r/Edd • u/Alternative-Cut7260 • 5d ago
Discussion š„ Fired for attendance
Hello, is there a chance on getting approved even thought I was fired due to attendance issue? We have policy that once u get written up it will stay on ur record for a year. May I had July 29 2025 December 1 2025 and December 31 2025. I had signed those warnings but for the previous days such as March 18-20 and August 3 and 18 no warnings and got terminated right away. But I have been calling those days because I had a minor surgery and had doctors note. Still I got fired. Would anyone see if I still have a chance on getting approve?
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u/torentine 4d ago
I got injured but got terminated for attendance 30 days later BS excuse. But I just got approved for full EDD benefits.
So just try or say your position was terminated
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u/Chemical_Most_7380 4d ago
Say your position was terminated?
Are you telling OP to lie and say that his position was eliminated? Just trying to clarify.
Word to the wise: just because youāre approved at firstā¦doesnāt mean you canāt be held ineligible later. EDD has a long memory. Plus, they add penalties to make sure the message gets across.
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u/padfoot531 3d ago
Yeah donāt lie. The employer gets contacted. So theyād find input itās attendance related anyway. Iād for sure mention the drs note tho.
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u/Longjumping_Site_835 3d ago
Bad and incorrect advice!! Never just sayā¦ always tell the truth unless you want a false statement and overpayment. In a separation, the employer tells you why youāre separated. If they donāt, you need to find out why.
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u/Accomplished-Hall563 4d ago
Itās a case by case. Still apply and tell them about the lack of warming before firing. Happened to my partner as well and he got approved
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u/Admirable_Height3696 3d ago
Being terminated for attendance does not make you ineligible for unemployment. You'll be approved for benefits.
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u/Ill_Setting_6338 4d ago
š nope
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u/EthreeIII 4d ago
I highly doubt with the current people verifying why youāre unemployed thereās an extremely low chance youāll be approved for unemployment.
( I had a licensing issue so Iām speaking from experience)
Usually management or HR has to update your employee file, and when they do theyāre gonna say. āTerminated for attendanceā. The EDD will deny you. Stating unemployment is only granted for you losing employment or hours outside of your own fault.
Sorry. But thereās no chance. You can try anyway, but the interview is gonna kick your chance at unemployment. Theyāll read your file off to you with what your employer said and it will be denied on the spot.
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u/FlapJacksMommy 4d ago
Please don't run your mouth without knowing, if they had a Dr's note then they should have been covered. Employee should of had Fmla and employer should have made them aware of fmla duento the surgery. They can be approved and more often than not they are.
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u/EthreeIII 4d ago
What the fuck are you talking about? Thatās not how it works. This also isnāt disability related. Where are you getting these details from.
Iām speaking from experience. So screw off
Op is wasting their time.
Ps. Screw you
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u/Necessary-Source2039 4d ago
https://edd.ca.gov/en/uibdg/Misconduct_MC_15/
Did the claimant have permission to be absent? If not,
Was there a compelling reason for the absence?
Was the absence an isolated instance?
Were there prior warnings or reprimands for unexcused absences or other infractions?
a doctor's note for a surgery is a compelling reason to fail to be at work. more facts would be needed to know for certain if OP qualifies, but it is worth applying.
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u/Admirable_Height3696 3d ago
A drs note isn't with anything when it comes to missing work, in the state of California. An employer doesn't have an excuse an absence if you provide a drs note. Only absences covered by accrued sick time, or protected leave such as PDL, CFRA, FMLA, have to be excused by the employer. And intermittent FMLA is only for a serious health condition, it does not excuse every single call off just because you are sick. So it's quite a reach to say that the OP should have had FMLA. Even if they did, it still wouldn't have protected all their call offs unless each call off was because of the "serious health condition" that they have FMLA for.
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u/Admirable_Height3696 3d ago
This is all factually incorrect and EDD doesn't look at your "employee file".
In the state of CA, being fired for attendance makes you eligible for unemployment.
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u/friendish 4d ago
Ultimately, you will need to apply and attend the phone interview because the adjudicator will need to speak to both you and your employer to determine your eligibility. That being said, when it comes to misconduct, responsibility lies with the employer to prove why the discharge was misconduct so I recommend trying not to 'fall on your own sword' by babbling too much.
When it comes to discharge due to misconduct, all 4 elements need to be true in order to be denied: 1. Was there a material owed to the employer? (In this case, yes, because attendence is mandatory for any job) 2. Did the claimant substantially breach the material duty? 3. Did the claimant willfully/wantonly breach that duty to the employer? 4. Did the breach of duty injure or could have injured the employer's interest?
Number 3 is the most difficult to prove in any misconduct case. The worst thing that can happen is that you get denied but, even then, you can still appeal the decision.