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  • Quick question California

    Was talking over social media to former co worker (I left some time ago) he told me The Manager went up to him and said "You are a waste of my hours if you dont quit I will take action". Now I dont know the circumstances before that. He stopped showing up until she let him go. Hes only 20 and probably doesnt understand how UI works. However does he still have a valid claim for UI? He has not asked me I was just wondering
    http://www.parentnook.com/forum/

  • #2
    He stopped showing up until she let him go.

    If by this you mean the reason she wanted him out was that he was not showing up for work, then I'd say no.

    But it can do him no harm to file. The worst that can happen is that he's turned down, and if that is the case he's no worse off than if he never filed in the first place.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Based solely on what you've posted, and not knowing any context of why the manager wanted him gone in the first place, I'd say it's a long shot. Since the manager did not actually say "you are fired" but just made a threat to fire him, and then he stopped showing up, that's pretty clear job abandonment. Actually, it sounds to me like this is exactly what the manager was after-to make him quit so he wouldn't qualify for unemployment.

      However, like cbg said he has nothing to lose by trying, so give it a shot. And advise your friend that next time, he should keep working until he actually hears the words "you're fired."

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      • #4
        Maybe I did not explain well. Here is what he told me on social media "(mgr name) said I was a waste of her hours and if I didnt quit she would take action so I stopped showing up till she fired me" That is word for word what was sent to me minus the Mgr name. It seems to me that Mgr forced him to quit to avoid paying UI. She is well known to be hard to get along with.
        http://www.parentnook.com/forum/

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        • #5
          Maybe I did not explain well.

          No one on a message board can say for certain if he will or he won't. We could make a fairly well educated guess if we had more information, but his syntax is so poor it's impossible to tell.

          However, he should go ahead and apply. There is no penalty for applying if you do not qualify. The worst that can happen is that he is denied. If he applies, he may or may not be approved. If he does not apply, he will definitely not be approved.

          That is the best answer we can give you.

          Panther, with as long as you've been on the boards, you should know that by now.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            True but unlike you I am NOT an HR expert and I needed validation before saying anything to him even though I was sure of the answer
            http://www.parentnook.com/forum/

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            • #7
              Fair enough.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Originally posted by panther10758 View Post
                Maybe I did not explain well. Here is what he told me on social media "(mgr name) said I was a waste of her hours and if I didnt quit she would take action so I stopped showing up till she fired me" That is word for word what was sent to me minus the Mgr name. It seems to me that Mgr forced him to quit to avoid paying UI. She is well known to be hard to get along with.
                It still seems the mgr. didn't fire him until he stopped showing up. It "could" still be considered a quit. However; as the others said, he should apply for UI. It can't hurt anything.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  I can tell you in my state, not showing up until the employer gets around to formalizing the termination would be job abandonment. Employers are not expected to hold open positions for employees who are clearly not returning until the ex-employee sees fit to formally resign. I would think the odds are low as "take action" could mean anything, not necessarily termination. "Quit or I will write you up", is not reason which would grant benefits.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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