EDD misconduct disqualification for 'falsifying files' when I was just following training - can I appeal?

omg that sucks! same thing happened to my cousin last yr. she won her appeal tho. EDD has to PROVE u did it on purpose not just mistakes.

This is actually a common issue with EDD claims. For misconduct disqualifications, the employer has the burden of proof to show you deliberately violated a known policy. Making honest mistakes, even several of them, typically doesn't rise to the level of misconduct for UI purposes. You should absolutely appeal this decision. When you get the Notice of Determination, you'll have 30 days to file your appeal. Make sure to clearly explain: 1. You were following the training you received 2. Any errors were unintentional mistakes 3. You had no warning or prior discipline for similar issues Bring any training materials, positive performance reviews, or communications showing you were trying to do your job correctly.

I went through EXACTLY this in June. My restaurant fired me for "falsifying inventory counts" when I was just estimating some items like they taught us to do during busy shifts!!! The EDD interviewer asked me very specific questions about my training and whether I knowingly broke any rules. BE VERY CLEAR that these were unintentional errors and not deliberate falsification. They approved my claim after the interview even though my employer fought it. Also, don't wait for EDD to call you for the eligibility interview - you'll be waiting forever. I used this service called Claimyr (claimyr.com) to get through to an EDD rep after waiting 3 weeks with no interview scheduled. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it to get someone on the phone who could move my claim forward.

I'm an employment counselor, and I want to clarify something important here: EDD distinguishes between misconduct and unsatisfactory performance. Making mistakes, even multiple ones, is typically classified as unsatisfactory performance, which does NOT disqualify you from benefits. Misconduct requires four elements: 1. A substantial breach of duty to the employer 2. That is willful or wanton in character 3. That is intentional 4. That shows a deliberate disregard for the employer's interests If your errors were genuine mistakes with no intent to falsify, this would not meet the legal definition of misconduct for UI purposes. During your eligibility interview, focus on explaining that you were following the training provided and that any errors were unintentional.

The whole EDD system is RIGGED against workers!!!!! I got fired for "insubordination" last year when I just questioned a dangerous policy. EDD rubber-stamped the denial without even investigating. Then I had to wait 4 MONTHS for an appeal hearing while my credit was destroyed. The ALJ overturned it in 5 minutes saying it wasn't misconduct at all. Meanwhile I almost got EVICTED waiting for these bureaucrats to do their jobs. The employers always get believed first and we have to FIGHT for what's rightfully ours.

I think you should forget UI and focus on finding a new job ASAP. My wife does medical office hiring and they're DESPERATE for people right now. Even with the "falsifying files" thing, you can explain it was just mistakes. Most places are so short-staffed they'll still interview you. UI takes forever even if you win.

One more important point: continue to certify for benefits every two weeks while your case is being resolved. If you win your appeal, you'll receive all back payments for weeks you properly certified for. If you don't certify, you won't receive those back payments even if you ultimately win your case. Also, make sure you're thoroughly documenting your work search activities. In cases where misconduct is alleged, EDD often scrutinizes work search efforts more carefully.

Has EDD scheduled your eligibility interview yet? That's where they'll determine if the misconduct disqualification applies. In my experience, if you haven't received an interview date within 10 days of filing, you should be proactive about contacting them. Most people just wait and end up in benefit limbo for weeks.

During your eligibility interview, be prepared for specific questions about your termination. The EDD interviewer will likely ask: - Did you receive proper training for the tasks? - Were you aware of the correct procedures? - Had you previously been warned about similar errors? - What was your understanding of the consequences for making these errors? The key factor will be establishing that any mistakes were not intentional or deliberate violations of company policy. If this truly was a case of occasional errors rather than deliberate falsification, you should prevail in your claim.