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  1. #1
    Join Date
    Aug 2012
    Posts
    26

    Default 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.

  2. #2
    Join Date
    Jul 2012
    Posts
    7

    Default 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.

  3. #3
    Join Date
    Jul 2012
    Posts
    100

    Default 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?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default 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.

  5. #5
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    I work at the corporate building which is no customer are allowed in that buidling.

  6. #6

    Default Re: California Unemployment Appeal Hearing Pending

    How did you find out what classification your misconduct was? Mine just came back misconduct...no explanation. Can you keep us posted on your appeal? When is it?

  7. #7
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    I had to go to the CA EDD website and read through them. here is the link. http://www.edd.ca.gov/uibdg/Miscondu...f_Contents.htm

    My Hearing is tomorrow. 8/8 at 10 am. I have a witness coming with me, I found that under the classification that edd ruled under " violation of employer rule " that ALL six elements must be present for it to be considered misconduct.

    Thus, a violation of an employer rule is not, by itself, misconduct. It would be misconduct if all of the following conditions are met:

    The rule is reasonable.
    The claimant knew or should have known the rule.
    The violation is wilful and wanton.
    The violation is material.
    The violation substantially injures or tends to injure the employer's interests.
    The employer has warned or reprimanded the claimant for previous violations of the same or similar employer rules.

    I'm very confident I will win. Because the violation was not material (it did not interfere with my employers operation). There was no substantial injury or intent to injure my employers interests and I have never been warned or reprimanded for anything.

    I will update the results as soon as I get word

  8. #8
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: California Unemployment Appeal Hearing Pending

    Don't forget this one: The claimant knew or should have known the rule.


    While the bank may have had such a rule about toy guns, there was a very real probability the temp agency you were working for nor the bank communicated such rule to you just because you were a temp, and that's quite often how they are treated.

  9. #9
    Join Date
    Aug 2012
    Posts
    1

    Default Re: California Unemployment Appeal Hearing Pending

    I have a question for you, I just had my appeal hearing as well on the 22nd of August and I received my decision that I won yesterday... Did you receive your check as fast as the appeal decision? Or how long did it take?

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