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Isla Fischer

Terminated from Costco for time clock error - EDD eligibility after appealing with HR?

Just got fired from my job at Costco after accidentally clocking in when I was actually trying to use the VTO (voluntary time off) option on the time clock system. I've been with the company for 9 months with zero issues before this. Management is claiming it was "time theft" even though I immediately reported the mistake to my supervisor! I went through their appeal process with HR but they still upheld the termination. Has anyone experienced something similar? I'm worried about qualifying for unemployment benefits since technically I was fired. Will EDD consider this misconduct or will they understand it was just an honest mistake? I'm already applying for new jobs but need some income while I search. Any advice on how to explain this situation during my EDD application?

same thing happnd to my cousin at target last year. they fired him over a time punch thing too. he got unemployment no problem.

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That's encouraging to hear! Did he have to do anything special when applying? I'm worried they'll just see 'terminated' on my record and deny me automatically.

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You should be eligible for benefits. EDD defines misconduct as a deliberate disregard of the employer's interests. A one-time honest mistake on the time clock system wouldn't typically meet that standard, especially since you reported it immediately and tried to appeal through proper channels. When you file your claim, be very specific that this was your first infraction in 9 months of employment, that you reported the error yourself, and that you attempted to resolve it through the company's appeal process. Costco will likely contest your claim, so be prepared to explain your side clearly during the phone interview with EDD.

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Thank you so much for the detailed response! I'm definitely going to emphasize all those points. Should I mention that my performance reviews were all positive too? I'm just worried Costco will make it sound worse than it was.

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when u file make sure to check the box that says u were fired and NOT that u quit!!!! big difference. then write exactly what happened in the explanation box. also save any emails or texts from ur supervisor about the mistake to show u tried to fix it right away.

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Good point about the documentation! I actually have the text I sent my supervisor right after it happened. I'll definitely select 'fired' and not 'quit' on the application.

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I got fired from Walmart for something similar in 2023 and EDD denied my claim at first because my employer said I committed 'time theft' which they considered misconduct!!! I was SO stressed waiting for my interview with EDD to explain what really happened. The whole system is RIGGED against workers!!! Companies can just make up reasons to fire people and then block their benefits too!

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Oh no, that's exactly what I'm afraid of. Did you eventually get approved after the interview? I'm already stressing about paying rent next month.

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Yeah I eventually got approved after the phone interview but it took FOREVER! Like 3 weeks just waiting for the interview and then another week for the decision. Be super prepared for that interview because that's your one chance to explain everything.

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this is why these companies get away with this BS... they know most people cant wait weeks without income so they give up or take another job quick and never fight it

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I've been through this exact situation (different company but same termination reason). Here's what you need to do: 1. File your claim immediately 2. In the section asking why you're no longer employed, select "discharged" and provide a BRIEF explanation of the time clock error 3. Gather any evidence showing this was a one-time mistake (previous positive reviews, lack of prior warnings) 4. Prepare for the phone interview - they'll schedule one because your employer will likely contest 5. During the interview, stay calm and factual - emphasize that this was an isolated incident in an otherwise perfect employment record The key is showing this wasn't willful misconduct but a simple human error. One time clock mistake after 9 months of employment without issues should not disqualify you. Oh and if you're having trouble getting through to EDD on the phone (and you probably will), try Claimyr. It's a service that helps you get through to an actual EDD agent quickly. Saved me hours of frustration when I was dealing with my claim issues. You can see how it works at claimyr.com or check their demo video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km

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This is incredibly helpful, thank you! I'll get my claim filed tomorrow and start preparing all that documentation. And thanks for the tip about Claimyr - I've been hearing horror stories about trying to reach EDD by phone so that might be worth checking out if I get stuck.

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Hi there, I'm an HR professional (not for Costco). Based on what you've described, this termination seems quite harsh for a first-time offense, especially if you immediately reported the error. From an EDD perspective, a single unintentional mistake typically doesn't rise to the level of misconduct that would disqualify you from benefits. When you have your phone interview with EDD, be sure to emphasize: - Your clean record prior to this incident - The immediate self-reporting of the error - The fact that you followed proper channels for appeal - That this was an honest mistake, not an intentional act Also, make sure you correctly certify every two weeks while your claim is pending. Many people make the mistake of not certifying while waiting for an eligibility determination, and this can cause payment delays later.

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is it true if u get denied at first u can appeal and still get the backpay for all the weeks u certified?

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Yes, that's correct. If your initial claim is denied but you win on appeal, EDD will pay you for all the weeks you properly certified during the appeal process. That's why it's critical to continue certifying for benefits every two weeks, even while your claim is pending or under appeal.

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Thank you for the HR perspective - that makes me feel better about my chances. I definitely didn't think they'd fire me over this since I had perfect attendance and good reviews. I'll make sure to keep certifying even if they initially deny me.

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ok i might get downvoted for this but im just saying be prepared for costco to fight ur claim HARD. my brother worked there for 3 years and when they let him go for something stupid they sent like a 15 page report to edd with every tiny mistake he ever made to try to justify firing him for cause. they really dont want to pay unemployment ever.

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THIS!!!! Big companies have whole departments dedicated to fighting unemployment claims! It's disgusting how they treat workers!

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An important point to remember: During your eligibility phone interview, the EDD representative will be looking to determine if your actions meet California's definition of misconduct. For EDD purposes, misconduct must be: 1. A substantial breach of duty to the employer 2. Willful or wanton in character 3. Not a good faith error in judgment A single time clock mistake that you immediately reported is unlikely to meet these criteria. Be clear that this was an isolated incident and a good faith error in judgment at worst. Even if Costco provides documentation of your termination, the question is whether your actions legally constitute misconduct under unemployment insurance laws, not whether they had the right to terminate you.

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This is exactly what I needed to know! I'll focus on explaining that this was absolutely a good faith error, not willful misconduct. Is it worth mentioning that other employees have made similar mistakes and only received warnings?

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Yes, if you have specific knowledge of other employees who made similar mistakes but received less severe discipline, that would be relevant information for your case. It helps establish that the company's response to your mistake was disproportionate. Just be prepared to provide details if asked - when these incidents occurred, what the outcomes were, etc.

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yeah def mention that! they cant treat different people different ways for the same thing thats discrimination

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I'm so sorry this happened to you! As someone who's been through the EDD process before, I want to emphasize what others have said about being very detailed in your application. Don't just write "time clock error" - explain the whole situation: that you were trying to use VTO, accidentally clocked in instead, immediately reported it to your supervisor, and had 9 months of perfect employment before this. Also, keep all your documentation organized - that text to your supervisor, any emails about the appeal process, performance reviews, etc. The EDD interviewer will want to hear a clear timeline of events. And definitely don't give up if they initially deny you - the appeal process exists for situations exactly like this where there's a difference between what the employer claims and what actually happened. One more thing - start applying for jobs now but don't feel pressured to take the first offer if you're still fighting for your benefits. You deserve unemployment compensation for this situation.

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Thank you so much for all the encouragement and practical advice! I really appreciate you taking the time to write such a detailed response. I'm definitely going to organize all my documentation like you suggested - I have the text to my supervisor, some emails from the appeal process, and my last performance review which was really positive. It's reassuring to hear from someone who's been through this process before. I'm trying not to panic about the timeline since I know it might take a few weeks, but I'm also applying for jobs just in case. Your point about not taking the first offer is good too - I don't want to settle for something way below my previous pay if I don't have to.

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I work in employment law and see cases like this regularly. Based on what you've described, you have a strong case for unemployment benefits. The fact that you immediately self-reported the error and had a clean 9-month record works heavily in your favor. California EDD looks at the totality of circumstances, not just the employer's characterization of events. A few additional tips for your phone interview: Be prepared to explain exactly how the time clock system works and how the error occurred - this helps establish it was genuinely accidental. Also, if you have any witnesses who saw you report the mistake immediately, mention their names. The EDD representative will want to understand the timeline of events very clearly. Don't be discouraged if Costco contests your claim - that's standard practice for large retailers. What matters is whether your actions meet the legal definition of misconduct, which based on your description, they don't. One honest mistake after 9 months of good employment typically doesn't rise to that level. Stay factual during the interview and you should be fine.

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This is really helpful to have a legal perspective! I can definitely explain how the time clock system works - it's one of those touch screen systems where you select different options and I accidentally hit "clock in" instead of "VTO request" which are right next to each other on the menu. My supervisor who I texted right away could be a witness, and maybe the HR person I spoke with during the appeal process saw that I was genuinely trying to fix the mistake. I'm feeling more confident about this now hearing from everyone that I have a good case. Thank you for taking the time to explain the legal side of things!

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I went through something very similar at my previous job! Got terminated for what they called "timecard fraud" but was really just me forgetting to clock out for lunch one day. I was so worried about getting unemployment but EDD approved me after the phone interview. The key things that helped my case were: 1) I had no prior disciplinary actions, 2) I could show it was an honest mistake, and 3) I had tried to fix it through the proper channels before getting fired. Your situation sounds even stronger since you immediately reported the error yourself. When you do the phone interview, speak slowly and clearly - don't let them rush you through the explanation. Take your time to explain exactly what happened and why it was obviously an accident. The fact that you were trying to use VTO (which costs the company nothing) instead of regular time makes it clear you weren't trying to steal time. Good luck! Don't let Costco intimidate you - you deserve those benefits.

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Thanks so much for sharing your experience! It's really reassuring to hear from someone who went through almost the exact same thing. You're absolutely right about the VTO part - it makes no sense that I'd be trying to steal time when I was literally trying to take unpaid time off! I'll definitely remember to speak slowly during the phone interview and not let them rush me. Sometimes when I'm nervous I talk too fast and might not explain things clearly. Your point about having no prior disciplinary actions is spot on too - I think that's going to be one of my strongest points. Thank you for the encouragement!

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I'm a former EDD case worker and want to give you some insider perspective on your situation. What you're describing would typically NOT be considered misconduct under California unemployment law. The three-part test for misconduct requires it to be willful, substantial, and connected to work duties. An accidental button press that you immediately self-reported fails the "willful" component entirely. Here's what will likely happen: Costco will submit their documentation claiming "time theft," but the EDD adjudicator will look beyond their characterization to the actual facts. Your 9-month clean record, immediate self-reporting, and attempt to resolve through proper channels all work heavily in your favor. Pro tip for the phone interview: Have a timeline written out beforehand with exact times/dates. Be ready to explain the difference between the VTO button and clock-in button on their system. The interviewer wants to understand HOW this mistake could happen accidentally. Also, don't be surprised if it takes 2-3 weeks to get your interview scheduled - that's normal right now, not a bad sign. Keep certifying every two weeks regardless of your claim status. You've got a strong case here!

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This is incredibly valuable insight from someone who actually worked at EDD! Thank you so much for breaking down the three-part test - knowing that the "willful" component is key makes me feel much more confident about my case. I'll definitely write out a detailed timeline with exact dates and times before the interview. And you're right about explaining how easy it would be to accidentally hit the wrong button - the VTO and clock-in options are literally right next to each other on the touch screen menu. It's such a relief to hear from someone with inside knowledge that this type of situation typically doesn't qualify as misconduct. I was starting to worry that EDD would just automatically side with the employer, but it sounds like they actually do look at the real facts. Thanks for the tip about the 2-3 week timeline too - at least I'll know what to expect!

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I'm really sorry to hear about your situation - getting fired over what sounds like a genuine accident must be incredibly stressful! Based on everything I'm reading here from people with experience, it sounds like you have a really good shot at getting approved for unemployment benefits. The fact that you immediately reported the mistake yourself is huge - that shows good faith and honesty, not someone trying to commit "time theft." And having 9 months of clean employment with good reviews should definitely work in your favor during the EDD review process. I'd definitely recommend filing your claim as soon as possible and being very thorough in explaining the circumstances. Make sure to emphasize that this was your first issue ever, that you self-reported immediately, and that you tried to resolve it through proper channels. The people here who've been through similar situations seem to have good success rates once they got to explain their side to EDD. Hang in there - it sounds like a lot of people are rooting for you to get this sorted out! The system isn't perfect but it does seem like EDD looks at the actual facts, not just what the employer claims happened.

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Thank you so much for the kind words and support! Reading everyone's responses has really helped calm my nerves about this whole situation. It's been such a whirlwind - one minute I'm just trying to take some time off, the next I'm getting escorted out of the building! But hearing from people who've been through similar experiences, especially the former EDD case worker, makes me feel like I actually have a good chance of getting approved. I'm planning to file my claim first thing tomorrow morning and start gathering all my documentation. This community has been incredibly helpful - I never expected to get so much detailed advice and encouragement from everyone. I'll definitely come back and update once I hear back from EDD!

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I went through something very similar at Target a few years ago - accidentally clocked in when I meant to clock out for break, and they terminated me for "time theft" even though it was clearly just a mistake with their confusing time clock system. I was so worried about unemployment but EDD approved me after about 3 weeks. The thing that really helped my case was being able to show a pattern of good behavior before the incident. Like you, I had months of perfect attendance and good reviews. During the phone interview, I made sure to emphasize that if I was really trying to "steal time" it made no sense to do it in such an obvious way where it would show up immediately on the system. One thing I wish I had known - when they ask you to explain what happened, don't just focus on the technical mistake with the buttons. Make sure to explain WHY you were trying to use VTO in the first place (maybe you weren't feeling well, had an appointment, etc.) because it shows you were acting in good faith and actually trying to take UNPAID time off, not get extra pay. Also, if you have any coworkers who can vouch for your character or who witnessed you reporting the mistake immediately, it might be worth mentioning their names during the interview. EDD sometimes follows up with witnesses if the case is contested heavily. You've got this! The system isn't perfect but EDD does seem to understand the difference between an honest mistake and actual misconduct.

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This is such great advice, especially the point about explaining WHY I was trying to use VTO! I was actually trying to leave early because I had a family obligation that came up unexpectedly, so it definitely shows I was acting in good faith and trying to take unpaid time off rather than get extra pay. That's a really smart way to frame it during the interview. And you're absolutely right about having witnesses - my coworker Sarah was standing right there when I immediately told my supervisor about the mistake. I should definitely mention her name. It's so helpful to hear from someone who went through almost the exact same situation at Target and got approved. Three weeks feels long when you're worried about paying bills, but it's manageable. Thank you for taking the time to share your experience and all these practical tips!

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I'm so sorry you're dealing with this situation! As someone who's been through the EDD process multiple times, I can tell you that your case sounds very strong based on what you've described. The combination of immediately self-reporting the error, having 9 months of clean employment history, and the fact that you were trying to use VTO (unpaid time off) rather than get extra pay really works in your favor. A few additional things to consider when you file your claim: Make sure to mention in your application that you attempted to resolve this through Costco's internal appeal process before being terminated - this shows you tried to work within their system in good faith. Also, when describing the incident, be very specific about the time clock interface and how easy it would be to accidentally select the wrong option, especially if you were in a hurry. Don't be discouraged if Costco fights your claim - that's unfortunately standard for large retailers. But based on all the experiences people have shared here, EDD does look at the actual facts rather than just accepting the employer's version of events. Your situation clearly doesn't meet the legal standard for willful misconduct. Keep your chin up and file that claim as soon as possible. You've got a whole community here rooting for you!

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Thank you so much Emma! Your advice about mentioning the internal appeal process is really smart - I definitely want EDD to know that I tried to work things out with Costco first before it came to this. And you're right about being specific with the time clock interface - I think if the EDD interviewer understands how confusing their system can be, especially when you're rushing to leave for a family emergency, it'll be obvious this was just an accident. It means a lot to have so many people in this community sharing their experiences and advice. I never expected to get this much support when I first posted! I'm feeling much more confident about filing my claim now.

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I'm really sorry this happened to you! Reading through all the responses here, it sounds like you have a very strong case for unemployment benefits. The fact that you immediately self-reported the mistake and had a clean 9-month record really demonstrates this was an honest error, not intentional misconduct. One thing I'd add that I haven't seen mentioned yet - when you file your claim, make sure to keep copies of everything you submit. Screenshot your online application, save confirmation emails, etc. If there are any delays or issues with your claim later, having that documentation can be really helpful. Also, while you're waiting for the EDD process to play out, you might want to look into local food banks or assistance programs if money gets tight. Many communities have resources specifically for people dealing with unexpected job loss, and there's no shame in using them while you're between jobs. Hang in there - based on everything people have shared, it sounds like EDD will see this for what it really was: an honest mistake that didn't deserve termination. Costco's loss is going to be some other employer's gain!

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Thank you Ava, that's really thoughtful advice about keeping copies of everything! I definitely want to make sure I have good documentation throughout this whole process. And you're absolutely right about looking into local assistance programs - I hadn't really thought about that but it's probably smart to know what resources are available just in case the EDD process takes longer than expected. I'm trying to stay optimistic based on everyone's encouraging responses here, but it's good to have backup plans. Really appreciate you mentioning the food banks too - sometimes people forget about those kinds of community resources when they're dealing with sudden job loss. Thanks for the support and practical suggestions!

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I've been following this thread and wanted to add my perspective as someone who went through a very similar situation with a different employer. What really stands out to me about your case is that you were actually trying to use UNPAID time off when the mistake happened - this completely undermines any claim of "time theft" since you were literally trying to NOT get paid for time you wouldn't be working. When you have your EDD phone interview, I'd recommend organizing your explanation around three key points: 1) This was your first and only issue in 9 months of employment, 2) You immediately self-reported the error showing good faith, and 3) You were attempting to take unpaid time off, not gain unauthorized pay. That third point is crucial because it shows your intent was the opposite of theft. Also, don't let Costco's corporate response intimidate you. Large retailers often have standard policies about contesting unemployment claims, but EDD makes their own determination based on the legal definition of misconduct, not company policy. Your situation clearly doesn't meet California's standard for willful misconduct. Stay confident and stick to the facts - you've got this!

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Thank you so much Aisha! You've really helped me see how to frame this situation in the best way possible. You're absolutely right that the fact I was trying to take UNPAID time off completely contradicts any claim of "time theft" - that's such a strong point that I hadn't fully considered before. I love how you've organized it into those three key points - I'm definitely going to write those down and practice explaining them clearly before my phone interview. It's really reassuring to hear from someone who went through a similar situation that EDD makes their own determination based on the legal standards, not just what the company claims. I was getting worried that Costco's corporate lawyers would somehow steamroll the process, but it sounds like EDD actually looks at the real facts. Thank you for the encouragement and for helping me feel more confident about this!

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