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  1. #1
    Join Date
    Feb 2013
    Posts
    8

    Default Can You Get Unemployment After Being Fired for Leaving Work Early

    My question involves unemployment benefits for the state of: California

    Ok so here is my situation. I work in sales. I close at my job 3 nights a week. In the beginning of the summer I had several car issues. Bottom line is my car stopped working and has been iffy every since. I have had to take my car several times to the shop(all documented) and have been carless for weeks at a time. I live 30 miles away from work and there is no public transportation when I leave work(8 pm). I have to get rides home as I can and sometimes my ride has a limited time window to pick me up. With all that being said sometiems I have to close the store 10-15 min early to be able to get a ride home. Now before you say about loss wages to the employer on days that I do this it is extremely slow with no one coming in the store for hours.

    I was notified today by one of my bosses that they had me on camera leaving last Friday. I didn't really have a chance to explain myself ( he was yelling) but I did write an apology text to my District Manager and let him know I acccept all dicplianry actions. I have NEVER been written up for anything at this job. If I do get fired is my having to leave work early due to lack of transportation( all documented) a reason for EDD to deny me unemployment?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Leaving Work Early

    It could be.

  3. #3
    Join Date
    Feb 2013
    Posts
    8

    Default Re: Leaving Work Early

    Quote Quoting cbg
    View Post
    It could be.
    What would the reasoning be and what can I do or say to hep swing things my way?

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,559

    Default Re: Leaving Work Early

    The reasoning being that work expects you to be there on time, during your entire shift. They expect you to arrange reliable transportation to work (frankly, many places don't care how you get home - just you punch it at start time, work your entire shift, and then punch out).

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Leaving Work Early

    It is your responsibility to see that you have transportation to and from work. It is not the store's responsibility, regardless of how busy it may or may not be, to adjust their, or your, hours to suit your convenience. If I am reading your post right, you did not even notify your employer that you needed to close early and why, you just did it. That would be the reasoning. And frankly, it's a valid reasoning. I'm not saying you definitely WILL be denied, but I'm not putting any money down on your getting benefits, at least initially, either.

    To help your position, if indeed you are fired, I would focus on how you were not given any notices or warnings beforehand, that you always tried to do your job to the best of your ability, and that the early closings were based on circumstances outside your control. It's not a very good defense, but it's the best you've got, especially the no warnings part.

  6. #6
    Join Date
    Feb 2013
    Posts
    8

    Default Re: Leaving Work Early

    Quote Quoting PandorasBox
    View Post
    The reasoning being that work expects you to be there on time, during your entire shift. They expect you to arrange reliable transportation to work (frankly, many places don't care how you get home - just you punch it at start time, work your entire shift, and then punch out).
    Many offices and plants have one or more "clock watchers" who habitually leave work a few minutes before quitting time; or they may cease work without actually leaving and spend the few minutes before quitting time in talking, gathering hats, coats, purses, etc., or just doing nothing. The employer has a right to expect that his employees will work until quitting time. Therefore, conduct of the kind mentioned above will violate a standard of behavior which the employer has the right to expect. To constitute misconduct, however, such conduct must be persisted in after warnings or reprimanded.


    That above quote is straight off of EDD's website. Plus it lists trabsportation probems as a "compelling excuse" to be absent, late or tardy.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Leaving Work Early

    Which is why I'm not saying you're sure to be denied.

    But there is a difference between being tardy because of transportation problems, and closing the store early without permission because of them.

  8. #8
    Join Date
    Feb 2013
    Posts
    8

    Default Re: Leaving Work Early

    See my above quote about leaving earky, it is straight from Edd.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Leaving Work Early

    Okay, clearly the only answer you want to hear is that there is no possible way you can be denied benefits. I cannot in honesty give you that answer, despite your out of context cut and paste. Therefore, I will leave it for someone else to answer you since I cannot and will not agree with your pre-determined response.

  10. #10
    Join Date
    Feb 2013
    Posts
    8

    Default Re: Leaving Work Early

    Quote Quoting cbg
    View Post
    Okay, clearly the only answer you want to hear is that there is no possible way you can be denied benefits. I cannot in honesty give you that answer, despite your out of context cut and paste. Therefore, I will leave it for someone else to answer you since I cannot and will not agree with your pre-determined response.
    Hahaha no crap I want to hear that answer, I read the edd website with a fine tooth comb and that quote does pertain to this situation. That being said I want ti prepare my argument if I need to present one so I am buliding my case. I csme here to hear all sides of the argument and get advice, not to hear what I want to hear.

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