. One thing I wish someone had told me: don't panic if your online account shows confusing status updates or if the process takes longer than expected. The EDD system can be glitchy and timelines vary a lot. Just keep certifying every two weeks and stay on top of any correspondence they send you. Your situation sounds much stronger than mine was, and I still got approved after the contest. Standing up against workplace harassment is definitely not misconduct - it's basic human decency. You did the right thing and you deserve these benefits while you find new employment. Good luck with your application!

Just chiming in as someone who works in HR - what you experienced sounds like textbook retaliation, not legitimate insubordination. Most companies know that terminating someone for intervening in harassment situations opens them up to serious legal liability, but some still try it hoping the employee won't fight back. A few things to keep in mind for your application: - California Labor Code Section 1102.5 specifically protects employees who report violations of law (harassment based on accent/national origin is illegal) - Your lack of any prior disciplinary actions actually strengthens your case significantly - The timing (terminated the day after intervening) makes the retaliation pretty obvious When you describe the incident in your application, emphasize that you witnessed discriminatory harassment and took appropriate action to address it. Don't downplay what you did - you protected a vulnerable coworker from illegal treatment. Your manager's threat about not qualifying for benefits is just an intimidation tactic. Apply immediately and don't let them scare you out of benefits you've rightfully earned. The worst case scenario is you get initially denied and have to appeal, but even then you have a strong case. You've got this!