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  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Default Fired After Time Clock Malfunctioned - Can I Get Unemployment

    My question involves unemployment benefits for the state of: NC

    I've been working for this company for about 8 months and this was my first job. I came into work on time. I was placed on drive thru. I haven't been on drive thru for over 2 months so I was a bit rusty. I was taking orders and handling the register by myself. Everything was fine until one order got messed up when I had to separate the transaction into another transaction. My co-worker did not clear the order when it was completed although she had already made it. The customer pays on a separate transaction and wants another meal in another transaction. After that a man and a woman ordered. But their orders were getting mixed up. They came back b/c they had received the previous customer's transactions. My co-worker gives me an attitude. My assistant manager tells her not to get an attitude or he would clock her out. We go back to work. Another order takes place. A man orders a meal and a woman orders a meal but the woman had to wait. The man already paid but did not receive his food. My co-worker does not start on his order, she starts on the third and last orders. I tell my assistant manager that my co-worker is not helping me. They go to the back to prep. Doesn't say a word to the co-worker. But then comes back and asks what is this man waiting on. I said he's waiting on this item. The item that I was reading was the next order (the woman's) but the total was the same amount. The assistant manager tells me to pull them. I tend to the woman's order and ask her if she got the next order. She says got the order with the waited item. But I had already cashed it out as the total was the same. I call my manager for help again. I try to explain to them what happened and how I messed up the order. The assistant manager isn't listening and is talking over me and talking down to me. I try to explain to the assistant manager again but they are still talking over me and giving me an attitude. I get frustrated and say I need to clock out or something. I go to the screen and press the clock out button but the computer will not allow you to clock out early so I knew it wouldn't let me. The assistant manager tells me if I clock out, I'm not coming back. I say ok but I DO NOT TRY to clock out again. I keep my hands down. The assistant manager tells me to leave my register open and takes my register into the office. They tell me "you can clock out now. Matter of fact, I can clock you out from the computer (in the office)". Well I can't clock out unless the manager overrides it but because the manager said they would clock me out, I went into the lobby to make a phone call to my manager. They didn't pick up so I went back to get my time sheet and the paper to sign. The assistant manager tells me to come over to the cash register to sign out and I tried to clock out twice but my finger print wouldn't work. I was also on the phone at the time calling the manager again when I attempted to clock out when the assistant manager told me to. The system wouldn't let me clock out so I went to the lobby to speak with my manager. He told me to go ahead and clock out before things get worse. I'm waiting to use the system to clock out but there was a long line of customers and the assistant manager told me they would clock me out from the computer in the office anyway so I told them that they can clock me out and I left.

    I spoke with my manager in a meeting where he spoke with his boss. He told me to call back this morning. I called him back and his boss said it was job abandonment because I had attempted to clock out when I said I need to clock out or something. But the way the system is set up, you can't clock out. You'd either leave or wait the manager clocked you out. I never left and the assistant manager told me to clock out.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired After Time Clock Malfunctioned - Can I Get Unemployment

    The UI office is not going to unilaterally accept the boss's classification of it as job abandonment without investigating what happened. The employer is free to call it that within their own personal records - the UI office cannot and will not force them to change them. However, the UI office can and will determine for their own records what THEY decide to call it, and it is what they decide to call it that will determine if you will get UI benefits.

    Based SOLELY on your description, my opinion (which, with $2, will get you a cup of coffee) is that you were fired for poor performance and that you will receive UI benefits, since poor performance is rarely if ever a disqualifier. Please note that I have not heard your employer's side of the story and that my opinion is not binding on the UI office.

    File for benefits. The worst that can happen is that they say no, and if they say no you can appeal.

  3. #3
    Join Date
    Jan 2013
    Posts
    17

    Default Re: Fired After Time Clock Malfunctioned - Can I Get Unemployment

    cbg, you give NC and its employers too much credit.

    The employer is not going to accuse the OP of poor performance. The employer is going to lie - as they often do - and accuse the employee of job abandonment. It won't matter what the OP says. NC will rule for the employer. OP should prepare for an appeal. He will be unilaterally denied.

    That said, file for benefits immediately. If you file after July 1, maximum benefits are reduced and you will need a whole lot more income to qualify for a respectable benefit. Further, NC will not pay more than 20 weeks benefits for anyone filing beginning July 1, whereas if you file now you at least can collect up to 26 weeks if your base earnings allow.

    Also, there are no federal extension EUC payments for anyone in NC beginning July 1 - no matter when they filed their claim. All EUC payments stop 6/29.


    North Carolina doesn't give a rat's a$$ about the unemployed. Clearly, they believe their unemployment rate of 8.9% is a mirage - and all these people collecting benefits will now find a job because their benefits will stop.

    Good luck to you. You will have a new job (hopefully) before you will collect unemployment benefits in the State of North Carolina.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired After Time Clock Malfunctioned - Can I Get Unemployment

    I didn't say the employer was going to accuse the employee of poor performance. If you actually read my post you would see that.

    What I said was that IMO that was the final conclusion the UI office would come to. Contrary to popular belief, the UI office does not automatically take the employer's word for what happened.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fired After Time Clock Malfunctioned - Can I Get Unemployment

    Off course high unemployment is a mirage. Otherwise, why would the Feds try and add another 12 million to the work force on a whim.

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