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Fired after leaving out-of-town job site against supervisor's orders - Can I get EDD benefits?

Hey everyone, I'm in a tough spot and hoping someone can help me figure out if I have a chance at unemployment. I was working for the same construction company for almost 5 years until last week. We were at a job site about 3 hours from home, and Friday evening I got a call that my teenager was in some serious trouble and needed me immediately. I told my supervisor I needed to go back home to handle a family emergency, but he refused and said we had Saturday work scheduled (even though it wasn't on our original timeline). I explained it was really serious with my kid, but he still said no. I left anyway since we were done for Friday and technically off-clock. When I got back Monday, they fired me for "job abandonment" and "insubordination." I'm worried this counts as misconduct and will disqualify me from unemployment. Has anyone dealt with something similar? Does leaving a job site against orders automatically disqualify me from benefits? I have a perfect record otherwise and have never had any write-ups or warnings.

Hunter Edmunds

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they can't just deny u for that! u had a family emergency what were u supposed to do?? i'd definitely apply and see what happens. worst they can say is no

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Jade O'Malley

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Thanks, that's what I was thinking too. Just worried because my termination paperwork specifically says "insubordination" and I know that can sometimes be automatic disqualification. Hoping the family emergency part helps my case.

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Ella Lewis

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You should definitely apply, but be prepared for some challenges. EDD typically considers whether you had "good cause" for your actions. A genuine family emergency can qualify as good cause, especially when it involves your child's wellbeing. However, the employer will likely argue that you could have handled it differently. When you file, be very specific about: 1. The exact nature of the emergency (details matter) 2. Why you couldn't resolve it remotely 3. That you were off-clock when you left 4. Your otherwise perfect work record They'll likely schedule an eligibility interview where both you and your employer get to explain your sides. Document everything now while it's fresh in your memory, including any witnesses who knew about your situation.

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Jade O'Malley

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This is really helpful. I'll definitely document everything. Do you know if it's better to mention the specific problem with my teen or would that be too personal for the EDD interview? It was a mental health crisis situation if that makes a difference.

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Andrew Pinnock

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I went through something similar in 2023, but it was a medical emergency with my parent. EDD initially denied my claim when my employer said I abandoned the job, but I appealed and won. The key difference maker was documentation - I had text messages showing I tried to get coverage, medical documentation of the emergency, and proof that I'd never had attendance issues before. During your eligibility interview, focus on the fact that you were ALREADY OFF WORK for the day when you left. This isn't the same as walking off during a shift. Also emphasize that your child's safety was at risk - parental responsibilities for emergencies are viewed favorably by EDD judges. Even if you get initially denied (which happens all the time), APPEAL! Most construction workers in these situations win on appeal if there was a legitimate emergency.

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Brianna Schmidt

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this is exactly rite! my sister got fired from her nursing job for leaving when her kid broke his arm and they said she abandoned patients. EDD denied her at first but she won her appeal and got ALL her backpay!!!! the judge even scolded the hospital for being unreasonable. ALWAYS APPEAL!!!

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Alexis Renard

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i dont think u can get unemployment for that tbh. my cousin got fired for something similar and they denied him because he technically violated a direct order. EDD is super strict about insubordination. maybe try food stamps instead?

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Andrew Pinnock

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This isn't accurate. EDD evaluates each case individually. "Misconduct" in unemployment terms isn't the same as breaking a workplace rule - it requires a deliberate disregard for the employer's interests. A one-time emergency response, especially involving a child, is often found NOT to be misconduct even if it violated a policy. The key is whether the employee's action was reasonable under the circumstances, not whether they followed orders.

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Camila Jordan

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After reading your situation, I think you have a reasonable chance at benefits, but EXPECT YOUR CLAIM TO BE CONTESTED by your employer. Construction companies often fight unemployment claims aggressively. I went through HELL trying to reach EDD when my claim was contested last year. Spent WEEKS calling hundreds of times daily just to talk to someone. Couldn't get through for 3 weeks straight while my bills piled up!!! Finally tried Claimyr (claimyr.com) and got through to an EDD rep the SAME DAY. Totally worth it to actually get someone on the phone who could explain what was happening with my claim and get my eligibility interview scheduled. They have a video demo here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km My advice: Apply immediately, prepare for your employer to contest it claiming misconduct, then be ready to fight for your benefits. Document EVERYTHING about the family emergency.

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Jade O'Malley

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Thanks for the advice and the resource. I'm definitely expecting them to fight it since my boss was pretty angry. I'll check out that service if I start having trouble reaching EDD. Did you eventually win your case after the interview?

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Camila Jordan

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Yes, I did win my case! The key was getting that eligibility interview scheduled quickly. Once I actually got to talk to someone and explain my situation (and had my documentation ready), they approved my claim. The waiting and not knowing was the worst part.

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Tyler Lefleur

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When I got fired from Amazon warehouse for something similar (family emergency), my initial claim was denied but my appeal was successful. Make sure when you certify you don't accidentally say you refused work or quit - that's an automatic denial. Put that you were terminated and explain your side clearly.

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Jade O'Malley

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That's a good point about the certification answers. I'll be careful about how I answer those questions. How long did your appeal process take from denial to getting benefits?

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Tyler Lefleur

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It took about 7 weeks total from denial to getting a hearing date, then another 2 weeks to get a decision. But they paid retroactively to the beginning once I won. Just make sure you keep certifying every 2 weeks even during the appeal!

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Hunter Edmunds

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my brothers gf works for edd and she says they r really backed up right now so expect to wait FOREVER for interviews.. apply now so u can get in line

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Ella Lewis

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One more important point: When you explain your case to EDD, be very careful about how you frame what happened. Don't say "I disobeyed my supervisor" or "I knowingly violated policy." Instead, present it as "I had to respond to a family emergency involving my child's safety after work hours." Framing matters tremendously in these cases. Also, California has specific protections for parents dealing with emergencies related to their children. If your employer has more than 25 employees, you might have been protected under California's Family Rights Act, which could strengthen your unemployment case by showing the termination itself may have been improper.

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Jade O'Malley

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I didn't know about the Family Rights Act! My company definitely has more than 25 employees. I'll look into that right away - that could really help my case. Thank you so much for this information.

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Tyler Lefleur

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Just FYI the Family Rights Act only applies if you've worked there for at least a year AND worked at least 1,250 hours in the past 12 months. So make sure you meet those requirements before you mention it to EDD.

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