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  1. #1
    Join Date
    Jun 2010
    Posts
    11

    Default Unemployment After Being Fired for Attendance

    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?

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Unemplyment for Attendance

    Quote Quoting beeazy
    View Post
    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?
    An attorney won't help you. File for unemployment and see what happens.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,931

    Default Re: Unemplyment for Attendance

    Will I be eligible for unemployment,
    Probably not, since you were fired for cause. Apply anyway. The worst they can do is deny your claim.

    should I get an attorney?
    For what? You were fired for cause. Just because other managers didn't enforce the policy does not mean you should not have been held to it.

    Your attendance did not meet the needs of the business, so they let you go. There's nothing to sue for.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  4. #4
    Join Date
    Jun 2010
    Posts
    11

    Default Re: Unemplyment for Attendance

    A buddy of mine who fought unemployment cases for a big box retailer ( he was manager not a lawer or a anything.) said every time someone was fired for calling out sick the uneployment was awarded to employee.


    I mean get a lawer for the hearing when my previous job challanges it

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,475

    Default Re: Unemplyment for Attendance

    Oh?

    And how many of these employees were using FMLA/similar?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Jun 2010
    Posts
    11

    Default Re: Unemplyment for Attendance

    Not sure if fmla it not. I don't think so as he knew my exact situation and said I'd be fine. I just wanted more some opinions .and my old job fights all unemployment cases.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,931

    Default Re: Unemplyment for Attendance

    he knew my exact situation and said I'd be fine.
    He doesn't have standing to make that assurance.

    I'd really prepare to be denied UI if I were you. It would be good from your perspective if you weren't, but it would be foolish to count on anything but a denial.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Unemplyment for Attendance

    You want opinions? Here's mine.

    You received multiple warnings for attendance and continued to miss work. You failed to follow company call in procedures.

    Your chances of receiving unemployment are about one in five against. If you do, the ONLY reason will be that in SOME states, you are cut a little more slack if the FINAL absence was for illness. It is by no means a guarantee or an across the board promise.

    You would be wasting your money to get an attorney now. If you are denied and want to appeal you can always discuss it with an attorney then, but getting an attorney now, when quite frankly you are clearly in the wrong, is only going to make your employer more determined to fight you. They still may win, even if you do get an attorney. But you will not help your cause by using a bazooka to kill a mosquito, which is what using an attorney in an initial claim comes down to.

  9. #9
    Join Date
    Jun 2010
    Posts
    11

    Default Re: Unemplyment for Attendance

    Quote Quoting cbg
    View Post
    You want opinions? Here's mine.

    You received multiple warnings for attendance and continued to miss work. You failed to follow company call in procedures.

    Your chances of receiving unemployment are about one in five against. If you do, the ONLY reason will be that in SOME states, you are cut a little more slack if the FINAL absence was for illness. It is by no means a guarantee or an across the board promise.

    You would be wasting your money to get an attorney now. If you are denied and want to appeal you can always discuss it with an attorney then, but getting an attorney now, when quite frankly you are clearly in the wrong, is only going to make your employer more determined to fight you. They still may win, even if you do get an attorney. But you will not help your cause by using a bazooka to kill a mosquito, which is what using an attorney in an initial claim comes down to.
    why i think my chances are decent.

    1: I have sick days to use.

    2: after being written up I was not late, did not leave early, or take any long lunches.

    3: my manager TOLD me not to come to work if I was sick.

    4: Call in procedures comes down to my word verses theres. The policy can not be followed when there is no one to call in to.

    5: IF they bring into the picture the day I supposedly left early (which I really didn't) It opens a huge cans of worm for them and shows that they were TRYING to find a reason to fire me.


    and yea when I say get a lawyer thats what i mean, if I'm denied do you think with a lawyers help Ill be able to win with all the above facts.

    I mean basically i think its going to come down to the fact that I didnt call in a hr before shift, wich was never written in a write up or enforced before but because they are looking to fire me its all of a sudden a problem. They may say I didnt call in an hr before shift a second time, but ill I did I left a message in other department. Then called again to tell sales manger.

  10. #10
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Unemplyment for Attendance

    If you already have your mind set that you are right and they are wrong, why even post here asking for our point of view? As an employer I never lost an EDD claim. I agree with cbg and missy... but you never know unless you file and appeal as needed.

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