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

This is reassuring. It really wasn't anything extreme, more of a communication breakdown than anything intentional on my part. So the fact that HR wrote 'policy violation' doesn't seal my fate with EDD?

same thing happened to my coworker, employer said misconduct, EDD approved him anyway. the investigation is real they actually do look into it

Confirming this - California EDD's definition of misconduct is narrower than most employers realize. A lot of claims labeled misconduct by employers still get approved because the claimant's behavior didn't rise to the legal standard EDD uses.

Okay I will keep certifying, thank you. I actually almost stopped this week because I figured why bother if I'm just going to get denied.

THIS. I stopped certifying during my adjudication because nobody told me to keep going and I lost like 6 weeks of benefits. Don't be me.

how long does adjudication usually take when its a misconduct situation? asking for myself too lol

I haven't been able to reach anyone at EDD at all. I'll look into Claimyr, thanks. And yes I've been saving text messages and emails that kind of show the whole situation from my side.

seconded on Claimyr, I was skeptical but it actually worked. Got through to an agent in like 20 minutes when I'd been trying for days on my own.

wait so they literally just connect you to EDD? no like weird stuff required?

yeah it's straightforward, they handle the hold queue for you. claimyr.com - just check out the video first so you know what to expect

I didn't even think about the 4 years being relevant. That's a good point. I never had a single write-up before this happened.

Exactly right. EDD does consider prior disciplinary history. A clean record for 4 years substantially undercuts any argument that your behavior was a 'pattern of misconduct' - that's often the angle employers try to use.

does edd actually call the employer too or just look at paperwork

5 weeks omg. Did you end up getting approved or denied if you don't mind me asking?

approved! employer said i violated attendance policy but i had documented medical appointments so EDD sided with me. fingers crossed for you

That gives me real hope actually, thank you for sharing that.

yes this!! vague answers basically let edd assume the worst. be specific and factual

I have been drafting my response already and trying to be very detailed. Should I include copies of texts/emails as supporting documentation even if they don't ask for them?

Yes, absolutely attach any supporting documentation you have. You can mail physical copies to your local EDD office or include them if the questionnaire is being submitted through UI Online messaging. Documentation of the communication breakdown you described could be decisive.

Common misconception. Employer's characterization doesn't bind EDD. The agency conducts its own independent investigation and applies California's legal standard, not whatever HR wrote in their paperwork.

ohhhh okay that makes way more sense. i've been telling people wrong this whole time lol

Yeah this trips a lot of people up. File the claim regardless of what termination paperwork says - let EDD make their own call.

That's really valuable, thank you. Did you have to go to an actual hearing for the appeal or was it just written?

I requested a phone hearing with the CUIAB (California Unemployment Insurance Appeals Board). It's less intimidating than it sounds but definitely prepare like you're making a real case. Bring notes, timeline, any documentation.

how long did the appeal take after you requested it

About 6-7 weeks before my scheduled phone hearing date. Then another couple weeks for the written decision after the hearing. It was a long road but worth it.

I've been trying to call EDD with zero luck. Going to check out Claimyr this afternoon honestly.

the phone situation with EDD is genuinely insane. I tried calling 47 times in one day once. not an exaggeration.

Claimyr is legitimately the only reason I was able to sort out my adjudication situation. Confirmed my questionnaire was received and found out they needed an additional document I didn't know about.

Certifying even though I feel like it's going nowhere has been hard mentally but I'm going to keep doing it. Thank you for explaining the back pay aspect.

also make sure your job search activities are logged correctly when you certify, unless you have a standby exemption. EDD can deny weeks if job search requirements weren't met even if the misconduct determination goes your way

3 weeks is way faster than I expected, that's encouraging. I'm trying to stay calm but the financial pressure is real.

i know the waiting is awful. she said the hardest part was not knowing. once the determination letter came it was like a huge weight lifted even just having an answer

Yes, employers can appeal EDD's determination too, same as claimants can. If EDD approves you and the employer disagrees, they can appeal to the CUIAB. But statistically most employers don't appeal routine determinations - it costs them time and resources. Larger companies with dedicated HR teams are more likely to appeal than small businesses.

Also worth noting - even if an employer appeals, you generally continue to receive benefits during the appeals process. The payments don't automatically stop while an appeal is pending.

okay good to know. was worried they could just take my benefits away mid-collection

That's actually really good advice. I don't want to sound like I'm making excuses or like I'm pretending nothing happened. I'll try to frame it more as explaining context rather than flat out denying.

Exactly right. EDD interviewers do this all day every day. They can tell the difference between someone being honest versus someone trying to game the questionnaire. Honest and specific beats vague and defensive every time.

agree 100%. my first submission I was way too defensive sounding and I think that hurt me. my appeal response was calmer and more factual and it went completely differently

Thank you for sharing that even though it didn't work out for you. If I get denied I'm definitely going to look into the appeal process.

You have 30 days from the mailing date of the denial to file an appeal with CUIAB. Don't miss that window if it comes to that.

I actually tried it this morning and got through to an EDD agent within about 25 minutes. Found out my questionnaire is on its way by mail and that the employer has already submitted their response. At least I know where things stand now.

wait you actually used it already?? thats fast. glad it worked for you!

great news that you got some info. knowing the employer already responded actually means your adjudication might move faster - EDD has both sides already

I didn't realize I was supposed to still be job searching during adjudication. I've been doing it but more casually. I'll make sure I'm properly logging everything going forward.

Also register on CalJOBS if you haven't already, EDD expects claimants to be registered there as part of the job search requirements

The CalJOBS registration is technically required within 21 days of filing your initial claim. If you haven't done it yet do it today - it's at caljobs.ca.gov and takes maybe 15 minutes.

File as soon as possible - your benefit year start date is based on when you file, not when you were terminated. Every day you wait is potentially a day of benefits lost if you're approved.

Good luck to you too. This thread has helped me a lot, hopefully it helps you as well. File today and keep certifying no matter what.

also make sure when you file you describe the separation circumstances in your own words accurately. don't just say 'fired for misconduct' - explain what actually happened from your perspective. that initial description matters.

No determination yet, it's been about 3 weeks now. But from what I've gathered here I'm not panicking yet. I've been certifying every week, I completed my questionnaire thoroughly with documentation attached, and I've registered on CalJOBS. Feeling a lot better about the process than when I posted this.

rooting for you! come back and update when you hear something

3 weeks is still within normal range for misconduct adjudication. Sounds like you've done everything right. The thorough questionnaire response is probably your biggest asset at this point.

following for the update! this thread helped me get my claim filed today