Fired for misconduct - can I still qualify for EDD benefits?

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.

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

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!!!

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.

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.

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

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.

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!!!

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

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.

I went through something very similar last year - got fired for "insubordination" after pushing back on unsafe working conditions. Filed for unemployment anyway and initially got denied, but I appealed and won. The whole process took about 3 months but I got full backpay. A few things that helped my case: - I documented everything I could remember about the incident immediately after filing - I gathered evidence of my good work history (performance reviews, commendations, etc.) - During the appeal hearing, I stayed calm and factual while my employer got defensive and emotional The fact that you have 3 years of clean history is huge. Most ALJs (Administrative Law Judges) understand that good employees don't just suddenly become problem workers overnight. File your claim ASAP - even if you get initially denied, you can't win an appeal you never start. And definitely keep looking for work in the meantime since you have to show you're actively seeking employment anyway. Good luck! The system isn't perfect but it's not rigged against workers like some people claim.

I'm going through almost the exact same situation right now! Got fired two weeks ago for what my manager called "attitude problems" after I questioned a new policy that seemed to violate labor laws. No prior disciplinary actions in 4 years of employment. I filed my claim last Monday and I'm still waiting to hear back. The anxiety is killing me because everyone keeps saying different things about whether misconduct cases have any chance. Reading through these comments is actually giving me some hope - especially seeing that @Salim Nasir won his appeal for "insubordination." @Connor O'Brien - definitely document everything you remember about that customer interaction ASAP. I wish I had done that right away instead of waiting a week. Also, if you have any positive performance reviews or employee recognition, gather those too. From what I'm reading here, having proof of your good work history seems really important. Has anyone here had experience with what happens if you find a new job while your appeal is still pending? Do you still get the backpay if you win?