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Old 10-22-2013, 08:17 PM
 
14 posts, read 44,670 times
Reputation: 12

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Hey guys,

Im in Ca. On 9/13 I was terminated from my job where I worked for over a year. My boss said that he felt like I "don't care about the job and I need to do something else in life, but for official reason he listed "excessive absenteeism and tardiness". That day I had been late to the morning meeting for about 5 minutes due to an accident on the freeway, of which I notified the management well before the work started.

Anyways, I filed for unemployment and had my phone interview today. The interviewer told me that my employer is claiming "excessive absenteeism" and not even tardiness for the reason why they terminated me!

I was never excessively absent and always showed up to work. I told the interviewer that I have no idea why my employer is listing this as official reason. I was absent at most one or two times within the last 3 months, due to being sick.

Interviewer told me that they will contact the employer once again to verify what's going on and that I will be notified of the decision within 7-10 days. Does this pretty much mean that I'm disqualified? However, I just don't see how my former employer can show that I was excessively absent.

Any inputs? Thanks.
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Old 10-23-2013, 12:50 AM
 
9,602 posts, read 13,733,939 times
Reputation: 1712
No, it just means that the UI people will get more information from the employer. If the employer fails to provide it, you can still get benefits.
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Old 10-23-2013, 04:06 PM
 
14 posts, read 44,670 times
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Thanks for the reply Hope I didn't screw up the interview. Wish I had found this site sooner
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Old 10-23-2013, 07:30 PM
 
1,265 posts, read 2,422,144 times
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Your manager could have picked some mild termination reason like "poor job fit" or something. Instead he lies about your attendance?! What a jerk!
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Old 10-24-2013, 05:10 PM
 
14 posts, read 44,670 times
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Quote:
Originally Posted by LOL_Whut View Post
Your manager could have picked some mild termination reason like "poor job fit" or something. Instead he lies about your attendance?! What a jerk!

Yeah, totally ridiculous. And I was always cool with him. I understand business is business and he's not my friend, but why say that I didn't show up to work is just beyond me.

Now if the company decides to fabricate proof that I was absent, how would I be able to contest it? I imagine they could easily change timecards or something. Arghh
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Old 10-24-2013, 08:22 PM
 
9,602 posts, read 13,733,939 times
Reputation: 1712
Hopefully, you have paystubs that show that you were paid for an amount of time that conflicts with their timesheets.
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Old 10-29-2013, 04:29 PM
 
14 posts, read 44,670 times
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Quote:
Originally Posted by Chyvan View Post
Hopefully, you have paystubs that show that you were paid for an amount of time that conflicts with their timesheets.
Yes, I have the one for September which shows over 60 hours for 8 days of work, and one for August, which shows around 220 hours for August.. I just don't get it why they are claiming excessive absenteeism.

On the other note, it's been a week since my interview. Yesterday I got another continued claims form in the mail, but no determination. Does it mean that no decision has been made so far ?

meh, waiting and not knowing is the toughest part.
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Old 10-29-2013, 09:26 PM
 
9,602 posts, read 13,733,939 times
Reputation: 1712
In CA, the first clue that you're getting benefits is that money shows up on your debit card. That happens before you ever get the letter.
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Old 10-30-2013, 04:00 PM
 
14 posts, read 44,670 times
Reputation: 12
So I just got a letter of denial, saying that I was discharged for "attendance problems". No further explanation was given. Apparently that's what my former employer told EDD.

I have paystubs showing that I worked well over 200 hours in August, equaling out to more then 10 hours per day for a 5-day work week, and also have the paystub (last one) from September, showing that I worked 64 hours in 8 days. I had also never received any kind of warning before.

The clock in system there is flawed, often inaccessible, and not strictly followed, because the pay is either hourly or commission based (whichever one is greater, and usually commission is greater). At the end of each pay period, the finance manager there would fix our time cards, because often there would not be time to take a lunch break or even use the clock in system due to work. I have paperwork that shows supervisor's over ride for the time cards.

Should I appeal the decision? What are my chances?

Thanks for any input.
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Old 10-30-2013, 04:27 PM
 
Location: Wisconsin
19,547 posts, read 37,254,648 times
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Appeal it, of course. What have you got to lose? People win appeals in CA all the time. Of course, appeal.

The initial interview will usually often find for the employer. You can persist and possibly win, or do nothing and get nothing.

At this point it was he said/she said. Were you able to present any evidence contradicting their statements, at all?

Your chance to rebut and present evidence contradicting your employer is at the appeal. Fortunately, for you, CA doesn't take to long to schedule these. Getting payment, however, is another matter, entirely.
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