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Old 09-07-2010, 04:06 PM
 
Location: SRQ
4,176 posts, read 8,001,775 times
Reputation: 1485
Quote:
Originally Posted by chelebelle View Post
It's a common misconception that you can't get unemployment when you are fired. That's just not true. The term "willful misconduct" has to apply.....and that means telling off your supervisor, drinking on the job, being late continually, etc. Because someone does not have the required "skill" to do the job does not necessarily disqualify them for unemployment. In fact, rarely does it. Unless they lied or something.
The only other issue that I called in sick twice. They did mention that after first stating that "they had to let me go" because of the phone issue. I was on a 90 day probationary time period....my girlfriend was let go of her cashiering job & did get unemployment.

I don't believe I did anything wrong in respect to "willful misconduct."?

It's strange about the phone thing because for five years I was constantly on the phone when I was working previously full time as well as part time with volunteer management in local events...so the phone thing just kinda seemed lame but did happen to be the first issue that was mentioned. I never received any warnings either...just the good old 5 p.m., we have to let you go...

Looked up willfull misconduct & it doesn't look like I fall into any of the categories mentioned.

Last edited by Ladywithafan; 09-07-2010 at 04:15 PM..
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Old 09-07-2010, 04:37 PM
 
140 posts, read 345,547 times
Reputation: 71
Quote:
Originally Posted by Ladywithafan View Post
The only other issue that I called in sick twice. They did mention that after first stating that "they had to let me go" because of the phone issue. I was on a 90 day probationary time period....my girlfriend was let go of her cashiering job & did get unemployment.

I don't believe I did anything wrong in respect to "willful misconduct."?

It's strange about the phone thing because for five years I was constantly on the phone when I was working previously full time as well as part time with volunteer management in local events...so the phone thing just kinda seemed lame but did happen to be the first issue that was mentioned. I never received any warnings either...just the good old 5 p.m., we have to let you go...

Looked up willfull misconduct & it doesn't look like I fall into any of the categories mentioned.
Well unless you called in sick twice in a week and you only worked there for a week, I could see a problem. But it doesn't sound like this is willful misconduct to me. You'll have to wait for them to make that determination, unfortunately. If they disqualify you then appeal it. You would most likely win that based on what you've told us here. Try not to worry.
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Old 09-07-2010, 04:58 PM
 
Location: SRQ
4,176 posts, read 8,001,775 times
Reputation: 1485
Quote:
Originally Posted by chelebelle View Post
Well unless you called in sick twice in a week and you only worked there for a week, I could see a problem. But it doesn't sound like this is willful misconduct to me. You'll have to wait for them to make that determination, unfortunately. If they disqualify you then appeal it. You would most likely win that based on what you've told us here. Try not to worry.
Thank you! No not sick in the same week thank god!
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Old 09-07-2010, 04:59 PM
 
Location: SRQ
4,176 posts, read 8,001,775 times
Reputation: 1485
The other thought is should I call my xjob & let them know that they'll be hearing from the unemployment? Since I only worked a month, it obviously won't fall on them due to my previous lay off? Or just keep my fingers crossed?
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Old 09-07-2010, 06:02 PM
 
126 posts, read 124,684 times
Reputation: 157
Quote:
Originally Posted by chelebelle View Post
It's a common misconception that you can't get unemployment when you are fired. That's just not true. The term "willful misconduct" has to apply.....and that means telling off your supervisor, drinking on the job, being late continually, etc. Because someone does not have the required "skill" to do the job does not necessarily disqualify them for unemployment. In fact, rarely does it. Unless they lied or something.
Thanks for clearing that up. Sounds like Lady will be all good once the dust settles.
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Old 09-07-2010, 07:39 PM
 
7,690 posts, read 7,990,131 times
Reputation: 10233
Quote:
Originally Posted by AnnK78 View Post
Thanks for clearing that up. Sounds like Lady will be all good once the dust settles.
I hope so, but FL is a "right to work" state. I have lived in CA for many years and now FL, and it is very different when comes to laws protecting the residents.

From consumer laws, to road safety, to job rights, a whole different ballgame.

FL is a VERY BACKWARDS state.
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Old 09-07-2010, 07:55 PM
 
140 posts, read 345,547 times
Reputation: 71
Quote:
Originally Posted by seain dublin View Post
I hope so, but FL is a "right to work" state. I have lived in CA for many years and now FL, and it is very different when comes to laws protecting the residents.

From consumer laws, to road safety, to job rights, a whole different ballgame.

FL is a VERY BACKWARDS state.
I used to live in Florida too and I agree with you there. But California is a screwed up mess....LOL

I did do a quick glance at the Florida law before I posted and I"m pretty sure what I wrote is accurate. Of course I'm sure the OP will do her own research.
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Old 09-07-2010, 08:32 PM
 
7,690 posts, read 7,990,131 times
Reputation: 10233
Quote:
Originally Posted by chelebelle View Post
I used to live in Florida too and I agree with you there. But California is a screwed up mess....LOL

I did do a quick glance at the Florida law before I posted and I"m pretty sure what I wrote is accurate. Of course I'm sure the OP will do her own research.
Oh CA has issues. But in regards to looking out for the resident CA wins hand down.

Been in FL 3 years( after over 20 in CA) and am amazed at how backwards it is. Very anti-union state, state is on the side of the employer and not the employee.

And you can get fired at the drop of a hat and have no recourse.

I was in a Subway the other night and the two girls working told me they have to clock out at 11pm but don't get out of work until 12:30am, I told them that is illegal. I said what happens if you slip and fall at 11:45pm?

They were afraid to speak up and didn't even think about what happens if they get injured.

Same thing in the supermarket the cashier told me she had worked 5 hours and no break. I know in CA after 4 hours you're entitled to a 15 minute paid break.

That wouldn't fly in CA. It is almost like another country.
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Old 09-07-2010, 09:26 PM
 
140 posts, read 345,547 times
Reputation: 71
Oh sure it would fly in California. You only have to get more people to speak up about it rather than fear for their jobs. It's really sad when people don't stand up for their rights. I grew up here in Cali, left for Florida for about 4 years. I HATED Florida so I certainly understand where you're coming from Seain! But for the 2 years I've been unemployed here in Cali, I'm souring on this state too.

Regardless--- I sure hope that they give this poor gal her unemployment!!
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Old 09-07-2010, 10:28 PM
 
126 posts, read 124,684 times
Reputation: 157
Quote:
Originally Posted by chelebelle View Post

Regardless--- I sure hope that they give this poor gal her unemployment!!
Yes, please let us know how it works out!
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