Fired In California for Attendance - Eligible? (receive, apply, claim)

[CaliDreamin9292]

I have called out sick for the past 8 days due to COVID symptoms. My employer is aware that I was experiencing symptoms. I submitted a dr’s note and was told it was insufficient for me to qualify for the specific COVID leave. This was last week.

This week I received a written warning for excessive call outs and 1 no call no show (I had forgotten to call out because I was not feeling well). HR specifically wrote on the warning that I called out for ‘non covid’ issues, when my doctor’s note and written messages to them said otherwise.

I told them I was not signing the document because it’s not accurate and non factual.

Today they fired me for attendance, technically today was my 2nd no call no show. Am I still going to be eligible for UI? Any advice/feedback?

[bmonte]

No.

[Openupshop786]

I don't see how in the world they would take your employer's word over a doctor's assessment, who is the actual medical expert.



Just a tip, when you apply online, be very careful to enter everything correctly because if you make a mistake, its next to impossible to get through to EDD on the phone these days, because of the volume. Although, it was announced the gov signed executive order expanding hours:


"The new hours, which begin Monday, will be from 8 a.m. to 8 p.m. seven days a week" - Governor Newson

[NVus702]

Originally Posted by CaliDreamin9292

I have called out sick for the past 8 days due to COVID symptoms. My employer is aware that I was experiencing symptoms. I submitted a dr’s note and was told it was insufficient for me to qualify for the specific COVID leave. This was last week.

This week I received a written warning for excessive call outs and 1 no call no show (I had forgotten to call out because I was not feeling well). HR specifically wrote on the warning that I called out for ‘non covid’ issues, when my doctor’s note and written messages to them said otherwise.

I told them I was not signing the document because it’s not accurate and non factual.

Today they fired me for attendance, technically today was my 2nd no call no show. Am I still going to be eligible for UI? Any advice/feedback?

Only CA EDD can make the determination on whether you're eligible for CA UI. Attendance falls within the realm of 'Misconduct;' even though you may have been terminated for what an Employer considers Misconduct, it may or may not be considered Misconduct for UI.

If you decide to apply, the reason is Fired/Terminated/Discharged w/o any additional detail. Burden of Proof for Involuntary Terminations is on the Employer (Burden of Proof for Voluntary Terminations/Quits is on the Employee).

Unsure how 2 No Calls, No Shows will impact your situation (& how many Write-ups you had previously?). Having a Dr's Note is good (depending on what is indicated on the Note).

Here's the CA EDD info regarding Attendance >> https://www.edd.ca.gov/uibdg/Misconduct_MC_15.htm

Use the 'Search' function with parameters 'fired attendance' to read other Threads with possibly similar situations, pay special attention to the responses provided by Chyvan (unfortunately no longer a C-D member).

Hope you're feeling better (soon).

[CaliDreamin9292]

Originally Posted by NVus702

Only CA EDD can make the determination on whether you're eligible for CA UI. Attendance falls within the realm of 'Misconduct;' even though you may have been terminated for what an Employer considers Misconduct, it may or may not be considered Misconduct for UI.

If you decide to apply, the reason is Fired/Terminated/Discharged w/o any additional detail. Burden of Proof for Involuntary Terminations is on the Employer (Burden of Proof for Voluntary Terminations/Quits is on the Employee).

Unsure how 2 No Calls, No Shows will impact your situation (& how many Write-ups you had previously?). Having a Dr's Note is good (depending on what is indicated on the Note).

Here's the CA EDD info regarding Attendance >> https://www.edd.ca.gov/uibdg/Misconduct_MC_15.htm

Use the 'Search' function with parameters 'fired attendance' to read other Threads with possibly similar situations, pay special attention to the responses provided by Chyvan (unfortunately no longer a C-D member).

Hope you're feeling better (soon).

Thank you!

The written warning yesterday was my only written warning on record. The doctors note specifies ‘exposure to and contact w oth viral communicable diseases’ with a 1 day excuse.

I have a second doctor’s note instructing to quarantine for 14 days. I did not send them this one. Do you recommend I bring this up with UI? Or no?

[NVus702]

Originally Posted by CaliDreamin9292

Thank you!

The written warning yesterday was my only written warning on record. The doctors note specifies ‘exposure to and contact w oth viral communicable diseases’ with a 1 day excuse.

I have a second doctor’s note instructing to quarantine for 14 days. I did not send them this one. Do you recommend I bring this up with UI? Or no?

Disclaimer: I'm not an UI Employee of any State, I'm not an UI Claimant of any State; have been reading, reading & reading massive amounts of UI info while researching a situation for a Friend. I'm just trying to 'pay it forward' in this Sub since I've been able to glean a bit of UI knowledge from this Sub (& elsewhere).

CA EDD approves/denies CA UI, Employer can only Oppose. Best case scenario:

o You apply for UI indicating 'Fired' w/o any further detail.
o Employer fails to respond/oppose initial request for information.
o If all other UI criteria met, UI approved by default ('Fired,' w/o any further detail, is a Qualifier based on what I've read in this Sub).

You'll prob be notified of an Initial (Fact-finding) Phone Interview, it will most likely indicate not taking the call may cause Denial -- not taking the call from CA EDD is not a Disqualifier but anything you might say during the Phone Interview may be a Disqualifier.

If the only Separation info you've provided is "Fired', receiving a Denial indicates that the Employer responded/opposed & identified the reason(s) for Termination. CA is an at-will State, Employers can terminate Employees for any reason or no reason as long as it's not Illegal (ie: Race, Religion,, etc). The Employer let you know the Discharge reason is No Call, No Show (Attendance) but may very well tell CA EDD something else & it will be indicated on the Denial. You will need to Appeal the Denial but will now know exactly what you're appealing. For example, the Employer may tell CA EDD that it was for Attendance Misconduct, Insubordination (didn't sign Write-up), Violated Code of Conduct, etc. The only info that the Employer has is that you stated 'Fired' (CA EDD notifies Employers when a Claimant files for UI which may impact Employer's Rate &/or Fund).

It is ultimately up to you how you want to approach applying. Again, use the 'Search' function & read other C-D Members experiences.

As an aside from a Neutral Party (& from an 'Employer perspective'), the 1st Note didn't specify Covid & allowed for a 1-day Excuse while the Call Outs were 8 Days with 1 (2?) No Calls, No Shows; wondering why 14-day Quarantine Dr's Note not provided to Employer? If you were still employed you might have been eligible for CASDI with the Quarantine Note. Quarantine Dr's Note will prob need to be provided to CA EDD to support reason Not Available & Able to work for the weeks indicated on the Note that correspond to the CA UI Weeks you're filing a Claims for.

With CA EDD currently 'being slammed,' the Approval/Denial & Appeals process is expected to be a effected. Perhaps contact 211 to see what Programs are available for Food, Energy assistance, etc.