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.