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  1. #1
    Join Date
    Aug 2015
    Location
    Silicon Valley, California
    Posts
    4

    Default Seeking Unemployment After Getting Fired for Behavioral Issues

    My question involves labor and employment law for the state of: CA

    Short background:

    I was recently let go after 2.5 years. At exit meeting, they (HR, my 1st-level mgr, 2nd-level mgr) said "We need to let you go because your behavior is aggressive. The way you run meetings is too intimidating."

    I had never heard this feedback before. The issue of aggressive behavior has never come up. In 6 months of one-on-one mtgs w. 1st-level mgr, this particular issue was never brought up. We had a seemingly close working relationship ... collaborative, seemed to get along, etc.

    Then came the sudden termination, one day after I returned from a 2 week vacation.

    They said that the termination is NOT related to job performance. They just said, "Your style of operating just does not fit"

    I realize it was all a "set-up", a justification to get rid of me

    My questions to the advisers on this forum, based on facts above:

    1. What are my chances to obtain Unemployment Benefits in CA ? From reading CA EDD website, I understand that for those who are fired, the Employer has to prove "misconduct" in order to deny Unemployment Benefits.
    2. Does alleged "aggressive behavior" qualify as "misconduct" ? I can prove that NO management counseling was ever given for this allegation.
    3. What kinds of questions will EDD ask me during the phone interview, which "automatically" comes when citing "Discharge / Fired" as reason for unemployment ?
    4. Is there anything else that I should be on the lookout for ?

    The HR folks said they will not "contest" any claims I make on the Unemployment.

    I am trying to prepare, so that I "get it right" the first time, and not trigger any questions from the EDD that might accidentally lead to denial of benefits.

    I would appreciate any guidance you have

    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    There's nothing to prepare.

    You just file and go from there.

    I'm amazed that you didn't file the day of or the day after termination.

    No, I don't think it amounts to misconduct but nobody can predict what your employer will say and all you can do is wait for that to happen and then come back to this thread for an in-depth discussion.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,871

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    No one had to "set you up" to justify terming you. You can quite legally be fired for any reason that does not expressly violate the law. All they had to do, if they wanted you gone, was to say, "StrikeEagle, your services are no longer required. Here's your final check and your unused vacation; you'll receive your COBRA information in due course. The door is over there, don't let it hit you in the backside on the way out," and that would be 100% legal.

    "Lack of fit" is rarely if ever considered misconduct or a reason to deny benefits. Not without your employer making a convincing case that your inability to "fit", whatever they mean by that, is deliberate. And that's not likely, particularly if they're saying they won't contest benefits. While "lack of fit" is a valid and real reason for termination in many cases, it's often intangible and hard to define. That means even if they wanted to contest your benefits, it would be unlikely to persuade the EDD that you were deserving of denial.

  4. #4
    Join Date
    Aug 2015
    Location
    Silicon Valley, California
    Posts
    4

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    Thank you for your quick feedback. My wife got hit by a car 2 days after I got the guillotine. So basically two lightning bolts out of the blue in 48 hours. I was trying to get over the shock of getting stabbed in back when wife accident happened.

    I think my questions are a result of my being overly careful. Typical engineer ... trained to be over-prepared.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,871

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    I hope your wife is all right!

  6. #6
    Join Date
    Aug 2015
    Location
    Silicon Valley, California
    Posts
    4

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    The part about "Don't let the door hit you on the fanny on the way out" .... that's pretty much what they said when they gave me the ax. Pretty much reading from a script. I guess they didn't like me. That's OK, actually.

    Just now have to get past the EDD interviews and make sure I get the unemployment benefits

  7. #7
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    Quote Quoting StrikeEagle
    View Post
    My wife got hit by a car 2 days after I got the guillotine.
    If you need any guidance for her accident, start a new threat in the accident forum and I'll be happy to help.

    http://www.expertlaw.com/forums/forumdisplay.php?f=103

  8. #8
    Join Date
    Aug 2015
    Location
    Silicon Valley, California
    Posts
    4

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    When filling out the Unemployment Application online, for "Reason for Not Working", is it as simple as writing "Discharged / Fired for Lack of Fit" ?

    Or, do I need to write something like "Company did not have further need for my skills" ?

    I don't want to leave myself exposed to any potential stumble when the time comes to do the phone interview with the EDD.

    Any advice or guidance ?

    Thank you

  9. #9
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,881

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    Don't lie. Tell them what the company said.

    - - - Updated - - -

    Quote Quoting adjusterjack
    View Post
    If you need any guidance for her accident, start a new threat in the accident forum and I'll be happy to help.

    http://www.expertlaw.com/forums/forumdisplay.php?f=103
    Like button.

  10. #10
    Join Date
    Mar 2012
    Posts
    1,323

    Default Re: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

    Quote Quoting eerelations
    View Post
    Don't lie. Tell them what the company said.
    You have no obligation to do this. You are only required to tell EDD that you were fired. Unless you are a psychic or mind reader, you really don't know why you were fired. If your employer is going to contest your claim after they told you they wouldn't, they will and they will try to get you disqualified. Don't make this any harder than it needs to be by spinning an unnecessary story. Let the employer do their own dirty work.

    I've seen too many times where a claimant gets awarded benefits but because the story the employer told vs what a claimant tells ends up with an unnecessary "false statement" penalty.

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