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?
22 comments
Miles Hammonds
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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Isla Fischer
•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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Ruby Blake
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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Isla Fischer
•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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Micah Franklin
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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Isla Fischer
•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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Ella Harper
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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Isla Fischer
•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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Ella Harper
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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PrinceJoe
•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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Brooklyn Knight
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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Isla Fischer
•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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Owen Devar
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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Miles Hammonds
•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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Owen Devar
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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Isla Fischer
•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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PrinceJoe
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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Ella Harper
•THIS!!!! Big companies have whole departments dedicated to fighting unemployment claims! It's disgusting how they treat workers!
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Ruby Blake
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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Isla Fischer
•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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Ruby Blake
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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Miles Hammonds
•yeah def mention that! they cant treat different people different ways for the same thing thats discrimination
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