Hello and welcome back, Ben. I am very sorry to hear you were let go and about your denial of UI benefits.
The question here is whether your tardies rose to the level of "misconduct." A finding of misconduct is what would be necessary to deny unemployment benefits. Here is what the EDD has to say about when tardies rise to the level of misconduct:
Given this obligation on the part of the employee and the standard of punctual behavior the employer has the right to expect, tardiness is misconduct if, as stated in Title 22, Section 1256-40:
It results in a substantial breach and disregard of the duty owed to the employer and shows a wilful or wanton disregard of and injures or tends to injure the employer's interests, such as any of the following circumstances:
- Repeated inexcusable tardiness to work despite a recent warning that inexcusable tardiness may result in discharge.
- An instance of inexcusable tardiness considered in conjunction with violations of other employer standards and prior reprimands or warnings for those violations.
- A single instance of inexcusable tardiness which causes reasonably foreseeable substantial injury to the employer's interests.
If the discharge is due to tardiness, it is therefore necessary to ask the following questions:
- Did the claimant have a compelling reason for the tardiness? (If there was a compelling reason, the tardiness is excusable.)
- Was the tardiness an isolated instance?
- Would the tardiness only have minor consequences or would the tardiness cause foreseeable substantial injury to the employer's interests?
- Were there prior warnings or reprimands for tardiness or other violations of employer standards?
I am going to assume that you cannot present a "compelling reason" for your tardies, and also that the tardies were somewhat numerous. That leaves arguments that the tardies only had a minor consequence on your employer and that there were not sufficient prior warnings. This is what an individual in your circumstance would need to focus on in your EDD appeal. If you can argue that your tardies did not substantially affect your employer and that the "little blurb" in your review about being late was not a sufficient warning, then you can very likely get your denial of benefits overturned.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.