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gross misconduct defined? California

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  • gross misconduct defined? California

    What is Gross Misconduct.
    Will I not get EDD Benefits?

    My story, I have been in sales 28 years and been very successful.
    4 years ago I went to work for a company that I was top sales guy
    every month that I worked there. They even stopped giving out monthly
    sales awards because I always won them. In Jan. of 09 it started to get
    very slow and I was having a hard time. (I sell to Corp and Gov in CA).
    I still made my quota 3 times between January and June.
    All other sales people had quite or been fired except the sales managers wife who got hired in April. They have not hired any one to take my place and
    I understand that there sales are in the basement. Now when I was terminated it was not pretty. I was told that I was being terminated because
    I had fallen asleep at my computer. (I was writhen up twice for that). I have sleep apnea and late in the afternoon it would get so stuffy in the office
    I would nod off. I was also told that I was on the computer just surfing the net but its actually where I got leads for sales.
    I would not sign the termination document. The owners husband who fired me
    said the sales dept was bleeding money.
    There is a lot more to this story but it would be to long. What do you think?
    One more thing they always try to keep employed from collecting unemployment. Why? They don't pay for it.

  • #2
    Is your sleep apnea diagnosed by a doctor?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      Gross misconduct is not defined by law.

      Even if your sleep apnea has been diagnosed by a doctor, the company does not have to tolerate your falling asleep on the job. If you'd already been written up twice for it, I can understand why you were fired. Refusing the sign the termination did not make any difference.

      Actually, employers do pay for the unemployment. Every quarter, they pay a tax to the state; a certain percentage of their overall payroll. The more claims they have, the higher the percentage they pay. And that is the money that the state uses to pay unemployment claims with.

      It will be up to the state if this is enough to disqualify you for benefits. We don't have a crystal ball to know in advance, unfortunately. Since you had been warned, it's iffy at best. But by all means apply; the worst the state can do is say no.
      Last edited by cbg; 08-26-2009, 02:12 PM.
      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


      • #4
        Yes. but there is a catch. My company did not pay for insurance so I had to payout of pocket. I was using that temp insurance that only lasts 12 months
        at a time. I was trying to get permanent insurance but I had to be symptom free of sleep apnea for 3 years so I dared not to visit the doctor after I had
        the sleep apnea test. I was diagnosed with. savvier sleep apnea. but the company was never given any documentation.
        The company was aware why I was not going to the doctors.

        Comment


        • #5
          None of that changes the answer. Even if the employer had been given documentation, they STILL would not have to accept your falling asleep on the job. That is NOT a reasonable accomodation.
          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


          • #6
            I actually already applied. I was interviewed by phone back in the beginning of July. I have not heard anything since. I did talk with someone at EDD
            at the end of July and was told that nothing has been done since the interview and he would need to talk with the person who interviewed me and would call the next day. I have heard nothing since. No Check, No letters
            nothing. I try 10 to 20 times a day to get them on the phone but so far no luck.
            I only got written up for it twice in 4 years. I made them huge amounts of money as I did in commission but when the sales dropped I was shown the door. I understand they are just surviving off of internet sales. No sales people.


            Originally posted by cbg View Post
            Gross misconduct is not defined by law.

            Even if your sleep apnea has been diagnosed by a doctor, the company does not have to tolerate your falling asleep on the job. If you'd already been written up twice for it, I can understand why you were fired. Refusing the sign the termination did not make any difference.

            Actually, employers do pay for the unemployment. Every quarter, they pay a tax to the state; a certain percentage of their overall payroll. The more claims they have, the higher the percentage they pay. And that is the money that the state uses to pay unemployment claims with.

            It will be up to the state if this is enough to disqualify you for benefits. We don't have a crystal ball to know in advance, unfortunately. Since you had been warned, it's iffy at best. But by all means apply; the worst the state can do is say no.

            Comment


            • #7
              Getting written up for it AT ALL is problematic.
              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

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