EDD misconduct definition - husband terminated unfairly, will he be denied unemployment?

For EDD purposes, misconduct is much more serious than what you're describing. It typically means deliberately violating a reasonable employer policy, repeatedly disregarding warnings, or doing something clearly harmful to the business. Two tardies due to car trouble isn't going to meet that threshold - that's just regular termination, not misconduct. Have your husband apply for benefits right away. Make sure he's honest about the reason for termination. The EDD will contact the employer who might try to contest it by claiming misconduct, but based on what you've shared, your husband should still qualify. Be prepared that there might be a phone interview with an EDD representative to sort out the details.

ur husband should be fine i got fired for waaaaay worse (came back late from lunch 3x) and still got benefits. just make sure he dsnt lie about anything cuz that will 100% get him denied

Misconduct for EDD purposes requires four elements: 1. The action must be deliberate (not accidental) 2. There must be a substantial disregard for employer interests 3. The policy violated must be reasonable 4. There must be harm or potential harm to the employer Based on what you described, your husband's situation doesn't meet these criteria. Car breakdowns are outside his control, and two tardies don't show a pattern of disregard for employer interests. Have him apply immediately and be honest. If the employer contests it (which they might), he'll need to attend an eligibility interview. Make sure he can document that the car broke down - repair receipts, tow truck invoices, etc. would be helpful proof that the tardiness wasn't willful misconduct.

my brother had the EXACT same thing happen last year!!! his boss tried to say he had misconduct because he missed 2 days when his kid was sick. EDD still approved him but it took forever to get the money. like 6 weeks!!! so just be prepared it might take a while

If you're dealing with this situation, try using Claimyr to reach an EDD representative quickly. It helped me get through when I had a similar issue with my employer contesting my claim. Normally you'd spend hours calling and redialing, but Claimyr got me connected in about 25 minutes. Once I got through, the rep explained exactly what qualifies as misconduct and helped me address my employer's claims. You can see how it works at claimyr.com or watch the demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It was definitely worth it to get my case resolved instead of waiting weeks for a determination.

WAIT - did your husband have ANY previous warnings for attendance before these two tardies? That could be important. If he had prior disciplinary actions for attendance AND then had two more incidents, some employers might consider that the final straw in a pattern of behavior. The EDD looks at the whole employment history, not just the final incident. You should check if he had any written warnings in his file before this happened. This could affect whether EDD considers it misconduct.

Everyone here is WRONG. My cousin's husband got fired for being late ONCE and they denied his claim instantly! The EDD always sides with employers these days. They're just looking for reasons to deny people. He appealed and it took FIVE MONTHS to get approved. They don't care if you have bills to pay!

Based on your follow-up comments, I think your husband has a strong case. Here's what he should do: 1. Apply for UI benefits immediately 2. Answer all questions truthfully 3. If asked about the reason for separation, he can choose "discharged/fired" and briefly explain it was due to two instances of tardiness caused by car problems 4. Keep the mechanic receipt ready as evidence 5. Be prepared for an eligibility interview (these are typically scheduled 2-3 weeks after filing) 6. During the interview, stay calm and factual - explain the circumstances without being negative about the former employer A single verbal warning from 8 months ago about a different issue shouldn't establish a pattern of willful misconduct. The key is showing that the tardiness was beyond his reasonable control, which car trouble certainly is.

hey just wonderin did your husband get his final paycheck yet? dont forget they have to pay him for any unused vacation days too

I've been through a similar situation with my employer trying to claim misconduct when it was really just a normal termination. The key thing to remember is that EDD looks at whether your husband's actions were willful and deliberate violations of company policy. Car trouble causing tardiness is clearly beyond his control - that's not misconduct, that's just life happening. Make sure he applies right away and doesn't wait. The sooner he files, the sooner he can start receiving benefits if approved. Also, when he does the phone interview (if there is one), he should focus on the facts: car broke down, he was late twice because of it, and he got fired. Don't over-explain or get defensive - just stick to what happened. The EDD representative will be able to tell the difference between genuine misconduct and an employer trying to avoid paying into the unemployment system. Good luck to your family! It sounds like he has a solid case based on what you've shared.

I went through almost the exact same thing last year when I got terminated for attendance issues. My situation was actually worse - I had three tardies in two weeks due to childcare problems. The employer tried to claim misconduct, but EDD still approved my benefits after about 3 weeks. The most important thing is to be completely honest on the application. Don't try to downplay what happened or make excuses - just state the facts clearly. When they ask why you were terminated, something like "terminated for attendance - was late twice due to car breakdown" is perfect. If your husband does get an eligibility interview, he should have that mechanic receipt ready and maybe even a brief timeline of what happened each day. The EDD rep will ask specific questions about whether he notified his supervisor, if there were other transportation options, etc. As long as he can show he wasn't just being careless or irresponsible, he should be fine. One tip: make sure he continues to actively look for work and document his job search activities. Even if the claim gets approved, they can always audit his work search later. Keep records of applications, interviews, etc.

I'm new to dealing with EDD but wanted to share what I learned when my sister went through something similar. The employer will likely get a form asking if they want to contest the claim, and many employers automatically check "yes" even when they don't have a strong case. Don't let that scare you if it happens. What really helped my sister was keeping a simple timeline of events - dates of the car trouble, when he was late, what he told his supervisor, etc. Even if the mechanic receipt doesn't have the exact dates, having a clear sequence of what happened shows it wasn't a pattern of irresponsible behavior. Also, if you're worried about money while waiting for the decision, look into local food banks or assistance programs. Some utility companies also have programs for people who are temporarily unemployed. It's better to get help early than wait until you're really behind on bills.