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Old 02-09-2012, 01:39 AM
 
Location: SoCal
2,739 posts, read 3,568,985 times
Reputation: 1765

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So I was fired on 1/24. I went into detail here.

So, I got fired today!

Quote:
I basically got fired because I didn't have enough work to do. I had a company car with a GPS device and they caught on. I usually had enough time during my lunch break to go to the gym and then some extra time after that.

However, I know for a fact several coworkers also do things they aren't suppose to do while on the clock. I know many of them go shopping and run other errands. Not saying I didn't but I know many of did as well.

The manager which I didn't get along with at all is switching departments next week. To my knowledge, I'm the only one that got fired. I talked to HR right after getting fired and advised them I feel like the manager is targeting me solely because I was vocal at some of the team meetings. If they used the GPS device info on everyone, I wouldn't be the only one getting fired.

I was never given a warning and I advised them several times I don't have enough work to do. Other coworkers were forced to use their vacation time when they didn't have enough work to do.

Now, during my interview I didn't state I went to the gym. I didn't lie but I didn't include it. I stated I would go to a park or shopping center which is also true but I didn't do that as often.

I spent 30 minutes on the phone and made sure I stated several times I never received a warning. She asked for a different number and I gave her the HR rep I talked to after. I was extremely friendly and got along with the HR rep very well.

The UI rep stated I'll get a letter in the mail in about 10 days. I personally know people who are getting it for excessive absence and tardiness. I qualify for the max which will cover the mortgage and utilities.

In your opinion, what do you think my chances are of getting it? It's going to be a long couple of weeks...
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Old 02-09-2012, 10:40 AM
 
Location: Wisconsin
14,380 posts, read 19,160,414 times
Reputation: 6878
You will receive a misconduct penalty for sure. It will consist of either a waiting period of a probably at least five weeks before you can receive benefits - or - you will be required to return to work and earn a specified $$ before you will be paid on this claim. I don't think you will receive an outright denial.

Since you are in CA, this thread may interest you:

was fired and denied unemployment, got seasonal job, made 5 times my weekly benefit and then laidoff. can i collect?

Let us know what happens.
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Old 02-09-2012, 11:36 AM
 
4,170 posts, read 4,773,880 times
Reputation: 850
For any one else reading this thread, when you are discharged, the correct answer to a deputy is always "no reason was given" when you are verbally fired. When the company gives you a letter, you simply submit that as your response. You don't want to say anything because it seems that no matter how you slant it, it just seems to add credibility to what the employer says that will always be slanted against you.

Example: My friend was fired. His termination letter said in essence, "as a yearly contracted employee, we chose not to renew your contract for the following year." In a letter with questions for the deputy determination, it asked "why were you terminated?" I told him to just attach the termination letter, but he felt obligated to tell them that he had a tardiness problem. Well, he disqualified himself with his own words. The employer's response had been, "we chose to replace him with someone else."

It's all about proof whether the employer provides it, or you do it for them.
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Old 02-09-2012, 12:47 PM
 
Location: SoCal
2,739 posts, read 3,568,985 times
Reputation: 1765
Quote:
Originally Posted by Chyvan View Post
For any one else reading this thread, when you are discharged, the correct answer to a deputy is always "no reason was given" when you are verbally fired. When the company gives you a letter, you simply submit that as your response. You don't want to say anything because it seems that no matter how you slant it, it just seems to add credibility to what the employer says that will always be slanted against you.

Example: My friend was fired. His termination letter said in essence, "as a yearly contracted employee, we chose not to renew your contract for the following year." In a letter with questions for the deputy determination, it asked "why were you terminated?" I told him to just attach the termination letter, but he felt obligated to tell them that he had a tardiness problem. Well, he disqualified himself with his own words. The employer's response had been, "we chose to replace him with someone else."

It's all about proof whether the employer provides it, or you do it for them.

The letter stated "broke company ethnics" which sounds awful. I needed to explain the situation.
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Old 02-09-2012, 05:14 PM
 
4,170 posts, read 4,773,880 times
Reputation: 850
Ethics?

Read about ethics here Ethics - Wikipedia, the free encyclopedia

What some people think is right other think is wrong. But in truth both can be right or wrong depending on who is doing the evaluating. That is NOT misconduct. That'd have to detail exactly what you did and provide first hand proof. For all you know those GPS records might self pruge once a week, and the proof would be long gone. "Broke company ethics" is right up there with "had performance issues," or "violated a company rule." They'd need more than that.

An example of an ethical question is that you see a man on a railway track with his foot wedged between the ties fervishly trying to escape, by throwing a switch you can cause the on coming training to avert killing the man by changing it's route. Do you switch pull the switch? What if by doing so, you doom all the passengers to a most certain death? Ethics is really deep and obscure stuff that has no place in a UI decision.
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Old 02-09-2012, 07:04 PM
 
Location: Barrio Logan/Shelltown
8,844 posts, read 12,557,840 times
Reputation: 4769
When I was terminated, my phone interviewer asked me if I knew that was going to be terminated. I felt like saying, "get real!"
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Old 02-11-2012, 10:43 AM
 
180 posts, read 213,136 times
Reputation: 103
Quote:
Originally Posted by Chyvan View Post
For any one else reading this thread, when you are discharged, the correct answer to a deputy is always "no reason was given" when you are verbally fired. When the company gives you a letter, you simply submit that as your response. You don't want to say anything because it seems that no matter how you slant it, it just seems to add credibility to what the employer says that will always be slanted against you.

Example: My friend was fired. His termination letter said in essence, "as a yearly contracted employee, we chose not to renew your contract for the following year." In a letter with questions for the deputy determination, it asked "why were you terminated?" I told him to just attach the termination letter, but he felt obligated to tell them that he had a tardiness problem. Well, he disqualified himself with his own words. The employer's response had been, "we chose to replace him with someone else."

It's all about proof whether the employer provides it, or you do it for them.
Hmmmm, I was fired for being sick. The store manager told me it was because of absenteeism due to the length of my condition (3 weeks). This is basically what I said on my Discharge Questionaire. Of course I had 3 letters from my GP and my Specialist including a work release with no restrictions. I never recieved any warnings whatsoever, in fact I was told to come back to work. When I got to work, I was called into HR and was terminated by the store manager. I don't think "No reason given" would have been the appropriate answer in my case. I also stated that I called them mullitple times a week and kept them updated on my condition and made it clear that I made every effort to keep my job. My company told me they have no intentions of contesting.

I believe the more honest you are with them, the more unemployment will be willing to work with you.
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Old 02-11-2012, 12:25 PM
 
4,170 posts, read 4,773,880 times
Reputation: 850
My advice still stands. If the company is truly not going to contest, you could have said you were laid off or discharged for no reason. I think a company that says they won't contest, doesn't even return the questionnaire.

However, you don't know how they're not going to contest, nor do you know that what they told you about absentism is really what they are going to tell the state.

Now, you had really good paperwork from a doctor. But let's say as happens in some illnesses, you didn't bother to go. By raising the illness issue on your own, you put yourself at a disadvantage needlessly.

The unemployment people do not "work with you." They are trying to make sure that they don't give you benefits unnecessarily, and they err on the side of NOT paying you.

Quote:
Originally Posted by Gabriel.S View Post
My company told me they have no intentions of contesting.
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Old 02-11-2012, 12:55 PM
 
180 posts, read 213,136 times
Reputation: 103
Quote:
Originally Posted by Chyvan View Post
My advice still stands. If the company is truly not going to contest, you could have said you were laid off or discharged for no reason. I think a company that says they won't contest, doesn't even return the questionnaire.

However, you don't know how they're not going to contest, nor do you know that what they told you about absentism is really what they are going to tell the state.

Now, you had really good paperwork from a doctor. But let's say as happens in some illnesses, you didn't bother to go. By raising the illness issue on your own, you put yourself at a disadvantage needlessly.

The unemployment people do not "work with you." They are trying to make sure that they don't give you benefits unnecessarily, and they err on the side of NOT paying you.
Yeah, that's the thing, I don't trust big companys which is why I stated absenteeism rather than laid off. I also sent them all the Doctors notes along with the release to work letter.

I agree with you, if you really are sick, go to your Doctor and get that note, You will need it!

I'm still getting conditional payments until they make a decision on my case but am very hesitant to cash any them.

I'm hoping this goes pretty smooth like since I was not terminated for Misconduct, Gross misconduct or Willful or Wanton Disregard. I spoke to an unemployment specialist, she looked at my file including the doctors notes and my discharge questionaire and basically told me that most denials stem from these 3 factors and my case doesn't appear to fall under either of them.

My case I'm guessing would fall under Willful or Wanton Disregard: One of which is, Repeated and Inexcusable Absenses. My absence was hardly inexcusable.

God.....I wish I could just land a decent full time job already and not have to worry about all this cr@p!

Last edited by Gabriel.S; 02-11-2012 at 01:26 PM..
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Old 02-12-2012, 11:32 AM
 
8,059 posts, read 8,661,670 times
Reputation: 11349
Quote:
Originally Posted by Chyvan View Post
My advice still stands. If the company is truly not going to contest, you could have said you were laid off or discharged for no reason. I think a company that says they won't contest, doesn't even return the questionnaire.

However, you don't know how they're not going to contest, nor do you know that what they told you about absentism is really what they are going to tell the state.

Now, you had really good paperwork from a doctor. But let's say as happens in some illnesses, you didn't bother to go. By raising the illness issue on your own, you put yourself at a disadvantage needlessly.

The unemployment people do not "work with you." They are trying to make sure that they don't give you benefits unnecessarily, and they err on the side of NOT paying you.
In the case of the OP they're going to contest. The OP had a company car with GPS and ran errands and went to the gym on company time.
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