I don't know what to do!I have $114 in my bank account, and I take care of three nephews who are a 4yr and two 6yr olds. I'm only 23 and I'm very scared, anxious and depressed that I can't find a job. I was recently fired for being accused by my supervisor for sleeping on the job which is untrue. I've had steady employment these past 5 years at the same location just had changed contracted companies twice. I was making a decent amount of money in my opinion, $14 an hour. It made me happy.I've always been a cheerful guy and love to work. In December of last year I even received an employee of the month award. A few months ago I was moved into another team. I was a bit disappointed but tried to make the best of it. I had noticed my new supervisor was always checking up on me and singling me out on occasion. He would occasionally assign me into a more physically demanding position when I had been authorized for more important positions. In March of 2012 He had assigned me to the most basic position. I remember he had approached my workstation on about four to five different occasions that day to check on all my paperwork and safety equipment. I finally approached him and explained to him how uncomfortable I felt that he was singling me out and I wasn’t sure what I ever did to him. He had just stated that he understood what I meant and I shouldn’t have anything to worry about if everything is in order. He continued this type of treatment of me up to my termination in May. In the location we work in no employee or supervisors are allowed to take images with any camera including cell phones such actions would include immediate termination. On the last 3 day rotation before my termination. I was working in extremely loud work area. We are required to document every single adjustment which occurs every 15 to 30 minutes. I had documented a change at about 3:05AM. There was a chair in my workstation that generally is never there I decided to sit for a few minutes and wait for the next change. I admit I had shut my eyes for about 2-3 minutes. I was conscious and thinking about what I had on my grocery list. My supervisor honked the horn on my forklift which was right behind me. I turned and he said he had caught me asleep, I explained that I wasn't and to look at my last documented change which was at 3:05AM and it was now 3:08AM. He stated he had been standing next to me for 15 minutes which was impossible. He then explained to me he had taken pictures with his cell phone. I honestly thought he was kidding because he said he'd been there for 15 minutes. The next day I was assigned to the same position. But this day he had accused me of throwing away good raw product directly into the trash. I had explained to him that it was partial raw product that had been covered in hydraulic fluid. He then stated that he had seen it with both of eyes and that I shouldn't lie. All these issues with my supervisor out to get me made me have anxiety issues and I was nervous of making some kind of mistake every day.Sure enough on my first day off. Which was my birthday. I received a call from my HR manager. She explained to me what my supervisor had presented to her. I was told he had found me unresponsive at my workstation and he had shaken me and called my name for 15 minutes!!! And that I did not respond until he had honked the horn on the forklift behind me. Unfortunately she was required to terminate me. I took this opportunity to explain to her the type of behavior my supervisor was occasionally performing against me. I wish I would have said something earlier now. She thanked me for explaining that to her and that she would investigate my statement. I heard from her days later, with the same conclusion. I later spoke to co-workers to investigate if she had fallowed up, but no one was ever contacted. I had franticly submitted application everywhere possible but with no luck. I had applied for Unemployment Benefits and in an act of desperation I submitted my reason for job loss as "Laid-off, not enough work to go around" I later received a letter of benefits award of 423 a week. I was so relieved I actually cried. Now I'm full of panic as I have just received a letter of Unemployment Benefit Eligibility Interview for this Friday. I don't know what to say. I don't know what to do. I have to start selling my possessions to be able to take care of myself and my nephews.Please help any advice is extremely appreciated.Is this discrimination? Wrongfull termination?What should I tell unemployment?
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Hello and welcome to JustAnswer.Do you have any reason to believe that you were discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, sex, or disability)?
I am Hispanic, but so where others in are team. I believe he never liked me because I was always the joker in team huddles. Maybe this was why he would always single me out. Is this something I should bring up to unemployment?
No, unfortunately, personal dislike doesn't amount to discrimination so it wouldn't be the basis for a discrimination case or a wrongful termination case.It could be something to bring up with unemployment, but you should focus on providing support that you were terminated 'through no fault of your own' and not for cause.Did you receive a list of questions that you will be asked in your interview?
Why are you no longer working at you very last job?Where you werned that you actions could result in being fired?When were you warned?Information on claim What information may have been incorrect or inadequate?Why did you give that information?
You should probably explain the reason that you were given for your termination, and that you don't believe that it was correct, since it's likely that EDD received information from your employer that conflicts with the reasons you gave for your termination.I would suggest that you be honest with EDD and explain that you were mistaken in stating that you were 'laid-off,' due to there not being enough work to go around.'Unfortunately, you could be disqualified from receiving benefits if you are considered to have been terminated for cause.However, cause is defined as 'willful misconduct,' and it is your employer's burden to demonstrate that you actually committed willful misconduct, so you still have a good case for receiving benefits even though you were not actually laid-off as you previously reported.
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