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Will my husband qualify for EDD after being put on admin leave for 7 minutes of time clock dispute?

I'm freaking out over our situation!! My husband just got put on administrative leave from his warehouse job over what seems like NOTHING. Here's what happened - he arrived at work but forgot to clock in immediately. He manually entered 8:30am as his start time later that day. His supervisor claims in her notes that he actually arrived at 8:41am and is accusing him of 'time theft' even though they supposedly have a 10-minute grace period policy! The craziest part is she APPROVED his timesheet with 8:30am but then made some note about him being late? We're pretty sure they're building a case to terminate him. If this happens, will EDD consider this misconduct and deny him benefits? It's literally over 11 minutes and we have a mortgage and two kids. Has anyone dealt with something similar? Do we need a lawyer? I'm losing sleep over this whole mess.

Chloe Wilson

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First off, take a deep breath. EDD doesn't automatically deny benefits for every termination. The key is whether it's considered "misconduct" under unemployment rules. Time clock issues can be tricky but a single minor time clock error (especially with an existing grace period policy) often isn't enough to be considered misconduct that would disqualify someone from benefits. If they do terminate him, he should: 1. Apply for unemployment immediately regardless of the reason given 2. Be completely honest in his application about what happened 3. Appeal if denied initially (many claims are denied first round but approved on appeal) 4. Document everything - the grace period policy, his side of the story, any witness statements I went through something similar last year and ultimately received benefits after explaining the situation in my eligibility interview. The EDD rep told me that simple mistakes or misunderstandings don't usually rise to the level of misconduct that disqualifies you.

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Omar Fawzi

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Thank you so much!! this helps calm me down a bit. Do you know how long the eligibility interview process took for you? I'm worried about how we'll manage if there's a long gap between termination and benefits kicking in.

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Diego Mendoza

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OMG companies are just looking for ANY reason to get rid of people these days!!!! I got fired from my retail job because I was 5 MINUTES late coming back from lunch and they called it "job abandonment" can you believe that??!! EDD denied me at first but i fought it and WON my appeal because their policy actually allowed a 15-min grace period that my manager conveniently "forgot" about. DEFINITELY have your husband apply for EDD even if they say he's fired for cause. The worst thing is they deny you but you can ALWAYS appeal!!! Make sure he mentions the grace period policy in his application!!!!!

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Omar Fawzi

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That's so unfair what happened to you! But good to know you won your appeal. I'll make sure my husband mentions the grace period policy. Did you have any documentation of your company's policy or did you just explain it during the appeal?

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this kinda sounds like they were already looking for a reason to let him go tbh. companies sometimes build these little "cases" when they wanna do layoffs without paying severance. my cousin works in HR and says this happens all the time

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StellarSurfer

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Let me clarify some key points about EDD's approach to these situations: For unemployment purposes, misconduct has a specific legal definition - it must be a substantial breach of duty to the employer that shows a willful disregard for their interests. A single minor timekeeping error typically doesn't meet this standard, especially if there's an established grace period. Here's what matters for your husband's potential claim: 1. Was this an isolated incident or part of a pattern? 2. Did he knowingly violate a policy he was aware of? 3. Was he previously warned about similar issues? 4. Can he document the grace period policy? In your case, even if they terminate him, he has strong arguments for benefits: it's a minor discrepancy, there's an existing grace period, and the supervisor actually approved the time entry. If he is terminated, he should apply immediately, clearly explain the situation in his application, gather any supporting documentation, and prepare for a potential phone interview with EDD. During that interview, he should calmly explain exactly what happened without being defensive or angry about the employer. Even if initially denied, many claimants win on appeal when the administrative law judge reviews the full facts.

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Omar Fawzi

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This is incredibly helpful information, thank you so much! This was definitely an isolated incident - he's been with the company for 3 years with no disciplinary issues at all. The grace period is in their employee handbook, which we still have a copy of. I'm feeling a bit more hopeful now.

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Sean Kelly

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my wife went thru similar BS last year. they fired her over "performance issues" that were never documented before. EDD kept saying her claim was pending forever and we couldnt get anyone on the phone for weeks!! finally used a service called Claimyr (claimyr.com) that got us connected to an EDD rep right away. the rep told us they needed more info from the employer. they did a phone interview and approved her claim like 2 days later. check their demo video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km saved us so much hassle

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Zara Malik

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Does that service actually work? I've been trying to get through to EDD for 3 weeks and keep getting the "maximum callers" message every single time I call.

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Sean Kelly

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yeah it worked for us. got through in like 25 mins when we had been trying for almost 2 weeks on our own. worth it when ur desperate

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Luca Greco

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I have to be the voice of caution here. Time theft is considered misconduct by many employers AND by EDD in some cases. It really depends on the company policy and how they present the case to EDD. If they can prove he deliberately falsified his time (vs. just made an honest mistake), it could potentially be disqualifying. However! I agree with others that he should 100% still apply. The burden is on the employer to prove misconduct, and they'd need to show it was more than a simple error. The fact that there's a grace period AND the supervisor approved the time works in his favor. Be prepared for a possible initial denial though - EDD sometimes sides with employers on first review before all facts are presented. The appeal hearing is where you get to really present your case with evidence. Almost 40% of denials get reversed on appeal.

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Omar Fawzi

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Thanks for being honest about the possibilities. I'm trying to prepare for all scenarios. Do you know if he needs to keep looking for work while waiting for an appeal decision? Or does that only start after approval?

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Luca Greco

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Yes, he should absolutely be looking for work and documenting his search efforts even during the appeal process. If he wins the appeal, EDD will want to see that he was meeting the work search requirements during that time. Make sure he logs all job applications, interviews, networking, etc. Better to have documentation you don't need than to miss out on backdated benefits because you can't prove work search activities.

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Zara Malik

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I process payroll for a living and deal with this stuff all the time. Here's what I've seen from both sides: 1. The time clock dispute itself is probably not enough to disqualify him from benefits. EDD usually considers this a minor issue unless there's a pattern of abuse. 2. The administrative leave is concerning though - companies typically only do this when building documentation for termination OR if there's an investigation into something more serious. Has he checked if there are other issues they might be combining with this? 3. The supervisor approving the time while noting a discrepancy is actually helpful to his case. It shows there wasn't clear agreement even within the company about whether this violated policy. If he does get terminated, he should immediately file for UI benefits. Be factual in the application - don't get emotional or blame the employer. Just state: "I was terminated after a dispute about a time clock entry. The company claimed I arrived at 8:41 but entered 8:30, however there is a 10-minute grace period policy." Simple, factual, no accusations. Also important: California is an at-will employment state, so they can terminate for almost any reason, but that doesn't mean he can't get benefits. The standards for denial of UI are much higher than the standards for termination.

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Omar Fawzi

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Thank you for this perspective from someone who deals with payroll! As far as we know, there aren't other issues - his last performance review was actually really positive. But I'll ask him to think about whether there might be something else going on we're not aware of. The factual approach for the application makes a lot of sense.

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just wondering... does he belong to a union? cuz if he does they might be able to help with this whole mess

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Omar Fawzi

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No, unfortunately it's not a union job. That would make things so much easier right now!

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Chloe Wilson

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One more tip I forgot to mention - if he does get terminated and applies for benefits, he'll likely get a phone interview scheduled with EDD. These are REALLY important and can make or break his claim. Make sure he's available at the scheduled time (they usually only try once or twice), have all documentation ready, and be clear but brief in his explanations. The EDD interviewer will be taking notes and asking specific questions about the circumstances of separation. Also, the EDD phones are completely overwhelmed right now. When my claim had issues last year, I tried calling for weeks with no luck. I finally used Claimyr (claimyr.com) and got through to a rep who fixed my claim status in minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was such a relief after weeks of stress and busy signals. Just mentioning it in case you run into phone troubles like I did.

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Omar Fawzi

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Thanks for the tip about the phone interview! I'll make sure he knows how important it is to be prepared and available. And good to know about that service - the EDD phone system seems impossible to get through based on what friends have told me.

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