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First off, I live in CA...and i'll get right to it...
I was fired on 12/09 from my last job for basically, making mistakes, and not receiving a 100% on a "secret shopper" review in the restaurant I worked at. These, in a nutshell, are random people who come in at random times about 6x a month to critique the servers. Company policy states that you NEED 100% of you will get a write-up the first time, and will get fired the 2nd time it happens (I was actually unaware of this as I had always heard it was 3, but anyways...).
So a month later I got my UI benefits in the mail. A few weeks later, I find out my former employer had appealed it for "numerous ocassions in which company standards were failed to be met".......some points I MUST make
- I had been with this company for nearly 2 years. I put in the most hours. 40 hours/6 days a week for over a year. Nobody had more hours than me. (one could argue that, because I was there more, I was more likely to recieve secret shoppers)
- The actual secret shop that led to my termination was a split table, meaning, I was not the only one responsible.
- I AM capable of doing my job as my FIRST two performance reviews (done in 09') were both 100%.
- I know of two employees who are still working with the company after having MULTIPLE (about 6) performance reviews that were below 100%, and are still there. They will testify with me..
- The same franchise that fired me.....RE-hired me at a different location (where the same policies apply) about 3 weeks ago.
...so basically, I really felt like my termination was completely uncalled for, as I made no mistakes that were any different than everyone elses. Management stressed so hard, that it really made me develop anxiety. In the end, I really feel like my termination was used as an example to all other employees of what will happen if you don't get 100%. Since my termination, nobody else has been let go and NUMEROUS sub 100% reviews have been done. As I also stated, I put in THE most time into that company. NEVER late, and ALWAYS hardworking. I will not lie, I should've gotten 100%. I made a mistake, much like everyone else has at some point. My unemployment also led me to a heap loads of depression as job searching was nearly impossible at the time, and without those benefits, I would've not been able to afford my rent. To imagine what I would do if I had to pay all that back would mean that I would lose everything. What makes me even angrier is that in the appeal notice, it states that my employer is trying to connect my actions as INTENTIONAL!
But my question is simple, how exactly do I fight this with no proof? My employer had documentation of EVERY mistake i've made, so of course it's going to make me look horrible. How do I fight this when I have no physical proof? I only have witnesses who will vouch for me
Last edited by LarKev101; 04-15-2010 at 03:50 AM..
it does not matter if you make mistakes at a job. I have told UE many times it was not a good match. This is NOT a reason not to get UE. If you stole something, or committed a crime or sexual harrassment or quit. The worst is they hold back some weeks and then you collect if your fired. But being fired does not mean you cant get UE. They have no claim even if they say you made mistakes. It has to be a CRIME!! SO just tell the truth and you will win.
it does not matter if you make mistakes at a job. I have told UE many times it was not a good match. This is NOT a reason not to get UE. If you stole something, or committed a crime or sexual harrassment or quit. The worst is they hold back some weeks and then you collect if your fired. But being fired does not mean you cant get UE. They have no claim even if they say you made mistakes. It has to be a CRIME!! SO just tell the truth and you will win.
Everybody tells me that this case is in my favor.....is there any truth to this? I mean, in the end, I really don't have anything to lie about. Yes, I made mistakes, but I also was so loyal to the company, and proved that I WAS capable of doing my job perfectly many times before. Problem is, I don't have any proof of that...only my word, and witnesses.
First off, I live in CA...and i'll get right to it...
I was fired on 12/09 from my last job for basically, making mistakes, and not receiving a 100% on a "secret shopper" review in the restaurant I worked at. These, in a nutshell, are random people who come in at random times about 6x a month to critique the servers. Company policy states that you NEED 100% of you will get a write-up the first time, and will get fired the 2nd time it happens (I was actually unaware of this as I had always heard it was 3, but anyways...).
So a month later I got my UI benefits in the mail. A few weeks later, I find out my former employer had appealed it for "numerous ocassions in which company standards were failed to be met".......some points I MUST make
- I had been with this company for nearly 2 years. I put in the most hours. 40 hours/6 days a week for over a year. Nobody had more hours than me. (one could argue that, because I was there more, I was more likely to recieve secret shoppers)
- The actual secret shop that led to my termination was a split table, meaning, I was not the only one responsible.
- I AM capable of doing my job as my FIRST two performance reviews (done in 09') were both 100%.
- I know of two employees who are still working with the company after having MULTIPLE (about 6) performance reviews that were below 100%, and are still there. They will testify with me.. - The same franchise that fired me.....RE-hired me at a different location (where the same policies apply) about 3 weeks ago.
...so basically, I really felt like my termination was completely uncalled for, as I made no mistakes that were any different than everyone elses. Management stressed so hard, that it really made me develop anxiety. In the end, I really feel like my termination was used as an example to all other employees of what will happen if you don't get 100%. Since my termination, nobody else has been let go and NUMEROUS sub 100% reviews have been done. As I also stated, I put in THE most time into that company. NEVER late, and ALWAYS hardworking. I will not lie, I should've gotten 100%. I made a mistake, much like everyone else has at some point. My unemployment also led me to a heap loads of depression as job searching was nearly impossible at the time, and without those benefits, I would've not been able to afford my rent. To imagine what I would do if I had to pay all that back would mean that I would lose everything. What makes me even angrier is that in the appeal notice, it states that my employer is trying to connect my actions as INTENTIONAL!
But my question is simple, how exactly do I fight this with no proof? My employer had documentation of EVERY mistake i've made, so of course it's going to make me look horrible. How do I fight this when I have no physical proof? I only have witnesses who will vouch for me
You are working now for the same franchise but at a different location? So you are fighting for payment of benefits due you after your termination but before you were rehired in the current job?
Question: Can I Collect Unemployment if I am Fired? Answer: If you were fired from your job you may be eligible for unemployment, depending on the circumstances. If you were fired because the job wasn't a good fit, because your position was terminated because of company cut-backs, or because of reasons like poor performance on the job, for example, you may qualify for unemployment benefits.
When you are fired for misconduct (also known as terminated for cause) you may not be eligible for unemployment compensation. Misconduct includes, but is not limited to, stealing, lying, failing a drug or alcohol test, falsifying records, deliberating violating company policy or rules, and other serious actions related to your employment.
You seem to have been fired for what looks like a subjective and arbitrary performance issue and not misconduct. At your hearing point out these differences.
I have been through this once. Basically its a chance for your former employer to not pay + also delaying them having to pay. You will win. Just be shore to stick with it. Point out that the same franchise hired you back. You must not of had to bad a record to be desirable in this job climate. If for some reason you loss get an Antony to work for 33% of your recovery. Just keep in mind that you might not want to be labeled as a trouble maker with the chain. If it was me I would stand up till the end. Everyone must make their own choice on what points or money amounts are worth risking possible repercussions to your new lifeline. GOOD LUCK!!!!!
You are working now for the same franchise but at a different location? So you are fighting for payment of benefits due you after your termination but before you were rehired in the current job?
Yes. Should I point that out? And should I get a manager note from my current job to show that I was re-hired?
Last edited by LarKev101; 04-15-2010 at 12:00 PM..
I was fired for poor performance and got unemployment with no problem. In CA, that shouldn't be an issue.
Ironically, I think the fact that you had good performance reviews at one point might be an issue, because they might say you were deliberately underperforming, but doesn't sound like they're going in that direction.
Yes. Should I point that out? And should I get a manager note from my current job to show that I was re-hired?
boy if this is the same company you got a lot of guts!!! Yes you can claim for the time you were fired. Just go to the hearing tell the truth, keep it simple and mention that you never had misconduct, it just was a work performance bad match. You did not catch on quick enough, or it was an honest work related mistake, or they did not train you properly or that it was a simple clerical error. YOu will win.
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