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UNEMPLOYMENT TELEPHONE INTERVIEW California

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  • UNEMPLOYMENT TELEPHONE INTERVIEW California

    I have a telephone interview to determine my eligibility for unemployment in five days. I was fired from my position and would like some advice as to what to say or not to say.

    I was fired because I got into an argument with my boss. After the disagreement, I found a letter in my mailbox. I was instructed to visit her in her office. When I got there my boss and my supervisor told me that my actions were not appropriate behavior and they were letting me go. They gave me no written documents explaining their decision. Furthermore, I have NO documented cases or incidents of poor behavioral issues. Also, I was given no chance to explain myself and have never been warned about anything regarding behavioral issues in the past. Lastly, before I was told that I was getting fired, my boss explained that I was employed under an "At Will" basis and that they could let me go at any time. I think she understood that, although my actions and insubordination were inappropriate, there is very little to justify my firing. I had been a loyal employee for 15 months and have had only one negative performance-related issue documented.

    What euphemisms should I use? What are my odds in getting UI?

    --Finally, I realize that insubordination and getting into an argument with your boss is grounds for firing. Although I disagree that I should have been fired, I know there is little I can do.

    Thanks and Please help.

  • #2
    You are correct that you can be fired for insubordination & getting into an argument with your boss.

    During your unemployment interview, all you can do is stick to the facts & tell the truth. The state will decide if you get benefits or not.
    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.

    Comment


    • #3
      They gave me no written documents explaining their decision. They aren't required to.

      What are my odds in getting UI? That depends entirely on how egregious this instance of insubordination was.

      Comment


      • #4
        It is my understanding, that for-cause employment stipulations must be proved by the party claiming for-cause employment, in any at-will employment state.

        At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., a union). Under this legal doctrine:
        “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1] ”

        Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.

        Source: http://en.wikipedia.org/wiki/At-will_employment
        Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

        Comment


        • #5
          This helps but...

          I realize I was hired "at will" and discharged because of a small disagreement. Because I was hired and fired "at will". Doesn't that work to my advantage?Here's my point, I was never given a chance for behavioral correction, Furthermore, there have been no documented incidents of insubordination or any sort of behavioral issues.

          Let me also clear up the "disagreement". I asked my manager to provide paper for te copy machine instead of having us (the teachers; I'm a teacher) run around for it. My manager said it wasn't her job. I said if there's no paper in the machine I can't do my job. She said that is not her problem and if I have an issue with it I can leave. End of discussion. After teaching, I found a letter in my box instructing me to visit my manager. As soon as walked in, the check had been cut, HR had been contacted and I was discharged.

          Again, no documented incidents and told I was hired "at will" and could be fired at will.

          Comment


          • #6
            My opinion is that this should not be enough to disqualify you for unemployment.

            My opinion is not binding on the EDD. My opinion and $2 will get you a cup of coffee.
            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


            • #7
              In principle, “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1] ”

              "At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability".

              Any liability, in an at-will employment state should be considered a for-cause stipulation or implied in fact.

              The party claiming for-cause employment (stipulations) has the burden of proof of such an employment relationship.
              Last edited by danielpalos; 07-07-2009, 09:50 AM.
              Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

              Comment


              • #8
                OK...little more...

                I don't intend to show I was hired under any other circumstance than "at will".

                Isn't the burden of proof on the employer to show that the employee was at fault?

                In my case, doesn't my employer have to show that my behavioral issues led to my discharge. Without any documentation or signed warnings that would be impossible. Furthermore, I was a loyal employee for 15 months.

                Now, I'm not saying that my employer couldn't discharge me. I'm saying that my employer cut off my employment and my opportunity to earn a living.

                Comment


                • #9
                  I'm not quite sure what you are asking for.

                  I have already given you my opinion on your likely UI status. NO ONE here is able to offer more than an opinion. However, if there are no warnings or disciplinary actions that the employer can show, it is LIKELY that you will prevail. No one here can carve anything in stone for you.

                  What else is it that you want us to tell you? I'm confused.
                  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


                  • #10
                    Ok

                    OK, got all I need. Sorry for any confusion. This whole process has been a headache.

                    Thanks for all the help. I have phone interview tomorrow and will post a verdict when given...if anyone is curious.

                    Comment


                    • #11
                      Personally...I would have just got the paper for the copy machine and still been employed. A little bit of good will goes a long way...just saying

                      Comment

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