EDD misconduct determination after being fired - what qualifies me for benefits?

Good news - what EDD considers "misconduct" is much narrower than what employers typically claim. For EDD purposes, misconduct generally requires a deliberate or substantial disregard of employer interests. A single incident without prior warnings usually doesn't qualify as misconduct, especially if there was just a misunderstanding about where you were and what you were doing. When you apply, be factual and straightforward about what happened. Explain that you were actually working (helping another department) and that there was a communication issue about proper notification procedures. Avoid emotional language or directly accusing your employer of being unfair. If your employer contests your claim (they likely will), EDD will schedule a phone interview to hear both sides. Be prepared to explain clearly what happened and emphasize your good work history prior to this incident.

APPLY IMMEDIATELY!!! Don't waste time worrying if they'll approve you. The EDD system is designed to reject people and make them give up. I was fired last year for something similar (supposedly took too long on lunch but my manager changed my schedule without telling me), and I still got benefits after appeal. Your case sounds way better than mine! Just be ready for them to deny you first and then you have to appeal, that's how they operate.

For EDD purposes, misconduct is defined as a substantial and willful disregard of your employer's interests. The key factors are: 1. You knew about the policy you violated 2. The violation was deliberate, not accidental 3. The violation caused (or could have caused) harm to the employer 4. You had prior warnings about similar behavior From what you described, this sounds like at most a misunderstanding or minor error in judgment, not misconduct. A single incident without prior warnings generally won't disqualify you, especially if you can show you were actually working (just in a different area). Absolutely apply for benefits, and when you explain the situation, stick to facts without being defensive. During your eligibility interview, calmly explain that you were helping another department and your only error was not properly notifying your supervisor - this isn't the kind of deliberate policy violation that rises to EDD's definition of misconduct.

my frend got fired bcuz they sed he stole but he didnt and he stil got unemplyment so u should b fine if u were just on break 2 long

I went through something similar last year! Applied for benefits after being fired for "insubordination" (I questioned a new policy that contradicted our training). EDD denied me initially because my employer contested it. I spent WEEKS trying to reach someone at EDD to explain my side. Called literally 30+ times, always got the "we're experiencing high call volume" message. Finally found Claimyr (claimyr.com) which got me through to an EDD rep in about 20 minutes. The rep scheduled my eligibility interview where I explained everything, and my benefits were approved after that! There's a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Definitely apply, but be prepared for the frustration of trying to reach someone if your claim gets held up.

For my interview, they asked pretty specific questions - when the incident happened, what policy I violated, if I'd been warned before, why I did what I did, etc. Be prepared with dates, names of supervisors involved, and a clear timeline. They're trying to determine if your actions were deliberate misconduct or just a mistake/misunderstanding.

I want to add something important: when you file your claim, you'll be asked about the reason for separation. Select "discharged/fired" NOT "misconduct." The misconduct determination is made by EDD, not by you or your employer. Many people get confused by this question and inadvertently disqualify themselves. Also, start your claim as soon as possible. Benefits are not retroactive to when you were terminated, but to when you file your claim. Every week you delay is money lost that you won't get back.

Based on my experience as an HR professional, what you've described doesn't meet the legal standard for misconduct under unemployment insurance law. Misconduct typically requires willful and repeated violations after clear warnings, or a single extremely serious violation (like theft or violence). Here's the process you'll likely experience: 1. You'll file your claim online 2. Your employer will be notified and given a chance to contest 3. If contested, you'll receive a notice for a phone interview 4. During the interview, focus on factual information (dates, what happened, your understanding) 5. If denied, you can appeal within 30 days The most important things are to file promptly, respond to all EDD communications quickly, and keep detailed records of all interactions with both EDD and your former employer.

Thank you everyone for the helpful information! I just submitted my unemployment claim online. I made sure to clearly explain that I was actually working (helping in another department) and that my only error was failing to properly notify my supervisor about where I was. I also highlighted my clean work record over the 2.5 years I was employed there. I'm feeling much more confident about my chances now, though I'm prepared for the possibility of needing to do the phone interview if my employer contests the claim. I'll update this thread once I hear something back from EDD about my claim status. Fingers crossed!

Good for you for filing right away! That was smart. Just a heads up - if your employer does contest it (and they probably will since they fired you for "misconduct"), don't panic when you get that first denial letter. It's pretty standard for EDD to initially side with the employer until they hear your side of the story during the phone interview. When that interview happens, stick to the facts just like you did in your application. The key points in your favor are: 1) you were actually working, not slacking off, 2) it was a communication issue, not deliberate policy violation, 3) you have a clean 2.5 year record with no prior warnings or write-ups. Those factors strongly suggest this doesn't meet EDD's definition of misconduct. Keep us posted on how it goes - your case sounds very winnable!

Just wanted to add something that might help - make sure you keep detailed records of everything related to your termination. Save any emails, texts, or documents about the incident, your job duties, and especially anything showing you were supposed to help other departments. I had a similar situation where I was fired for "abandoning my post" but I was actually covering for someone who called in sick. Having the text messages from my supervisor asking me to cover that shift made all the difference in my appeal. EDD really values documentation that backs up your version of events. Also, if you have any coworkers who witnessed what actually happened that day, it might be worth asking if they'd be willing to provide a statement or be a witness if needed. Sometimes having a third party confirm your story can really strengthen your case. You're doing everything right by filing immediately and being honest about what happened. Your clean work record is definitely going to work in your favor!

I've been through the EDD process twice after being fired, and your situation sounds very favorable. The fact that you were actually performing work duties (helping another department) rather than taking an unauthorized break is huge. EDD distinguishes between genuine misconduct and simple miscommunication or procedural errors. A few additional tips based on my experience: - When you get the phone interview (if your employer contests), they'll likely ask if you knew about the policy requiring supervisor notification. Be honest that you knew the policy but explain this was an oversight during a busy workday, not deliberate defiance. - Emphasize that helping other departments was part of your regular duties and you've done it before without issue. - Your 2.5 years of clean employment history is your strongest asset - make sure to mention any positive performance reviews or commendations you received. The initial waiting period can be stressful, but stay patient. EDD typically takes 2-3 weeks to process claims, and if there's a contest, add another 2-4 weeks for the interview and decision. You're doing everything right by filing promptly and being truthful. Good luck!

I'm new to this whole unemployment process but wanted to share what I learned after researching this exact situation for a friend. California's EDD uses a much stricter definition of "misconduct" than most employers do when they fire someone. According to the EDD guidelines, misconduct has to be connected to work, involve a willful or wanton disregard of employer interests, and usually requires either repeated violations after warnings OR a single very serious offense. What you're describing - helping another department but not properly notifying your supervisor - sounds more like a procedural oversight than deliberate misconduct. The fact that you were actually working (just in the wrong location without proper notification) and have 2.5 years of clean history really works in your favor. Most cases I've read about where people get denied for misconduct involve things like theft, violence, repeated tardiness after warnings, or deliberately refusing to follow direct orders. Make sure when you file to stick to the facts and avoid emotional language about being treated unfairly. Focus on what actually happened - you were performing work duties in another department and failed to follow the notification procedure. That's very different from taking an unauthorized break or refusing to work. You should definitely apply right away since benefits aren't retroactive. Even if your employer contests it, you have a strong case for appeal. Good luck!

Just wanted to add a practical tip that helped me - when you're preparing for your potential phone interview, write down a simple timeline of what happened that day. Include specific times if you remember them (like "around 2:30 PM, supervisor from Department B asked for help with their backlog") and keep it factual. I've noticed from reading through these comments that EDD really focuses on whether your actions were deliberate versus accidental. In your case, you were still being productive and helping the company - you just didn't follow the communication protocol. That's a huge difference from someone who was actually slacking off or refusing to work. One more thing - if your employer tries to characterize this as "job abandonment" or something similar during their contest, don't let that intimidate you. You clearly didn't abandon your job; you were working in a different area. The documentation others mentioned about your history of helping other departments will be really valuable here. Your case honestly sounds like one of the stronger ones I've seen on this forum. The combination of actually working, clean employment record, and it being a first-time communication oversight rather than repeated defiance really works in your favor under EDD's misconduct standards.

Reading through all these responses has been incredibly helpful! As someone who just went through a similar EDD process, I wanted to add that your situation sounds very winnable. The key distinction that worked in my favor (and should work in yours) is that you were performing legitimate work duties, just in the wrong location without proper notification. When I had my phone interview, the EDD representative specifically asked whether I was "engaged in work-related activities" during the incident that led to my termination. Being able to say "yes, I was helping another department meet their production goals" made all the difference. The fact that you have a history of cross-departmental assistance and 2.5 years of clean employment really strengthens your case. One thing I'd add to all the great advice here - if you end up needing to appeal an initial denial, don't let the process intimidate you. The appeal hearing is your chance to tell your side of the story to an administrative law judge who understands the legal definition of misconduct. They're typically more thorough in their analysis than the initial reviewer. Your employer will need to prove that your actions constituted "substantial and willful disregard" of their interests, which is a high bar when you were actually working. A simple communication oversight about location doesn't meet that standard. Stay confident and stick to the facts - you've got this!

I wanted to chime in as someone who works in employment law - your situation is actually a textbook example of what EDD would NOT consider misconduct. The legal standard requires deliberate wrongdoing that substantially harms the employer's interests. What you've described is a procedural error during the course of performing legitimate work duties. A few key points that work strongly in your favor: 1. You were actively working and helping the company achieve its goals 2. You have a documented history of cross-departmental assistance 3. No prior disciplinary actions or warnings about this type of issue 4. The "violation" was failing to notify, not refusing to work or being insubordinate EDD regularly overturns employer misconduct claims in cases like yours. The fact that your employer fired you doesn't automatically mean EDD will find misconduct - they apply a much more rigorous legal standard. I've seen many cases where employers claim "policy violation = misconduct" but EDD correctly distinguishes between terminable offenses and actual legal misconduct. File your claim with confidence, be factual in your responses, and don't be discouraged if there's an initial contest. Your case has all the elements that typically result in benefit approval. The documentation you're gathering will serve you well if there's a phone interview.