Deemed 'No Longer a Fit for the Company'

My question involves unemployment benefits for the state of: California

Hello all,

I was never given a verbal or written warning, only a final warning. I assume I will not get EDD, but I wanted to see your thoughts.

I was late and missed days a total of 6 combined from june thru august due to illness. I was then given my only warning and it was a final, I exposed the illness and asked if I could come in 30-60 minutes later to help me, but they did not respond. I live in California so not sure if not receiving a verbal or no written even matters since it's a "At will" state.

Well In October I called in late and they were going to fire me and at that time they were giving me my last check I asked how come they never responded to my request to come in later, they then all of a sudden said they will give me 30 minutes and the final waring still stands,I was surprised.

Well in November I got friken "normal sick":wallbang: so I called in sick 1 day and also called in late cause I had to get to the pharmacy in the morning for urgent meds.
So a week later I was let go, the reason was "I was no longer a fit for the company" I asked them 5 times what does that mean, and they just repeated it, then said performance and then again "I was no longer a fit for the company"

If they would of said attendance I would of totally understood, the illness caused me to miss work and be late 6 times, But "No longer a fit for the company" is confusing :confused: I asked them is that what i tell EDD and they said yes.

I knew my days were numbered as my manager told me they were looking for someone else and he had a former co-worker that he wanted in.

So I assume I will not get EDD since they gave me only a final warning, My EDD phone interview is Nov 22nd, Any thoughts?

Unemployment is based on one thing and one thing only - was your termination from the company for a reason that does, or does not, qualify you for benefits? It is not based on how many warnings you got or how many. If anything, the lack of warnings may HELP your unemployment claim, since it could be argued that you did not know that your job was in jeopardy. In any case, it is definitely worth filing.

FYI, they have no legal obligation to define "no longer a fit for the company".

Let me ask you a couple of questions. You do not have to answer them, or if you would prefer to answer via PM to me instead of on the boards, feel free. I'm asking for reasons unconnected with unemployment, but for reasons that *may* (do not get your hopes up - it's a long shot at best) affect the legality of your termination overall.

What is the nature of your illness and how would coming in 30-60 minutes later fix it? What kind of work do you do? How many employees does the employer have?

Thanks for your reply CBG,

The illness was, I started having horrible insomnia the worst I ever had was barely sleeping in 72 hours maybe 4-5 hours, and that casued me to have severe panick attcks, where I feel dumb now but had to go to the ER cause I felt like I was dying so it was mental.

The 30-60 minutes coming in later wouldn't fix it but would help , and this is when I was given my only write up and it was titled "Final" it stated the usual to call in before your shift or being late which I did, the Dr's were trying medications, sleep aids and Anti anxiety so I was a mental mess but did my job well and have performance review thats states this.

Then unfortunately I got "normal sick" had to call in then week later I was let go for not being a fit for the company and like you said they did not have to tell me what that meant, I did inside sales for a medium size company they have I would guess a thousand or more employees in the US and outside the US it is a oil company.

"was your termination from the company for a reason that does, or does not, qualify you for benefits?" This is a very good question that I guess the unemployment interviewer will have to answer. I assume I tell them everything I writen above, and sure the HR dept will do the same but wonder if they will say attendance or just say I was no longer a fit?

Did you receive medical treatment for your insomnia? Did you work more than 1250 hours prior to seeking leave for your insomnia? Does your employer employ more than 50 employees (within a 75 mile radius of your location)? Did you advise your employer of your illness, your need to seek treatment and/or your request for accommodation?

The answers to these questions – as well as the answers to cbg’s foregoing questions – could have a bearing on whether you are eligible for the protections afforded under the Family Medical Leave Act (“FMLA”).

Did you receive medical treatment for your insomnia? Yes.

Did you work more than 1250 hours prior to seeking leave for your insomnia? I never seeked a leave.

Does your employer employ more than 50 employees (within a 75 mile radius of your location)? Yes.

I presume you worked more than 1250 hours during the 12 months prior to your staying home sick due to insomnia.

Based on your responses, it appears you may be eligible for protection under the FMLA. If your employer was aware of your chronic illness, i.e., insomnia, and your illness constitutes a “serious medical condition” under the FMLA, then your employer could not lawfully discharge you due to absences related to said illness.

At this juncture, you will probably want to consult directly with an attorney experienced in employment law and/or with a knowledgeable staffer at the closest office of the Wage and Hour Division of the United States Department of Labor. An attorney or a staffer can likely advise you whether your discharge under these circumstances violated FMLA.

Thanks ESteele,

I doubt I would get a attorney just due to the cost. One thing I wanted to thank you for was when you asked about a leave for the illness..

I went through some emails and had this that I sent to HR 8/31 "Do I take a a couple weeks immediate leave of absence to try and get this managed?"

But they never brought it up at all, I fully disclosed what was going on on 8/25.. asked about a leave on 8/31 then On 9/1 they told me to stay home. Then on 9/2 they gave me my final and only warning.

Just a quick update,

I had my EDD phone interview, they asked me the basics, pay rate, how long i worked there etc.

They asked me a few times why I was fired, I told her over and over all they said was not longer a fit for the company, so I imagine she spoke to the employer and they said something else.

I was also asked about a day I called in after my shift started, and I told her that was a error in judgment cause I should of had someone call in for me since I was in ER.

She did not seem to understand that I only received 1 warning and it was titled a "Final" , I think I made myself clear and she got it towards the end, as she asked me to send her my termination notice and a copy of the company policy that they usually give a verbal, written, then a final.

But It's California and states in the policy that they do not have to go in that order.

So my opininon I will get denied , then I will appleal nothing to lose for me. I should of said if they wee going to fire me for the day I called in late , they should of did so at that time, not wait 3 months later to get me on that.

Please keep us updated. Based on the fact the staffer at least asked for a copy of the termination notice and the company’s policy suggests that he or she understood that you were terminated invariance with the policy. If this is indeed the staffer’s conclusion, he or she may make an initial ruling in your favor.

With respect to the FMLA issue, you should speak with an attorney. Many offer free or discounted consultation. Moreover, it costs you nothing to contact DOL. Moreover, if you do have grounds for making a FMLA challenge, many attorneys would be willing take on your case on a contingency fee basis. Consequently, it would be to your advantage to explore your possibilities.

Happy Thanksgiving!

Hello,

Update..

I had a phone interview on the Nov 22nd, It is Dec 7th and I have not heard anything back yet, I have called the Ca. Unemployment check status line daily and no information for my SS#. There was 2 days off for Edd for Thanksgiving & day after, Today is the 9th buisness day, and checks are usually mailed in 10.

So since there is no check info when I call the automated check status line, and they also have not sent anymore forms to be mailed out besides the one I mailed Nov 21st, I'm losing the little hope I had and probably expecting a denial letter any day?

Anyway I will keep this updated once I receive anything in the mail.