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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Got Discharge for Leaving Work While on the Clock

    My question involves unemployment benefits for the state of: California.
    I was discharge for leaving work with out clocking out. I notify my supervisor, I stay behind and make up the time because didn't punch out as i leave work for a an hour to take care a personal matter earlier in the day. My supervisor said it was not a problem but after 1 week HR and my supervisor fired me. There reason was i violated a zero tolerance policy. I never got a warning on the incident. There is one more problem when i talk to HR my supervisor edit my time card numerous of time before even when i stay overtime in order to finished my work. That why i let him know about my incidence so he could fixed my time card as before. HR didn't do anything just tell me they will look in to it. Over 1 1/2 months i call HR to get some up date they don't respond. The company in the process moving over sea with 3 to 6 months. I apply EDD and I have a phone interview on 11/06/2009. Is there any chance for me to receive UI Benefits. Please help me with some advice!!! Thank you so much!!

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Got Discharge for Leaving Work While on the Clock

    Did you know or should you have known about the policy? Was it disseminated or in an employee handbook?

    If not, your defense would be:
    1. I did not know about the policy.
    2. My supervisor approved the action.
    3. I have no previous warnings or write-ups regarding this issue. (They don't have to "write you up" before discharge, however.)

    If you have not been paid for all time worked, file an unpaid wage claim with the DLSE.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Got Discharge for Leaving Work While on the Clock

    Thank you so much for your help!
    Actually there is no employee handbook our company was recently sold to a bigger competitor. They was in the process working on unified two company policies into one. In my opinion the company lost money after they purchase our old company(from 120 mil/per yr drop to 30 mil/yr) that why they move to Asia for cheap labor. It just an excuse to for them. I have one additional question about DLSE. How do I contact them? Thank you for your help.. I deeply appreciated your help.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Got Discharge for Leaving Work While on the Clock

    Look in the state government pages of your phone book. Division of Labor Standards Enforcement.

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