What disqualifies you for unemployment in California EDD?

Wait so the employer literally just gets to call it misconduct and EDD takes their word for it? That seems completely backwards.

Not exactly — California EDD does conduct its own fact-finding. They'll contact both you and the former employer separately and ask questions. But if the employer uses the word misconduct in their initial report, it can trigger a hold or denial while they investigate. That's likely what happened to you. The appeal process is where you get to tell your side of the story with actual evidence.

This happened to me too and I won my appeal. My employer said misconduct but EDD sided with me after the phone interview. Hang in there.

This breakdown is super helpful, thank you. So if I quit a job because my hours got cut drastically, would that count as good cause for quitting?

Yes, actually — a substantial reduction in hours or pay can qualify as good cause to quit in California. EDD looks at whether a reasonable person would have quit under the same circumstances. A major hours cut definitely falls into that category. You'd want to document the before and after schedule comparison.

what about if you get fired for being late a few times? is that misconduct

Repeated tardiness COULD be considered misconduct depending on the circumstances — mainly if you were warned multiple times in writing and continued anyway. But a single instance or even a couple without prior written warnings is usually not enough for EDD to classify it as disqualifying misconduct. Context really matters here.

I've been trying to call EDD for four days straight and can't get through. Does Claimyr actually work or is it one of those things that just takes your info and does nothing?

I was skeptical too honestly but it genuinely worked for me. Got connected to a real EDD agent who could pull up my claim. Check out the demo video at https://youtu.be/JmuwXR7HA10 before you decide — it explains the whole process.

ugh I wish I had known about this when I was dealing with my claim last spring. Spent so many hours just on hold or getting disconnected

Getting fired does NOT automatically disqualify you. Being discharged from a job actually places you in a better position than voluntarily quitting in most cases. California EDD will investigate the reason for the termination, but unless the employer can demonstrate genuine misconduct, most terminations result in approved claims. Your cousin should absolutely file — worst case she gets denied and can appeal.

ok that makes way more sense, I told her it wasn't automatic but she was convinced she wouldn't qualify. she's filing today

same thing I thought when I first got laid off. was shocked when I actually got approved lol

This is honestly news to me. I assumed if you quit you were just automatically out.

Nope! Very common misconception. I've seen people qualify after quitting due to a toxic work environment, hostile management, unsafe conditions — California has fairly broad good cause provisions compared to a lot of other states.

wait what counts as unsafe conditions exactly? like emotionally unsafe or physically?

Both can potentially qualify depending on how severe and documented the situation is. Physical safety violations are more straightforward but documented patterns of harassment, hostile work environment, or working conditions that jeopardize your health can also meet the threshold. You'd want documentation — incident reports, emails, medical records if applicable.

8 weeks is a long time without income. Did you have to keep filing weekly certifications during that whole period?

YES and this is so important — you MUST continue filing your weekly certifications even while your appeal is pending. If your appeal is successful, they can only pay you for weeks where you filed a certification. If you stopped filing, you lose those weeks permanently even if you win the appeal.

This is the most important thing in this whole thread honestly. File your weekly certs no matter what. I made the mistake of stopping when I got denied and lost like 6 weeks of back pay after winning my appeal.

Five weeks in adjudication is rough. If you genuinely can't get through by phone, check out Claimyr at claimyr.com — there's a walkthrough video at https://youtu.be/JmuwXR7HA10. It got me through to an actual EDD agent when I was in adjudication and couldn't reach anyone on my own. Adjudication sometimes just needs a human to push it along.

honestly at this point I'll try anything

adjudication and disqualification are two different things btw — adjudication just means they're investigating, you haven't necessarily been denied yet

My letter actually says 'Notice of Determination' at the top and lists an appeal deadline. So that's a formal disqualification right, not just pending adjudication?

Correct — a Notice of Determination with an appeal deadline is a formal decision. That's the document you appeal. The clock starts from the mailing date printed on the notice, not the date you received it, so check that date carefully.

I didn't know the clock started from mailing date not receipt date. That's actually really important, thank you

Actually this one is complicated in California. A failed drug test alone may not be sufficient to establish misconduct for EDD purposes — EDD looks at whether the employee was impaired on the job or violated a clear written drug policy they were aware of. Just failing a random drug test without evidence of on-the-job impairment has been challenged successfully in some appeal cases. That said, if there's a clear written policy and documented impairment, it's more likely to be upheld as misconduct.

ok wow that's way more nuanced than I expected

California employment law is generally more worker-friendly than most states so EDD tends to look at things with a bit more nuance than you'd expect

Constructive discharge — is that an actual legal term EDD recognizes?

Yes it's a real legal concept. Basically means your employer made conditions so bad that any reasonable person would have felt forced to leave. Hours cut from 40 to 12 is a classic example. EDD Administrative Law Judges absolutely recognize this.

Great example of why you should always appeal if something feels wrong. The initial determination is just one person's read on the facts — an ALJ will look much more carefully.

Constructive discharge cases can be some of the clearest wins in EDD appeals precisely because there's usually documentation — the new schedule, pay stubs showing the reduction, etc. Very concrete evidence.

Fraud disqualifications are significantly more serious. California EDD can disqualify you for 5 to 23 weeks depending on severity, and you'd be required to repay any benefits received during that period plus a 30% penalty on top of the overpayment amount. Intentional misrepresentation is treated completely differently from a simple eligibility question. If you're facing a fraud determination rather than a regular disqualification you may want to consult with an employment attorney before your appeal hearing.

yeah not me just a situation I heard about. that penalty on top sounds brutal

EDD is super aggressive about fraud claims these days after all the pandemic benefit fraud. they are NOT playing around

No, a disqualification on one claim doesn't permanently affect your eligibility for future claims. Each new claim is evaluated based on your most recent base period wages and separation circumstances. The exception would be a fraud disqualification which can carry extended disqualification periods, but a standard misconduct or voluntary quit disqualification applies only to that specific claim period.

that's a relief honestly. I was worried it was like a permanent mark

Nope! I've known people who were disqualified once and then successfully claimed benefits the next time they became unemployed. Completely fresh evaluation each time.

This is the third time I've seen Claimyr mentioned in this thread. Going to actually check out that video because I still cannot get through to EDD on my own.

Definitely worth looking at. When you can actually talk to an agent and find out what specific information triggered the disqualification, it makes your appeal SO much more targeted and effective.

honestly the inability to reach a human at EDD is like 50% of the problem. if you could just ask a quick question it would solve so much

Has anyone done the appeal without a lawyer and won? I'm kind of nervous about going into a hearing without representation.

Me! I represented myself and won. The ALJ was actually really helpful about explaining the process at the start of the hearing. It's a phone hearing, not an in-person courtroom thing, which makes it way less intimidating.

Same — did mine solo. As long as you're organized, have your documentation together, and can clearly explain what happened, you don't need legal representation for most standard misconduct or voluntary quit cases.

Free legal aid organizations will sometimes help with EDD appeals too if you're really nervous about going alone. California has a few nonprofits specifically focused on unemployment insurance cases.

Can the employer bring a lawyer to the appeal hearing? Because that seems really unbalanced if they can and I can't.

They can, and some employers do use HR reps or attorneys. But ALJs are specifically trained to ensure the process remains fair even when one party has representation and the other doesn't. The evidentiary standards are also different from civil court — hearsay is actually admissible in CUIAB hearings, which often helps unrepresented claimants.

Yeah the ALJ is not the same as a judge in a regular court. They're more inquisitorial — they'll actually ask questions to develop the record rather than just letting the lawyers argue. Most claimants find it much more manageable than they expected.

File that appeal as soon as possible and don't stop filing your weekly certifications. Those two things are the most important steps right now. Good luck — misconduct cases are very winnable when the employer's characterization of events doesn't match the legal definition.

filing the appeal tomorrow morning. and yes will keep doing weekly certs. thank you everyone

This is great news. Documentary evidence that directly contradicts the employer's claimed warnings is exactly the kind of thing that wins appeals. Best of luck at your hearing.

So glad you got through! And yeah knowing what the employer actually claimed makes all the difference when you're preparing your side of the story.

Rooting for you! Come back and update us after your hearing.

attendance records + emails proving no formal warnings = strong case. you've got this