California Unemployment Appeal Hearing Pending
My question involves unemployment benefits for the state of: CA
I worked through a staffing agency for a year at a very large bank, never received any write ups or verbal warnings for any kid of behavior or performance issues. On lunch on a friday I bought a $2 dollar squirt gun at a gas station as a joke. (there was no possible way it could be mistaken for a real gun.) I pointed it jokingly at a couple co-workers as well as my supervisor saying "stickem up" or " Freeze" but never shot anyone with water. My supervisor and I have always had a joking relationship and she always seemed very personable with me so I didn't think this wold be a problem. Not to mention our departments work load was so minimal everyone was finished before lunch and had no work the 2nd half of the day.
Nothing was said to me that day but when I arrived Monday morning to work my key card was deactivated and I was met by a recruiter from my agency and told my assignment was being ended due to recent insubordination. At that time I had no idea what she was talking about and why I was being let go. I have always done more work than was required as well as being low level tech support for our suite even though that was not my job.
I had my phone interview with EDD which last all of 5 minutes when asked why I was let go I told her I was told insubordination but was not told anything more. She asked me about the squirt gun if I had brought one to work and shot my supervisor. I advised her I had brought one but did not shoot my supervisor. The interviewer asked me if I had pointed it at my supervisor and I told her yes in a joking manner. That was the end of the questioning and I was denied under 1256 MC 485 for "violation of a reasonable employer rule"
I thoroughly researched prior to my interview and felt that this act would have fallen under MC 310 Neglect of duty, in section D " wasting of production time" under closing / horseplay and would have required prior warnings before being considered misconduct. I have appealed this and am just waiting for my hearing date.
Do I have a good argument in this case? Should I call witnesses to testify about our workload? Anything would be helpful.
Thanks
Re: California Unemployment Appeal Hearing Pending
I can't see the squirt gun from here, so I cannot comment on how realistic it looked - whether we're talking about a bright pink toy, a super soaker, or something shaped and colored like an actual gun.
I also don't have access to your employer's workplace rules. Those rules may well include, "No guns, real or simulated."
Re: California Unemployment Appeal Hearing Pending
https://lh6.googleusercontent.com/-G...-30-51_561.jpg
Here's a picture of it, I'll have to check the employee handbook, regarding that rule you mentioned. Also I failed to mention in my previous post that I had a joking relationship with my supervisor. She put tape on the bottom of my mouse one day, I hid her phone, she hid my motorcycle helmet, and so on. In the absence of a written rule about simulated guns should I bring up the fact that we joked around quite frequently and this was not something I would have thought would end in my termination?
Re: California Unemployment Appeal Hearing Pending
You have nothing to lose by bring up the playful nature of your relationship with your supervisor. The State UC Division will decide whether you engaged in "willful misconduct" as defined in your State's UC statutes.
Re: California Unemployment Appeal Hearing Pending
How do you find out what MC number you get on your ruling? Mine didn't have it.
Re: California Unemployment Appeal Hearing Pending
Im guessing that working at a bank, any sort of 'armed robbery' - as joking as it was, is not something taken lightly. I think its harsh to let you go like that, but you were a temp working through an agency, and as such, are expected to walk a fine line or risk being let go. Someone might have complained about what you did, and even though you had a joking relationship with your supervisor, she didnt think this was funny, obviously.
Again, I would think that working at a bank makes any notion of an armed robbery completely 'uncool'. I think a bright green/yellow squirt gun shaped like an imaginairy spacegun is a pretty obvious joke, but it doesnt make it completely ok. Technically, even if its not against the rules of the company, it is somewhat in bad taste considering the nature of the business, and cause for termination if deemed appropriate punishment.
Live and learn. Ive worked a few temp assignments, and youre very expendable. I would advise you to keep your head down and just do what they ask, save the jokes for a fulltime gig where they give you more leeway.
I have to ask - did you shoot her with the gun? Or is she just making that up? I know it doesnt seem like it should matter, but it does. That could be considered disrespectful by a superior, a temporary employee mocking a bank robbery while shooting them with water, and cause for her to act in order to demonstrate to the rest of the people working there that this sort of behavior wont be tolerated. Not saying you 'had it coming', but honestly, Ive worked at firms where they let temp employees go for nothing, try not to give them a reason. Im not saying youre dead wrong here, but you knew that you were at the very least acting unproffesional, regardless of any relationships you had. I think you learned the limits of said relationship the hard way.
Re: California Unemployment Appeal Hearing Pending
No I did not shoot her with the gun. I have another co-worker coming to the hearing with me that will not only testify to that fact, and the playful nature of my relationship with my supervisor but also the fact the I went above and beyond my required work duties. and that at the time of the incident there was almost no work available so it wasn't a gross neglect of duty.
Re: California Unemployment Appeal Hearing Pending
It sounds to me like the entire situation has been blown way out of proportion. Given the appearance of the water gun, there's no way anyone could ever mistake it for a real one. However, I can think of one reason that they might have terminated you for something as menial as this, and that's if any customers saw you, because it would come across as extremely unprofessional. Were there any customers in the bank at the time?
Re: California Unemployment Appeal Hearing Pending
show or bring the water gun to the hearing .... your company is saying you made a threat ... but I don't think so...do not use the word "threat" when you speak about the issue or you will have just admitted to threatening.
Re: California Unemployment Appeal Hearing Pending
I work at the corporate building which is no customer are allowed in that buidling.