Denied Unemployment Due to Employer's False Statements
My question involves labor and employment law for the state of: california
Hello i recently lost my job so i filed for unemployment and was denied by false statements by me former employer.they said i used obscene language towards my boss.here is the story i have sun and mon off on friday a employee that i am training takes a order for 2500 tons of base. we are a recycled agregates company.We work in a office me ,my boss,and new employee.she lets me know and i write up the ticket and call it in.the day ends then on monday morning (its my day off) my phone is ringing non stop all morning finally when i get up i answer and its my boss yelling that the order was for only 25 tons and asking me who called it in and im trying to tell him thats what i was told that he was ni the office when the call came in and that he also knew.well he didnt like that called me a mother****er ....i said **** you and hung up now i cant get unemployment cause they said i used obscene language towards my boss.I got fired the next day i came in to work i never got to review or sign my write ups.Now i cant get unemployment
Re: Got Fired on My Day Off
I'm not sure that using obscene language to a supervisor qualifies as "gross misconduct" which I believe is the standard for being disqualified for unemployment. Appeal the decision and make your case to the referee/board however it's done in CA. Someone more familiar with CA unemployment can provide more details but I would absolutely appeal this.
Re: Got Fired on My Day Off
Appeal certainly, but I'd go 50/50 on this one.
Re: Denied Unemployment Due to Employer's False Statements
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juanocha
Now i cant get unemployment
File an appeal if you haven't done so already.
Re: Denied Unemployment Due to Employer's False Statements
Certainly file the appeal. Have you been denied initially? I mean have you received the official letter stating that your claim is denied? If so, did it not have the information about "if you wish to appeal this decision....."? If so, and the time to appeal has not lapsed, immediately contact them as they instruct. Do not bother to make any argument about the decision or what happened in this contact. Just say "I wish to appeal the decision." They'll usually give you the option of by telephone or in person appeal, with both you and the employer in front of an appeals referee or officer or whatever they call them.
This is an agency hearing, it is NOT a civil court, okay? You cannot sue your boss for lying. They can't sue you for lying. Nobody will go to jail for perjury. You will both be sworn in and will state that your testimony is true. However, the appeals officer will go with which of you has the most believable story. If one party tells it one way and the other tells it another, there is the underlying assumption that one or both of the parties may be lying. They're trying to determine what happened, and if your behavior rises to the level of misconduct such that a reasonable person would have known that it was NOT appropriate to do it, even one time. Or that not being the case, based on prior warnings or company policies, did you have reason to expect that if you did this thing, you very well might be terminated?
They will explore whether you have any sort of pattern of this type of behavior. Had you ever been written up, warned, or told that your language or exhibit of losing your temper on the job was unacceptable? That would hurt your case. What do you mean you never got to review or sign your write ups? Did you have previous write ups for this or some similar behavior?
If you had been warned, then you knew better. If you knew that cursing at your employer might get you fired, you were taking the risk when you told him to F--- off and hung up on him. Still appeal, but just saying...
Please understand, just because somebody yells at you or calls you a whatever does not make it all right to curse them back. It also does not "cancel out" that you did use obscene language on the job. You admitted it. You told him to f--- off and hung up on him. Maybe you were right in what you were telling him, and justified, and he's mean and it was unfair, and he may have called you a name first, but he's not lying when he says you used obscene language to him. You did. If you go to appeals saying he's a liar, you're very likely not going to be approved in appeals.
What I'd suggest is that you describe exactly what happened, and explain that your boss cursed you and called you a name, very unjustly, when you were doing your best to meet his job requirements and do a good job. You had done what you were supposed to do, and when you tried to explain this, he accused you and yelled at you and called you a name. You responded in kind, but because of the atmosphere in the workplace, and that your boss talked this way to his employees, you did not expect that this would result in your being terminated. You just thought it was commonplace for the boss and the workers to say this sort of thing to each other, as this was the tone he usually set. You were surprised when you went in the next day to find you were being terminated. You had had no prior indications that your job was in jeopardy (if this is true.) And you always did the job to the best of your abilities (If this is true.) Going in and calling the boss a liar, threatening to sue him or have him arrested for lying, is not effective or reasonable in this situation. But do appeal, and you may have a fair chance of approval, depending upon the circumstances. Keep making weekly certifications and job searches until you have the appeals hearing, as you would be back paid for weeks you'd filed for if the claim decision is reversed in appeals.
Re: Denied Unemployment Due to Employer's False Statements
does it matter that i was not even at work i was at home it was my day off.
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i actually had a employee wriitten up for cursing at me over the phone he was a salesman and they didnt fire him.
Re: Denied Unemployment Due to Employer's False Statements
You have to appeal or you wont get UI. The appeal is your way to protest the statements made by the employer.
Re: Denied Unemployment Due to Employer's False Statements
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juanocha
does it matter that i was not even at work i was at home it was my day off.
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i actually had a employee wriitten up for cursing at me over the phone he was a salesman and they didnt fire him.
No, it doesn't matter a hoot that you were at home on your day off. Nor does it matter whether they fired the other employee. Maybe they decided that write-ups weren't doing any good so they took a different tact with you.
Re: Denied Unemployment Due to Employer's False Statements
so them switching policies with no prior notice is legal.
Re: Denied Unemployment Due to Employer's False Statements
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juanocha
so them switching policies with no prior notice is legal.
Yes. That's what at-will employment is. They can change the policy whenever they want. If you don't like it you are allowed to quit whenever you want.