Back to California Unemployment

Royal_GM_Mark

If I get fired for not working overtime can I collect unemployment in California?

So I got terminated last week and I'm trying to figure out if I even qualify for unemployment benefits. My employer fired me specifically because I refused to work mandatory overtime shifts. For context, I'm a warehouse supervisor and they kept piling on extra hours way beyond what my original schedule was — we're talking 12-15 hour days, sometimes 6-7 days a week. I kept pushing back because I have two kids and childcare literally doesn't exist for those kinds of hours. Eventually my manager pulled me into HR and said it was either comply with the overtime demands or lose my job. I chose my family and now I'm unemployed. I filed a UI claim through UI Online a few days ago but I'm genuinely unsure what's going to happen. My separation reason shows as 'discharged' which I know sometimes triggers an automatic adjudication review. I've heard conflicting things — some people say refusing overtime is 'misconduct' and you get disqualified, others say it depends on whether the overtime was in your original job description. My offer letter from 3 years ago says nothing about mandatory overtime and I never signed any amended agreement. Does anyone have experience with something like this? Was your claim approved or did California EDD side with the employer during the fact-finding interview?

This is actually a really nuanced situation and I think you have a stronger case than you might realize. California EDD doesn't automatically disqualify someone just because they were fired — the key question is whether your refusal constituted 'misconduct' under California Unemployment Insurance Code Section 1256. Misconduct generally requires a willful or deliberate violation of a reasonable employer rule. The critical word there is 'reasonable.' If mandatory overtime wasn't in your original employment agreement and was never added through any signed amendment, EDD's fact-finding process will look hard at whether that was even a legitimate enforceable requirement. Your documentation of your original offer letter is going to be really important here.

0 coins

Thank you — this is exactly the kind of breakdown I needed. I've been holding onto my original offer letter and I have texts from my manager referencing the overtime demands. Is there anything else I should be gathering before the fact-finding interview?

0 coins

Also remember that California has some of the strongest worker protections in the country. The burden isn't entirely on you to prove you didn't commit misconduct — EDD investigates both sides.

0 coins

went thru something similar last year, refused mandatory weekend shifts that werent in my contract, got fired, filed unemployment. My claim went to adjudication for like 5 weeks which was stressful but it eventually got approved. EDD sided with me because i had my original job offer showing my schedule was m-f only. employer tried to say it was misconduct but EDD disagreed

0 coins

5 weeks in adjudication sounds awful but honestly that outcome is super encouraging. Did they ever call you for a fact-finding interview or was it all done by mail?

0 coins

they mailed me a questionnaire first then called me like 2 weeks later. just be honest and stick to the facts about what was in your original agreement

0 coins

same thing happened to my coworker. EDD approved her after adjudication. dont give up

0 coins

I was in a similar spot about 8 months ago and the hardest part honestly wasn't the adjudication — it was just trying to get any information out of EDD while I was waiting. I called like 50 times over two weeks and kept getting the automated system or getting disconnected. I was going crazy not knowing where my claim stood. Someone on a different thread mentioned Claimyr and I was skeptical but I tried it and actually got connected to an EDD rep within a couple hours. They were able to tell me my claim was in fact-finding and what documents to have ready. Huge relief. Site is claimyr.com and they have a video showing how it works at https://youtu.be/JmuwXR7HA10

0 coins

Oh wow I've already been trying to call EDD and can't get through. Definitely going to check this out, thank you.

0 coins

I've heard of Claimyr but never tried it. Does it actually work or is it one of those things that sounds good and then does nothing lol

0 coins

It worked for me, got a live agent. I think demand varies but the video on their site explains the process pretty clearly

0 coins

gonna bookmark this for when i inevitably have a problem with my claim lmao

0 coins

Okay so let me clarify something important because I see some confusion in how people use these terms — there's a difference between 'misconduct' and 'misconduct connected with work' under California EDD rules. Regular misconduct means you did something wrong intentionally. But even within that, there are degrees. Simply refusing to work hours that weren't part of your employment agreement is generally considered a reasonable position, not misconduct. Now if you had signed something saying overtime was mandatory and then refused anyway, that would be a closer call. But from what you described — no signed amendment, no original agreement language — EDD would have a hard time calling that misconduct. File your weekly certifications every week regardless, and go to every fact-finding interview they schedule.

0 coins

Wait — I should keep filing my weekly certifications even while in adjudication? I wasn't sure if I was supposed to pause during that process.

0 coins

YES. Always keep certifying every week. If you stop certifying and then get approved, you might not get paid for those uncertified weeks. Never pause just because you're in adjudication.

0 coins

this is such good advice and so many people dont know this. i stopped certifying once during an appeal and lost out on like 4 weeks of payments

0 coins

honestly EDD just sides with employers anyway so dont get your hopes up lol. I got fired for basically nothing and they denied my claim. the whole system is rigged

0 coins

I understand the frustration but this isn't quite accurate — EDD approval rates for discharged claimants are actually meaningful when the person can show the termination wasn't for genuine misconduct. Documentation really does make a difference.

0 coins

maybe i just had bad luck then idk. still bitter about it

0 coins

I work in HR (different industry now) and I can tell you from the employer side that California EDD's fact-finding process is pretty thorough. When an employer submits their side, they have to provide documentation of the rule that was violated and evidence the employee knew about it. If your employer can't produce a signed overtime policy or show it was clearly communicated as a condition of employment, their claim of misconduct gets really weak. The fact that your offer letter doesn't mention mandatory overtime is genuinely significant.

0 coins

This is really helpful perspective. My employer did send me an email once mentioning 'business needs may require extended hours' — does that count as establishing mandatory overtime as a policy?

0 coins

Vague language like that is very different from a clear mandatory overtime policy. 'May require' is not the same as 'will require and refusal is grounds for termination.' I wouldn't lose sleep over that email.

0 coins

Agreed. Language like that is CYA boilerplate, not a binding policy.

0 coins

not to derail but this thread is making me realize i should have fought harder when i got let go two years ago. i just assumed i wouldnt qualify so i never filed. lost out on months of benefits probably. please dont make that mistake op — always file and let EDD decide

0 coins

Ugh that's heartbreaking. I'm definitely filing and fighting this one.

0 coins

yeah always file. worst case they deny you and you appeal. never just assume you dont qualify

0 coins

Can I ask a dumb question — when you certify weekly and you're in adjudication, does it show your payment as pending or does the portal just look like nothing is happening? I'm in a similar situation right now and my UI Online shows no activity and I'm freaking out

0 coins

Not a dumb question at all. During adjudication you'll typically see your certifications recorded but payments will show as 'pending' or sometimes just nothing visible. It doesn't mean the certifications aren't being captured — they are. When the adjudication resolves, any approved weeks should pay out retroactively.

0 coins

okay that makes me feel a lot better. i thought maybe my certifications were disappearing into a void

0 coins

mine showed pending for weeks and then one day i woke up and three weeks worth of payments all hit at once. hang in there

0 coins

SAME SITUATION HERE. I refused to work 7 days straight with no days off and got fired and now EDD is investigating and i have no idea how long this takes. been waiting 6 weeks already. is 6 weeks normal for adjudication???? im losing my mind

0 coins

Six weeks is on the longer side but not unheard of, especially if your former employer is actively contesting the claim. Sometimes the back-and-forth between EDD and the employer drags it out. Keep certifying, respond immediately to any correspondence, and if you need to talk to someone try calling EDD directly or look into Claimyr — claimyr.com — it helped me actually reach a live EDD agent when I was going insane waiting.

0 coins

thank you. i tried calling yesterday and got the automated message saying high call volume and then it hung up on me. will look into claimyr

0 coins

6 weeks happened to my brother too. he got approved eventually. the waiting is the worst part

0 coins

Something worth knowing: California Labor Code actually has limits on mandatory overtime in certain industries and situations. If your employer was requiring you to work hours that violated California labor law — like certain healthcare workers or in situations involving rest day requirements — then not only might your refusal not be misconduct, your employer might have been the one breaking rules. Might be worth looking into if you were in a regulated industry.

0 coins

I'm in warehousing — is that a regulated industry for overtime purposes?

0 coins

Warehousing workers in California do have protections under various labor codes. AB 701 was actually specifically about warehouse quotas and worker conditions. I'd look into California Labor Commissioner resources — your situation might have additional angles.

0 coins

just here to say good luck op. this system is brutal but people do win these cases. my cousin refused unsafe working conditions, got fired, and won her unemployment appeal after a whole hearing process. took months but she got backpay for everything

0 coins

Hearing that people do eventually win really helps my anxiety. Thank you.

0 coins

document everything. every text, every email, every conversation you can remember with dates. it makes a difference

0 coins

wait i might be confused — if you win the adjudication does that mean you automatically get all the weeks you certified for, even the ones from like week 1? or do you have to do something extra to get backpay

0 coins

Generally yes — if adjudication resolves in your favor, EDD will process payments for all the weeks you certified during the adjudication period, as long as you were otherwise eligible (meeting job search requirements, able and available to work, etc.). You don't usually need to do anything extra, it just processes retroactively.

0 coins

okay good, i was wondering if you had to like re-certify for those weeks or something. that would be a nightmare

0 coins

Are you doing your job search activities while you're waiting? A lot of people forget that even during adjudication you're still required to be looking for work and documenting your job search efforts — usually 3 employer contacts per week in California. If your claim gets approved but you weren't keeping your job search log during adjudication, that could cause problems

0 coins

I've been doing job searches but honestly I wasn't documenting them carefully. Going to start keeping a proper log immediately. Thank you for that reminder.

0 coins

Use a spreadsheet or even just a notes app. EDD wants employer name, contact method, date, and position applied for. Super basic but you need to have it if they ever audit your certifications.

0 coins

i got audited randomly once. so glad i kept my job search log. they wanted like 6 weeks of records

0 coins

ngl i thought refusing overtime was definitely an automatic disqualification. did not know it was more complicated than that. learning a lot from this thread

0 coins

It's a really common misconception. 'Fired' doesn't automatically mean disqualified — California EDD has to evaluate whether the firing was for 'misconduct' as defined by law, not just because an employer decided to let someone go.

0 coins

that actually makes me feel better about my own situation tbh. might need to revisit something from a while back

0 coins

One more practical thing — when EDD contacts you for the fact-finding interview, write down the name and ID of whoever you speak with, take notes during the call, and if possible have your documents in front of you. The interviewers ask specific questions and you want to be able to reference your offer letter, any relevant emails, and your employment history quickly. Being organized during that call really does help.

0 coins

Good call. I'm going to put together a folder with everything — offer letter, termination notice, relevant emails from my manager, and my employment contract pages.

0 coins

also ask at the end of the call what the next steps and timeline are. most interviewers will tell you what to expect next

0 coins

I had a somewhat different experience — I refused overtime too but my situation was that it was in my contract and I still won the appeal because I was able to show the overtime was medically harmful to me and I had a doctor's note on file. Just saying there can be other angles even if the base argument is harder. California EDD really does evaluate individual circumstances.

0 coins

That's really interesting. I have some documentation about the impact on my childcare situation — do you think that kind of hardship angle matters at all even if my main argument is that it wasn't in my contract?

0 coins

It can be supplemental evidence. The primary argument about it not being in your contract is stronger legally, but context about why refusal was reasonable never hurts.

0 coins

Hey OP checking back in — wanted to mention that if your adjudication drags out and you really need to talk to someone at EDD about your case status, Claimyr was genuinely the only thing that worked for me after two weeks of failed calls. You can see how it works at https://youtu.be/JmuwXR7HA10 before you commit to anything. I know it sounds like a weird solution but when you're desperate for answers it's worth it

0 coins

I actually looked into it after your first comment and bookmarked the video. Really appreciate you mentioning it twice — if this drags past another week I'm using it.

0 coins

okay i finally tried claimyr after seeing it mentioned here and got through to an EDD agent today after 3 weeks of failing to reach anyone. my claim is still in adjudication but at least i know where it stands now and what to expect

0 coins

glad it worked for you! 3 weeks of nothing is brutal

0 coins

random q — does anyone know if having a pending adjudication affects your ability to get on standby status? my partner's job might be doing layoffs and i'm trying to understand how all this works before it happens

0 coins

Standby status is generally for people attached to a specific employer expecting to return to work, like a temporary layoff situation. It's a separate thing from the regular job search requirement waiver. An existing adjudication on a prior claim could potentially complicate a new claim depending on the specifics, but it's not a blanket bar. Your partner should file as soon as they're laid off and explain the situation.

0 coins

good to know, thank you. i always thought standby was just another word for adjudication and that's clearly wrong lol

0 coins

UPDATE from a lurker who had almost the exact same situation 4 months ago: refused mandatory overtime that wasn't in my original job description, got fired, went through adjudication for 7 weeks, just got my approval notification last week. EDD sided with me. My employer couldn't provide documentation showing mandatory overtime was an established condition of my employment. Backpay is processing now. Hang in there OP, document everything, certify every week, and know that this outcome is possible.

0 coins

This is exactly the kind of update I needed to see today. Congratulations on the approval and thank you so much for coming back to share. Gives me real hope.

0 coins

love when people come back with outcomes. this is so good to hear

0 coins

7 weeks is a long time but the backpay making it right is the whole point. glad it worked out

0 coins

this is the way. document everything, keep certifying, don't give up

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,680 users helped today