Is Being Late for Work Considered to be Misconduct

My question involves unemployment benefits for the state of: California

I was told my claim was denied because I was "late to work without permission" which met the legal requirements of section 1256. Which basically states if someone quit voluntarily or was fired for misconduct. My question is, is misconduct which I believe is my behavior, circumstantial to my denial of unemployment? Because I obviously did not quit voluntarily I was fired.

Please help, thank you(:

Being late to work can be construed as misconduct. Misconduct is a valid reason to deny your unemployment claim.

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Quoting DallasA

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I was told my claim was denied because I was "late to work without permission"

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If you need the money, appeal it. Latimes article is that 55% of denials in CA get overturned on appeal. The employer will have to prove that you were late, and that you didn't have permission. Also, one time doing that even if it's true is a stretch for misconduct. If it had said "repeatedly" in at least two times or more, I could buy that because after the first time, you'd have been told, "do that again, and you're out of here," but the first time, it makes me think you had an overzealous adjudicator.

Submit the appeal with "the determination dated mm/dd/yy is wrong. I want an appeal hearing sceduled," and let the employer prove their case in front of an ALJ.

And your assumption that the OP was only late to work once is based on what?

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Quoting cbg

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And your assumption that the OP was only late to work once is based on what?

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It wouldn't matter either way. Here's a much worse sounding story regarding tardieS http://www.city-data.com/forum/unemp...ow-appeal.html

This person is in CA. He has an excellent chance of winning on appeal. That is just how these things work out there.

That may be. Doesn't change the fact that in general, poor attendance is a valid reason for denial. As with all unemployment claims, facts matter, but since we have none we can only provide general information.