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Old 09-06-2016, 08:16 PM
 
8 posts, read 3,827 times
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Hi,
I am in CA

I worked as a security guard for a small security company. They dont have an official office. There are two owners. One is more of a silent partner 100 miles away and the local guy basically runs the business out of his apartment.

I was assigned a post at a gated condo/apartment complex for 2 years. This particular post was noted as being the most difficult and had tho most problems (gangs, drugs, domestic violence, etc). I am older (64), ex-military and have all my certifications and qualifications. I was also asked to take this post because I am the only person with ALL the certifications (though everyone is SUPPOSE to get these in order to work in security but didnt).

And most importantly, I was told because I have a permit to be armed. I was often asked to carry on site. I did my job well. Diffused MANY problems, called in the police when necessary and generally just tried to keep the place and people safe.

One evening, (work hours 6pm-2am) I showed up at my post to relieve the previous guard. He was there as well as another newer employee. I was told that I needed to call the boss/owner and that my shift was being covered by the newer employee.

I left and called the boss. He said that the president of the homeowners association of the complex wanted someone else there so he was going to rework the schedule and get back to me in a few days with my new post. After 3 days I tried to call the boss but he didnt pick up. I left a message. Waited a few more days. Called again and left another message. Still no contact. Finally he answered the phone after 8 days.

He told me that he was going to have to let me go as he couldnt find any other place for me. I asked him what happened at my previous post. He claims the president of HOA accused me of letting people through the gate who dont belong there and hanging out with people smoking pot. (the post required that guards patrol the complex so I wasnt always at the gate house).

I told him that wasnt right. I did let people through the gate if I KNEW they lived there. Partly because the president YELLED at me once for not opening the gate for her! She also called down to the guard house many times to tell me to let various people in for her.

As far as the pot. There are many people in the complex who have medical cards allowing them to smoke pot. I ALWAYS asked to see their cards when I saw someone smoking. I also asked them to be discreet and/or return to their apartment. My boss also told me emphatically that no one was accusing ME of smoking it.

He said that nevertheless, he didnt have any work for me and would have to let me go. He told me to file for unemployment as he saw no reason why I wouldnt get it and also said he would give me a glowing recommendation.

I think it important to tell you all (though NOT EDD) that the supervisor/dispatcher (different person than the boss/owner) made it clear that he did not like me from the beginning. (I was also told this by other employees). But I did my job and didnt interact with him much anyway. However he is the one responsible for making the schedule and that is probably a main reason they just couldnt seem to find a post for me.

Its ironic that he is the sole reason that the company lost their biggest account 6 months before because the owners caught him smoking pot and dozing on the job!)

So, please advise how to proceed. I intend to file and just say "fired." I do NOT trust my former boss at all. If I have an interview, do I take the call, or not? I have NO idea what will be said about my termination.

Thank you for your time and assistance. It is greatly appreciated.

---
Additional info:
I also am attending classes at a community college this semester they are in the evening (on my days off before I lost my job) and online. Classes will not interfere with looking for a job during normal work hours. So, does this make it impossible for me to NOT take the call? Will I need to take the call in order to explain the school hours?

Last edited by CaidanFire; 09-06-2016 at 08:58 PM.. Reason: more info
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Old 09-06-2016, 09:00 PM
 
Location: Hookerville, formerly in Tweakerville
15,142 posts, read 32,473,621 times
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It's very common for security companies to do that. Go ahead and file for unemployment, and you shouldn't have a problem getting it. You didn't say what state you're in, but with a "guard card," it's very easy to get another security guard job.

I live in CA, and work event security part-time, but if I wanted full time, I could get it with another company if I wanted it, but don't. I get unemployment when it's slow in the wintertime.
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Old 09-06-2016, 09:10 PM
 
14,500 posts, read 31,208,015 times
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You probably have to take the call because of school. Classes that are outside of 8 am to 5 pm, are normally ok, but because you work a job that can be 24 x 7, you might have a problem. You're going to have to be able to say, "I'd quit school, or change my class schedule to accept full-time work." Please, though, don't tell this story. Just go with, "fired," and not another word. You just can't be sure if your employer won't sell you down the river, and I hate when people have to fight their own words.
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Old 09-06-2016, 09:16 PM
 
8 posts, read 3,827 times
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Thanks Chyvan,
I appreciate the help. I had NO intention of repeating any of this to EDD based on what I have gleaned from this forum so far. I just wanted everyone here to have as complete a story as possible in order to offer the best advice.

So, if I take the call because of school and they ask me about why I was fired. How do I answer that? I could perhaps state that I dont really know. Just that they didnt have room for me on the schedule? (by the way I was NEVER written up for anything or given any warnings).

I read that someone advised hanging up but wont that look suspicious? and what if they lead with those questions and save the school questions till later in the call?
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Old 09-06-2016, 09:18 PM
 
12,125 posts, read 23,427,131 times
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I would say that I was "laid off" instead of "fired." If he told you he had to let you go because he didn't have any other work for you, that means that if he had other work for you you would still be employed, which means you were laid off because he did not have enough contracts to keep you employed.
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Old 09-06-2016, 09:37 PM
 
14,500 posts, read 31,208,015 times
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Quote:
Originally Posted by CaidanFire View Post
I read that someone advised hanging up but wont that look suspicious? and what if they lead with those questions and save the school questions till later in the call?
When fired, you are eligible for UI no matter how suspicious the interviewer is until YOU or the employer changes that presumption. You could tell her it's none of her business if you wanted to. Just say "Fired. They told me that they'd find me another spot, and after being on the hook for 8 days, I gave up waiting."

Quote:
Originally Posted by joe from dayton View Post
I would say that I was "laid off" instead of "fired."
Don't even think about doing this in CA. Unless you know for a fact that the employer will be saying "laid off," you'll just get hit with a "false statement" penalty, and then you'll just have to deal with an appeal to remove the penalty when you can get benefits anyway for being fired so long as there is no misconduct, and that is the employer's job to prove so long as you keep your mouth shut.
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Old 09-06-2016, 09:39 PM
 
8 posts, read 3,827 times
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Joe,
I dont think that will work. They hired more guards later and my old post is now 24/7 when it wasnt before. It was only 4pm - 2am.
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Old 09-06-2016, 09:40 PM
 
13,172 posts, read 21,204,198 times
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Since the OP is in CA, unless they know for a fact that the employer will also be saying "Lay Off", if they put laid off and the employer says anything else (even though it was a lay off) it opens a new separate issue that has to be resolved and employers are notorious for twisting the facts especially if the claimant has nothing in writing to support the lay off. It's not that the claimant is wrong, but just saying it with no supporting documentation can cause hassles and delays for no useful reason.
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Old 09-06-2016, 09:43 PM
 
8 posts, read 3,827 times
Reputation: 10
. sorrry duplicate post
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Old 09-06-2016, 09:44 PM
 
8 posts, read 3,827 times
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Agreed on fired and NOT laid-off

I also found this from one of your other responses to another when asked about last day paid.

"Good catch. I assumed unpaid because it's so rare to be on a paid suspension. This thread could be a good example of why the last day worked is controlling in the discharge instead of why it's when the employer actually does the firing."

My last day of pay was the day I showed up for work and was told to leave. So I like what you said about telling the interviewer that I was told they were redoing the schedule and I would be notified in a few days but wasnt.
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