Fired for misconduct - can I still qualify for EDD benefits?
So I messed up pretty bad at my retail job of 3 years. Got into a heated argument with a customer who was being super disrespectful (he kept changing his order and then blamed ME). I admit I raised my voice and said some things I shouldn't have. Manager wrote me up, then fired me 2 days later for 'misconduct' and 'creating a hostile environment.' Never had any previous write-ups. Anyway, I'm wondering if there's any chance I could qualify for unemployment while I look for another job? My understanding is that misconduct usually disqualifies you, but this was literally ONE incident in 3 years of perfect work history. Running low on savings and rent is due in two weeks. Anyone dealt with something similar or know if I have any shot here?
23 comments
Amina Diallo
This is definitely a tricky situation, but don't automatically assume you're disqualified. EDD defines misconduct as a 'substantial breach of duty' that shows a 'willful disregard' for the employer's interests. A single incident, especially if you had no prior warnings, might not rise to that level. Here's what I'd recommend: 1. File your claim anyway - let EDD make the determination rather than disqualifying yourself 2. In your application, honestly explain the situation but emphasize your 3 years of good service 3. Be prepared for your employer to contest the claim 4. If denied, you can appeal - many people win their appeals, especially in cases like yours where it was an isolated incident The key will be showing this wasn't 'willful misconduct' but rather a one-time mistake that doesn't reflect your overall work history.
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Connor O'Brien
•Thanks for the detailed advice! I'll definitely file and see what happens. When they talk to my employer, does that mean my direct manager or the HR department? The HR person was actually pretty understanding when I turned in my badge, while my manager was the one who pushed for termination.
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GamerGirl99
i got denied for way less tbh... edd sides with employers almost every time in misconduct cases. good luck but dont get ur hopes up
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Hiroshi Nakamura
•This is NOT accurate information. EDD doesn't automatically "side" with employers. Each case is individually reviewed. I've personally known several people who were fired for alleged misconduct and still received benefits after investigation. It depends entirely on the specific circumstances and how the claimant presents their case. OP, don't be discouraged by comments like this. File your claim, present your side honestly, and be prepared to appeal if necessary.
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Isabella Costa
THE ENTIRE EDD SYSTEM IS RIGGED AGAINST WORKERS!!!! I got fired for being 5 MINUTES late after my car broke down and they called it "misconduct" even though I CALLED to say I'd be late. Employer lied about everything and EDD didn't even question it. Denied my claim and then when I appealed it took 3 MONTHS just to get a hearing date!!! By then I had already found another job (that pays less) but was DENIED backpay for those months! THE SYSTEM IS BROKEN!!!
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Malik Jenkins
•I'm sorry you had that experience, but I think it's important to point out that every situation is different. Tardiness can sometimes be considered misconduct if it's a pattern, even if it seems minor. For the OP's case of a single customer incident after 3 years, they might have a better chance, especially if they can show they were provoked and it wasn't premeditated misconduct.
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Freya Andersen
If you're having trouble getting through to EDD to check on your claim status (which you probably will), try using Claimyr. I was in a similar situation with a misconduct termination and needed to speak to a rep to explain my side before my interview. Spent days trying to get through those busy signals before finding claimyr.com - they got me connected to an EDD rep in about 20 mins. They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Being able to actually talk to someone made a huge difference in my case.
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Eduardo Silva
•does this actually work? seems like it would be against the rules or something to jump the line
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Freya Andersen
•It's completely legitimate - they don't "jump the line" but instead use technology to keep calling on your behalf until they get through, then connect you with the EDD rep. Saved me days of redialing.
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Malik Jenkins
One thing to prepare for: if you file, EDD will likely schedule a phone interview to determine eligibility. This happens whenever there's a question about the reason for separation. During this interview, be factual but focus on: - Your overall good work history - The customer's role in provoking the situation - Any mitigating circumstances (stress, understaffing, etc.) - That this was a one-time incident, not a pattern Avoid badmouthing your employer or sounding defensive. Just present the facts calmly. Document everything beforehand so you don't forget important details during the interview.
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Connor O'Brien
•This is really helpful, thanks. Should I prepare written notes for the phone interview? And do you know approximately how long after filing the claim they usually schedule these interviews?
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Malik Jenkins
•Definitely prepare written notes - it helps tremendously during the interview when you're nervous. Currently, determination interviews are being scheduled 2-3 weeks after the claim is filed, but timelines vary. Make sure your phone number is correct in your UI Online account and always answer calls from unknown numbers during this period.
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Eduardo Silva
my cousin works at walmart and got fired for tellin off a customer and she got unemployment so yeah u can probably get it lol
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Amina Diallo
•While this is anecdotal, it does illustrate an important point: people in similar situations have received benefits. The key difference might be how each employer chooses to fight the claim and what specific details they provide to EDD about the incident.
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Hiroshi Nakamura
I'm an HR professional (though not giving official legal advice), and I can tell you that California's standard for misconduct is fairly high. A single incident generally needs to be quite severe to constitute disqualifying misconduct. Some examples of clear misconduct would be theft, violence, deliberate violation of safety rules, or coming to work intoxicated. A heated exchange with a customer, while inappropriate, falls into a gray area where EDD will look at all factors. Your three years of good service works in your favor. If denied, definitely appeal - the appeal process often favors employees as the burden of proof is on the employer to establish misconduct. Many employers don't bother to participate in appeal hearings, which can work in your favor.
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Connor O'Brien
•This is really encouraging! One more question - if I get denied and have to appeal, how long does that process typically take? I'm concerned about making rent in the meantime.
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Hiroshi Nakamura
•Unfortunately, the appeal process is currently taking 8-12 weeks in California. However, if you win your appeal, you'll receive backpay for all weeks you certified for. In the meantime, continue to certify every two weeks even if your claim shows as disqualified. This ensures you'll receive all benefits if your appeal is successful.
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Isabella Costa
GUYS I'm having the EXACT same problem with my claim right now!!! Fired after an incident with a coworker (not even a customer). Been waiting 6 weeks for my phone interview. Bills piling up and can't even get through to ask when my interview will be scheduled!!! This system is BEYOND broken!!!
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Freya Andersen
•This is why I recommended Claimyr above - you need to actually speak to someone to get answers about interview scheduling. The website won't tell you anything helpful about timelines.
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GamerGirl99
hate to be that person but maybe try to see if ur boss would change the reason for firing to layoff instead? my friend did this, just called and asked nicely and explained the situation and they agreed. worth a shot
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Connor O'Brien
•Not a bad idea, but I think that ship has sailed. My termination paperwork specifically mentions misconduct and I already signed it. Plus my manager was pretty upset with me, doubt he'd be willing to help me out now.
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Malik Jenkins
One more thing to consider: When you file, you'll be asked to provide your version of what happened. Be truthful but precise with your language. Instead of saying "I yelled at a customer," you might say "After repeated provocations, I responded inappropriately by raising my voice." Both are true, but the second provides context that helps your case. Also, if any coworkers witnessed the customer being difficult before the incident, you might want to ask if they'd be willing to provide a statement if needed during an appeal. Witness statements can be very helpful.
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Connor O'Brien
•That's a great point about phrasing. And yes, there were definitely witnesses - several coworkers saw the whole thing happen and one even told me afterward that she thought the customer was being completely unreasonable. I'll reach out to see if she'd be willing to provide a statement if needed.
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