Raster, shut up. You always get the FMLA and the ADA ones wrong. There is no possible way this was a wrongful termination, even if she gets unemployment. Why you insist on posting in threads where you not only don't know the answer, but you SAY you don't know the answer, I will never know. Just stop answering employment law questions - I don't care if you were in HR for twenty minutes a couple of centuries ago, the laws have changed a lot and you haven't kept up. Stop it.
To be fair, I think that Raster’s latest comment was meant to refer to qualifying for unemployment and suggesting that the one incident of drinking in the parking lot might not end up killing the UI claim (though it is kind of hard to tell as he doesn’t make that terribly clear). I have no idea if CA would grant UI in this instance — as liberal and employee oriented as that state is, perhaps there some chance there. I leave that to others who know CA UI to sort out. I do agree, though, that there is nothing here that implicates the ADA or FMLA (or the California versions of those laws) and that nothing here indicates wrongful termination.
Raster has a long history of posting bad information in the forum under a number of names. The style is obvious. (Hello, HRinDevon.) He can't stay away.
I agree with cgb if you're going to drink at work, and then try to get approved for unemployment, CA is the state to do it in. But there are a few things you need to have pointed out to you. First of all, you go on and file the claim. If you don't answer the questions, if you are going to put "fired" as the reason you left, you are going to be denied. It's certain. That the employer isn't going to respond because it's Christmas or something...that's a ship that will have sailed long since by the time they're even called. Because once you file, there will be at least a two or three week time between your filing and the inevitable denial you will receive for having put "fired" as your reason for being out of work. During that time, the agency will be doing an investigation which will involve contacting both of you. There is VERY little chance that the employer who fired you will benevolently decide to not contest this one, because for better or worse, the employer did not say "Laid off due to lack of work" on your termination letter I suspect. It costs them money. That's their bottom line.
Besides, I suspect that every person who works with you has heard what happened, you probably discussed it with dozens of them, and they all heard you directly admit to drinking the two beers. You actually probably admitted it to the employer during your exit meeting. Eventually it's going to come out with unemployment. After you've filed your claim, you're going to (according to a method advised here) say nothing except that you were fired. Hopeully the claim goes in and is filed with such limited info. Then there will be a two or three week investigative process. They will call the company. Then they'll doubtless call you. Are you going to refuse this phone call too?
They will say, "The company says you were fired for drinking two beers in the parking lot and coming back in to work. Is this true? Or they will say "The company says you are fired for driving to work drunk." How are you going to "rebut/discredit" the employer's statements without doing serious damage to the truth? And what are you going to say, "I prefer not to answer this on ground it might incriminate me"? or perhaps you might go into all the terrible things that had happened to you the night before and try to justify yourself. Either way, if you do not flat out lie, you are going to have to eventually tell the truth and the truth is you went out to the parking lot and had two beers while on the job, then you went back in to work. If this was regular and acceptable behavior at your workplace, I'd certainly throw that in.
But really, we all know this is probably gross misconduct, something so indicative of bad judgment that you should have known it wasn't right to do it, even once, though you hadn't ever done it before and had no prior warnings or write ups. You'll eventually get communication informing you that your claim has been denied and that you can appeal this decision. You will submit an appeal. Okay, meantime, let me mention, this is another couple of weeks on down the road, at least, still with no money coming in. You have received no money at all from unemployment up to this point, though you are making certifications for each week that passes. You have the hearing. What are you going to say? Even if they do not show up, do you think that the hearing officer is not going to find that drinking in the parking lot before going back in to work in a job where you have customer contact is going to be acceptable, and judged not a valid reason to terminate you? I'm interested in what you're advised to say at the hearing. Do listen carefully and answer only what is asked.
I would strongly advise that you not bring in all the personal reasons. If you had failed to go to work that day, and you were fired for your absence, and your reason was that you were a victim of domestic violence, you'd have had an excellent possibility of approval in California, that claimant friendly state. But really, that you had a bad night is not a valid reason to come to work and drink alcohol. It was very bad judgment, so bad that it very possibly will be considered gross misconduct and your chances of being approved for unemployment are pretty slim, whether the employer shows up to contest or has a hearsay witness or not.
Also, the thing I am stressing is that will be a LONG TIME before you get any money from unemployment, even if it were to turn out that your claim is approved. By all means, file the claim. But do not expect a quick outcome, even if you were to get a positive outcome it's a long way off. You say you have a child to support. Don't count on unemployment, it is NOT needs based, and will not be approved due to your need for it or your personal situation. Be looking for a job. And get some counseling, get out of this relationship, check out some Al-Anon meetings. It's obvious you are dealing with a bad actor here, and you do not seem to have any dealing skills. Thank goodness he's gone! In a few days he'll probably be back being unbelievably sweet and loving and making tons of excuses and setting you up for a long life of dealing with behaviors like this. Don't.
That's who I thought it was!Raster has a long history of posting bad information in the forum under a number of names. The style is obvious. (Hello, HRinDevon.) He can't stay away.