My question involves unemployment benefits for the state of: California
I was recently fired from my sales job at a car dealership for attendance. I worked at this dealership for over 4 years. A little background is ( some of this info wont matter to edd) the auto dealership I worked for was EXTREMELY lenient on attendance. I mean salesman leaving early, coming to work late, no call no shows, loooong lunches with no consequences at all.
Close to 100 salesman are divided between 8 managers, I happen to get those most strict and uptight of the 8. I would not have been in this situation if I was on one of the other teams. Again I know edd wont care but this is the culture of the place I worked.
Any ways facts are:
1:I was writtin up twice for attendance issues, once in late 2009 other 3/5/10. These write ups included: calling out of work, leaving early, arriving late, and long lunches. And I signed each write up.
(AGAIN I know this looks bad but im telling You this was the culture and most managers wouldn't even have noticed accept mine was a stickler and knew I didnt respect him)
2: Since write up, 3 months ago, I have called in sick 4 times. After First time I called in I was warned I was being watched but also told same time by store manager that they want me to call out sick if I am sick.
3: No lates, long lunches or leaving early EXCEPT a misunderstanding. I was told I could leave at 7 by a manager, this was initialed By said manager, however when he entered this into computer he put 7:30 which was unknown to me......More on this later.
4: 5/24/2010 second to last time I was sick my manager called me before I could call in sick to ask why i wasnt there. I was scheduled at 9:30 he called at 10:10 and said "Your supposed to call an hour before shift," this is in policy and reasonable, though I was unaware because its never been enforced in th 4 years ive been with company. AND no one answers the phone until 10, when store opens anyways. I told my manager this and he said " well you should have called into a different department, or left a message" I replied "ok if thats what you want me to do"
5: 5/29/2010 I had to call out sick again, there going to tell edd I didnt call until my shift started. Im going to say I called 1 hr before and left message and agin at beginning of shift to talk to a sales manager.
result: 5/30/2010 im confronted by manager, he askes about day before first accusing me of not calling in at all, then about not calling in a hour before shift. i said i was on my way to work but my alergies started to bother me so I turned around and went home and called a manager right when I got home.. ( bad story I know). Then he asks me about leaving early I said I didnt know what he was talking about. I said only time I left early was when it was approved. He didnt believe me, I said I would check schedule when he got home. I called and explained what happened see #3. He said he would note it.
ALSO fiscal year starts march first and employees are given 6 days sick time, so i still had 2 days left.
So 10 days later I was fired for attendance. Will I be eligible for unemployment, should I get an attorney?