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  1. #1
    Join Date
    Feb 2010
    Location
    Novato CA
    Posts
    1

    Question Nepotism and Denial of Unemployment Insurance

    This is California.

    I worked there for nearly 2 years.
    For the last year, I was a keyholder and opened and closed 5 days a week.
    I was never late and never called in sick.

    I had an argument with a coworker.
    Names were called on both sides.

    I was fired the next day.
    She continues to work there.
    She is 18, I am 47.

    Denial letter from E.D.D. states that I was discharged because you spoke to a coworker in an abusive or profane manner.

    Wrongful termination?

    She is the owner's best friends daughter.
    The owner and I are still friendly.

    Of course, I am going to appeal.
    Should I bring up the fact of the owner/friend/daughter relationship in the appeal?
    Does it make a difference?

    Is having an argument with a coworker willful misconduct?

    Any advice?

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

    Default Re: Nepotism and Denial of U.i

    There are no laws for private employers regarding nepotism. If she was retained because she is the owner's daughter's best friend, that is a shame and yes, you got a raw deal in that case, but no, it is not a wrongful termination.

    BTW, whether you are or are not approved for UI has nothing at all to do with whether or not your termination was legal. The vast majority of people collecting UI were legally terminated.

    There is no bright line or list of "this is willful misconduct; this is not". The UI department makes its own decision as to whether any given act is or is not based on the specific circumstances of the specific situation.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Nepotism and Denial of U.i

    I will add that it is not unusual to hold manager's behavior to a higher standard.

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