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So I was wrongfully terminated from my job on May 30th of this year. At that point I had only worked in CA since end of January, but made enough to have no issues with getting UI. The fired me from my sales job for performance which I know doesn't deny me UI.
I was told by someone, that I would have to wait until after July 6th I believe until I can file for CA UI because I was living in another state last year and didn't work and no income.
So I find a job start this week, but already this place has lied to me about the real deal and I am seeing red flags a lot after a few days.
Am I jeopardizing my UI for what appears to be not a good job that I just started. If I quit after being there a few weeks will CA deny my UI claim from the earlier job termination that qualified for UI?
I sorry if that confusing I am running a 11 hour day on 4 hours of sleep. Thank you very much for your help in advance.
UI eligibility is determined by your LAST employer, and sometimes there is a spill over to your second to last employer, but you will never get UI if your LAST employer is a disqualifying separation.
It doesn't matter how many red flags you see or that the employer lied. What you need is proof to establish a good cause quit and you provided zero details to determine if there is anything of substance.
Also, don't throw "wrongfully terminated" around. It has a legal definition, and being fired for poor performance doesn't meet that definition. It just means that you're probably eligible for UI, not that you can sue your employer for a windfall.
UI eligibility is determined by your LAST employer, and sometimes there is a spill over to your second to last employer, but you will never get UI if your LAST employer is a disqualifying separation.
It doesn't matter how many red flags you see or that the employer lied. What you need is proof to establish a good cause quit and you provided zero details to determine if there is anything of substance.
Also, don't throw "wrongfully terminated" around. It has a legal definition, and being fired for poor performance doesn't meet that definition. It just means that you're probably eligible for UI, not that you can sue your employer for a windfall.
Thanks, and I am not feeling well as I already mentioned, so I can tell you I was put on PIP right after coming back from medical leave and terminated 30 days later so yes I can say that rightfully.
Your point about evidence is a good one I will have to see what I can regarding that with my new employer. Basically I was told that I would be treated like an experienced salesperson and I am being micromanaged from day 1 like I first started over 10 years ago. It's creating a really stressful environment.
Had you filed in June, CA would have looked at earnings for February/March. If you had earned $1,300 in that quarter, you would have qualified for a claim in CA, just not a very good one. Waiting until July allows CA to consider earnings through June 30th - only if earnings through 3/31 do not allow CA to establish a claim.
Chances are, you've earned enough in February and March for claim eligibiity, so filing in July won't improve your benefit or the number of weeks you might be eligible for. CA can only use its ABP (earnings through 6/30/2014) - IF - you don't qualify on earnings through 3/31/2014.
If you can provide your earnings Feb/March, we can tell you what your benefit would be. Essentially, CA determines your weekly benefit rate based on high quarter earnings and divides the WBA into 50% of base period earnings to determine number of weeks paid.
Ex: If you earned $6,400 in Feb/Mar., your WBA would be $247/wk. CA divides $247 into $3,200 (50% of your base period earnings), to arrive a number of weeks paid. In this case - 13 weeks ($3,200/$247). The CA weekly benefit chart and other info are here:
Knowing that and if you still want to quit, you will need good cause. Good cause can be job duties/hours/wages not what was promised when you were hired, or some other reason. CA can be flexible on that issue, however, you may need to undergo an appeal before you get benefits.
Well, if you earned $12k in the two months ending 3/31, your WBA is $450/wk. If you file before October, the monetary award would be $6,000, divided by $450, paid out over a little over 13 weeks.
If you can wait to file until October 5, earnings through 6/30 would be included. Then the monetary award would be the maximum of $11,700, with $450 paid out over 26 weeks.
Well, if you earned $12k in the two months ending 3/31, your WBA is $450/wk. If you file before October, the monetary award would be $6,000, divided by $450, paid out over a little over 13 weeks.
If you can wait to file until October 5, earnings through 6/30 would be included. Then the monetary award would be the maximum of $11,700, with $450 paid out over 26 weeks.
Thanks, and I am not feeling well as I already mentioned, so I can tell you I was put on PIP right after coming back from medical leave and terminated 30 days later so yes I can say that rightfully.
Your point about evidence is a good one I will have to see what I can regarding that with my new employer. Basically I was told that I would be treated like an experienced salesperson and I am being micromanaged from day 1 like I first started over 10 years ago. It's creating a really stressful environment.
If you're going to go down the VQ road, you're going to need a much better understanding of employment law.
What you have described is not a wrongful termination, had they terminated your position while you were on an FMLA-protected leave, that would qualify. What happened to you may not have been entirely fair, but perfectly legal.
For the VQ piece, you would need to establish that the role and duties are different from what was originally described, and that you took steps to address this with your employer. A different work environment, however stressful it may be, is not good cause for a quit.
In the end, you're probably going to have to do this the old fashioned way and just deal with the current job, or go out and find a new one.
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