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