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!