Fired for insubordination - can I still collect California EDD unemployment?

That's really reassuring to hear. My interview is scheduled for next week and I'm trying to figure out what to say. The unsafe conditions thing - should I have some kind of documentation for that?

Definitely gather anything you can - texts, emails, safety reports, witness names. Even a written statement from yourself documenting what you observed and when is better than nothing. The adjudicator is looking for your credibility so being specific and consistent matters a lot.

This is good info. I went through something similar and having a paper trail made all the difference in my adjudication.

Wait so even though my termination paperwork literally says insubordination they still might approve me?? That seems surprising.

Yes exactly. The label your employer puts on it doesn't control the outcome. EDD makes an independent determination based on the actual circumstances. Insubordination is just a label - what matters is what actually happened and whether your conduct rises to the legal definition of misconduct under UI law.

this is literally what happened to me last year. my boss wrote insubordination but EDD approved me anyway because i explained my side during the phone interview

I was in the exact same boat last month. Someone in another thread mentioned Claimyr - it's a service that gets you through to an actual California EDD agent without you having to sit on hold forever. I was skeptical but tried it and actually talked to someone within the same day. You can check it out at claimyr.com - they also have a video showing how it works at https://youtu.be/JmuwXR7HA10 if you want to see it before signing up.

Seriously?? I'm going to look into this right now. Five weeks with no information and bills piling up is not sustainable.

second this, getting through to EDD on your own right now is basically impossible. anything that helps you reach an actual human is worth trying

This is exactly what I needed to hear. Did you do anything to prepare for the interview or just explain what happened naturally?

honestly i just wrote out what happened beforehand so i wouldn't forget details when i was nervous. like a timeline of events. that helped me stay clear during the actual call

Writing out a timeline is really smart advice. The phone interview can catch you off guard if you're anxious and having notes helps you give consistent accurate answers which is exactly what the adjudicator is evaluating.

I hear you, the wait times are brutal. If your appeal is filed you should receive a notice from the California Unemployment Insurance Appeals Board (CUIAB) with a hearing date. That process is separate from EDD itself. Check your myCalifornia EDD inbox and also physical mail because they send notices by both methods.

I've checked both literally every day. Nothing. I'm about to just show up at my local EDD office in person at this point.

Going in person actually worked for my friend when she was in a similar situation. They can't ignore you when you're standing right there.

Not specifically because of the word insubordination itself - what triggers a longer adjudication is anytime there's a factual dispute between the employer and claimant. When both sides have to submit statements and possibly do interviews the process just takes longer. Straightforward layoffs can process in days. Anything contested can take 3-8 weeks or more.

Exactly right. The adjudication clock also depends on California EDD's current workload which fluctuates a lot. Right now wait times seem to be running on the longer end based on what people are reporting.

Ok that makes sense. So it's really about the disputed facts not the specific termination reason. Good to know.

Oh wow this is really helpful. I already submitted my questionnaire but I tried to be fairly detailed so hopefully that's okay. Did you have to request an appeal yourself or did EDD automatically give you the option?

You get a Notice of Determination in the mail or your EDD inbox and if you disagree you have 30 days to file an appeal. It's pretty clearly stated on the notice itself. Don't miss that 30-day window because it's a hard deadline.

The 30 day deadline is NO joke. My coworker missed it by 4 days and couldn't do anything about his denial. Don't let that happen to you.

You should continue certifying weekly even while appealing. If your appeal is successful you'll receive back payments for all the weeks you certified. If you stop certifying those weeks won't be paid even if you win. This is one of the most important things to know during an appeal - keep certifying no matter what.

thank you!! i had no idea i thought you had to wait until the appeal was resolved. definitely going to keep filing every week.

This is accurate and super important. The California EDD system doesn't automatically resume certification for past weeks - you have to have filed them contemporaneously to receive payment for them retroactively.

This is actually an important distinction that I should have been clearer about. You're right - a single incident of refusing an instruction in good faith is very different from a documented pattern of willful defiance. California EDD looks at whether the claimant's overall conduct showed disregard for the employer's reasonable authority. Multiple warnings for the same behavior does change the analysis significantly.

This is helpful context. My situation was truly a first-time thing and I have no disciplinary history before this incident so that sounds like a favorable factor for me.

Then you're in much better shape than I was. Hope it works out for you - the process is stressful but knowing the factors they consider helps you prepare.

I checked this out after seeing it mentioned earlier in the thread and signed up. Will report back but honestly at this point I'll try anything.

does it actually work or is it one of those things that sounds good and then nothing happens

In my experience it actually worked - I talked to a real EDD rep. I can't speak to everyone's experience but it solved the problem I had of never being able to get through to anyone.

This is reassuring. I think my instinct is to over-explain and get anxious on the phone. Having the written timeline I prepared should help me stay focused.

Yes exactly this. I was so nervous for my interview and kept thinking they were trying to catch me. But the adjudicator was actually pretty neutral and just let me explain what happened.

agreed - i treated it like a normal conversation and explained my side clearly and it went fine. treat it like an interview not an interrogation

Wait really? Even before your claim is approved you have to be doing job searches?

Yes - the job search requirement starts from your first week of eligibility not from your approval date. You need at least three employer contacts per week in California and you have to record them. If EDD audits your job search log you need to have the dates, employer names, contact method, and position applied for.

This is correct and really important to flag. A lot of people don't realize the job search requirement runs concurrent with adjudication. Missing those requirements can create a separate eligibility issue on top of the misconduct question.

Good clarification. I definitely had these mixed up in my head. So if I'm filing after being fired I need to be documenting job searches from the start.

exactly. three employer contacts minimum per week for regular UI in california. keep a log of every application, networking contact, or employer outreach you do.

Correct - and CalJOBS registration is also required. You need to register with the California Employment Development Department's CalJOBS system as part of your job search obligations. This is a separate step from filing your claim.

Yes employers do have appeal rights too. If EDD approves your claim the employer has 30 days to file an appeal just like claimants do. If they appeal you'd go to a hearing before the California Unemployment Insurance Appeals Board. This happens less often than claimants think but it does happen especially with larger companies that actively contest UI claims.

Wow I had no idea. So approval doesn't necessarily mean it's over.

This happened to me actually. I got approved then my former employer appealed. I went to the CUIAB hearing, represented myself, and still won because my documentation was solid. Don't panic if it happens but do take it seriously and prepare.

Refusing to commit fraud or falsify records is actually one of the strongest grounds for winning a misconduct appeal. There's California case law supporting that an employee's refusal to perform an illegal act cannot constitute disqualifying misconduct. You should seriously consider consulting with an employment attorney even just for a free consultation before your CUIAB hearing - this sounds like a winnable case.

That's incredibly helpful. I was worried being denied meant I was out of options but this gives me real hope. I'll look into employment attorney consultations.

Please do appeal this. What you're describing - refusing to falsify a document - is almost textbook protected activity. The denial was likely based on the employer's version without full context. The appeal hearing is your chance to present the real story.

So glad to hear this!! Sounds like you handled it really well. The specific details about your safety concern are exactly the right thing to emphasize.

Good luck!! Come back and update us. These success stories are genuinely helpful for people searching this topic who are going through the same thing.

This whole thread has been so helpful. Still waiting on my own situation but following Claimyr's connection to an EDD agent yesterday I finally found out my claim is actively being reviewed and should have a determination soon. Literally the first actual information I've gotten in 5 weeks.

The CUIAB hearing is an administrative proceeding, not a full courtroom trial. It's usually done by phone. An administrative law judge presides, both you and your former employer can present evidence and testimony, and you can bring witnesses. You don't need a lawyer but you can have one. The judge will ask questions and then issue a written decision. The whole call usually runs 45-60 minutes.

Ok that's less scary than I was imagining. Can I bring documentation I didn't submit during the original adjudication?

Yes you can submit additional evidence for the hearing. Submit it to CUIAB before the hearing date so it's in the record. The hearing is essentially a fresh review so you get to present your full case again with any evidence you have.

CONGRATULATIONS!! This is the best kind of update. So happy for you.

Great outcome and a great example of the system working correctly. You did everything right - filed immediately, prepared for the interview, gave clear and specific information. Well deserved approval.

Congrats!! And for anyone who's still stuck in the waiting phase - definitely check out claimyr.com if you're trying to reach a California EDD agent to check on your status. Getting through to an actual person who could tell me where my claim stood was the thing that kept me from completely losing my mind during the wait. Video walkthrough is at https://youtu.be/JmuwXR7HA10 if you want to see how it works first.

So happy for you! And same - just got my approval notice today too. Turns out 5 weeks of silence and then it just resolves. The anxiety of not knowing was the worst part. Good luck to everyone else still waiting.