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  1. #1

    Default Quit Old Job, Fired by New Employer

    My question involves unemployment benefits for the state of: CA

    I am SO furious right now! I was unhappy with my old job and was not making enough income to pay the bills, etc... BTW, they were also looking to get rid of me anyways because they gave my job to a younger, less expensive salary-wise employee. It was time for me to go.

    So, I went job hunting, interviewed with several jobs, and decided on the one that I felt comfortable with. However, during the interview with the new job, I was made it VERY clear to the person who would become my new boss, and in fact I specifically stated (as well as over-emphasized to her) that I had NOT done hardly any of that particular kind of work in the last 2 years, and virtually none of it at all in the previous 3 months. She said "No problem, we can allow you to have 3-4 weeks to get back up to speed and get re-acclimated to the position." We had a verbal agreement and a general understanding that I was supposed to "ease into" the position, with no immediate expectations of performance on their part.

    But the main reason they claimed they wanted to hire me, was that I did have prior experience 5+ years of doing that exact same job in my previous employment, as well as over 20 years in the business overall.

    So, since they offered me more money than I was getting at previous job, and a 4 day work week instead of 5 (which is what I wanted), and they seemed to be honest and a good company to work for, I accepted the new job. Then, I gave my 2 week notice at the old one.

    But, here is what sucks and is why I am VERY upset:
    First of all, they straight up lied to me about several things!

    1) My start date. I was supposed to start with the new employer on the Monday following the end of my 2 week notice at the old job. In reality, they stalled me and gave excuse after excuse and I didn't start work until 10 days AFTER that Monday, and lost all those days of pay.

    2) They hired 3 other employees for the same position as mine, and were literally trying out all 3 of us at different times during that 10 days mentioned above ^^ in #1), as well as during my first week. What I also didn't know before accepting the position, and what they failed to tell me, is that they were going to pick ONE of us for the job, and fire the other 2 right away. BTW, this was the reason for the delay of my starting day. (Although they won't admit it!)

    3) The "break-in" period that they agreed to allow me to have (as discussed during the interview, before I was hired) ... never happened. I worked 2 days, and then I was told to take the next 4 days off. Then, I worked ONLY one more day for the new company ... and they fired me at the end of the 3rd day on the job! Gone ... just like that!

    Their reason: After just 3 days, they felt that I was not efficient enough for the position. They claimed I was not experienced enough to be considered competent for the position. I was also "too-slow" they said. But, I know that I would have been the perfect guy for job in 3-4 weeks after I got into my groove, since I did have many years of experience at the same position in my past. In fact I had this similar situation many years ago in my past, and it took 3-4 weeks to get re-acclimated; this is why I knew it would take me 3-4 weeks in the beginning, and it is why I brought it up in the interview.

    But, nevertheless, they chose one of the other new employees and I got axed.

    My questions:

    1) What recourse, if any, do I have to sue them? (BTW, they did hire me on a "provisional" 90 day probationary period, which I signed and agreed to be an "at-will" employee for the first 90 days)

    2) Will I be eligible for UI compensation? Or did I get screwed? (I guess I should mention that I had been working full-time for my previous employer for 1 year)

    BTW, # 2) ^^ is my MAIN concern. I don't care too much about suing them, I just want UI because I need the money BAD!


    This whole thing MAJORLY sucks because the new employer put me in a huge financial bind, not to mention my financial situation was already terrible to begin with (I have been on the brink of filing chapter 7 BK, and living paycheck-to-paycheck for the previous 12 months at my old job.

    Now I don't have ANY job or ANY income ... just like that! It's hard to believe that employers are allowed to do such crappy things to unsuspecting new hires. It is just wrong!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Quit Old Job, Fired by New Employer

    You don't say how many days it's been since you were fired but you need to apply for UI right now. Maybe you can do it online.

    I think you might still be eligible for benefits.

    You won't know until you file.

    As for suing the new employer I don't think you have anywhere to go with that but it couldn't hurt to see if you can get a free consultation with a lawyer and review your options.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Quit Old Job, Fired by New Employer

    Quote Quoting gonzodude
    View Post

    1) What recourse, if any, do I have to sue them? (BTW, they did hire me on a "provisional" 90 day probationary period, which I signed and agreed to be an "at-will" employee for the first 90 days)
    In CA, you're an at-will employee forever, not just the first 90 days. However, no, you don't have any recourse to sue them just as they had no obligation to keep you employed.
    2) Will I be eligible for UI compensation? Or did I get screwed? (I guess I should mention that I had been working full-time for my previous employer for 1 year)
    You should be if the reason why you were let go was because you were too slow and they didn't feel you would catch up fast enough.

    This whole thing MAJORLY sucks because the new employer put me in a huge financial bind,
    No, you put you in a huge financial bind. All your financial decisions were your own. They offered you a job, they evaluated you and decided 2 days in there would be no way for you to acclimate yourself, get up to speed and meet their expectations 3 weeks from now. They're under no obligation to keep you for 3-4 weeks while work is piling up because you need to get yourself together...
    not to mention my financial situation was already terrible to begin with (I have been on the brink of filing chapter 7 BK, and living paycheck-to-paycheck for the previous 12 months at my old job.

    Now I don't have ANY job or ANY income ... just like that! It's hard to believe that employers are allowed to do such crappy things to unsuspecting new hires. It is just wrong!
    Always expect that from now on, when you start a new job (or on any job), you should believe that every day at that company could be your last. Also, since you're now on the job search train again, don't apply for any jobs you're not qualified to do.

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

    Default Re: Quit Old Job, Fired by New Employer

    1.) None

    2.) Probably. But the only ones who can say for certain would be the UI commission, so you need to file immediately if you haven't already.

  5. #5

    Default Re: Quit Old Job, Fired by New Employer

    Great info! Thanks everyone for the comments. You have been helpful. BTW, I just got the axe yesterday. They did make me sign a waiver that basically spelled out the "at-will" employment, and acknowledging that my employment was just that with them. But, I thought I had to work for the new job for a certain period of time before I would qualify for UI ... ? Or, is there no such thing?

    Anyways, I think I am going to file Monday, because I think it takes 2-3 business days for my final (only) paycheck to clear. I am afraid they might try to put a stop payment. But I guess they won't know I filed a UI claim by the time it clears ... ? BTW, the first check they wrote me would not clear due to insufficient funds. Also the boss that just fired me at the new job used to work at that same bank and was a manager or something like that. So, I am a little nervous about her manipulating the check somehow.


    Arghhh! I really wish I could just go crawling back to my old boss and beg him for my job back! However, I know there is absolutely zero chance of that happening. On the brighter side, I am already in the process of looking for another job ... No time to waste!


    But, one more thing:
    I think that I may definitely have a chance to get UI for the 10 days that I was out of work because they delayed my starting date 10 days, and made excuses that were no fault of mine. But I have not filed a claim for that because I did not want to get them mad at me for that (remember I was still technically employed by them until yesterday). I know that in CA employers have to cough up 50% of the UI claim from their reserve account, and the state pays the other 50%.

    Or, would this claim for the 10 days go on my old employer's reserve account? Or ... the whole claim in general?

    Can I still get a small amount just for those 10 days, or am I now ineligible because I waited too long to file?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Quit Old Job, Fired by New Employer

    In most states, they don't look at how long you were at the most recent job; they look at the combined total of your employment for the last five quarters.

    However, in almost all states a claim is based from the day you applied. If you didn't apply for it at the time, that 10 days is gone, almost certainly.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Quit Old Job, Fired by New Employer

    The easy part, you won't get benefits until you apply. You could have gotten benefits during that 10 day wait because it was your new employer's fault, but you didn't apply, so that ship has sailed.

    Your situation is addressed by this http://www.edd.ca.gov/uibdg/Voluntar...uentEmployment

    It's two prongs. They look at why you lost THIS job (looks nondisqualifying), and because you didn't earn enough to "purge" the disqualification from your 2nd to last job, they then look to the reason why you left. Know that the burden is on you, so it would be great if you had a written job offer. You have to prove that you had a job offer (you did because you actually started to work), you want to show that the job was somehow better, and it looks like it was. This is where the offer comes in (or a paystub for the time you were there). It's better when it's on the employer's letterhead rather than just your say so. This is a quit after all and the burden is on you. Also, if your letter of resignation said something contradictory as to why you left for this new job, then expect a problem. You can't quit for a new job, and because you don't want to make your employer mad say, "I'm quitting to help with my sick mother," when the truth is it was to take a new job.

    As to who pays, it's going to be your 2nd to last employer. The short time on this new job didn't put any of your wages in the base period that will be used. There is no 50/50 split. Your old employer will pay it all from their reserve account. For that reason and especially if you have a decent WBA, your old employer if they were smart, would seriously consider taking you back. It's better to pay you for work, than to pay you from their reserve account for nothing. You seem to want to go back so call them, apply for UI, and when you get approved, call them again.

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