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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5046
Experience:  Extensive experience representing employees and management
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I was recently fired as quality inspector for taking a short

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I was recently fired as quality inspector for taking a short cut on inspection of a complex part. The part had passed numerous times in the past few years when I had done complete inspection on it. this time they switched machines which allows for for possible errors. I was not told machines were changed, or I would not have afforded a shortcut on this piece. My hours had been recently cut and I was forced to take short cutts. mistake cost the company money as a couple other mistakes I made had when I recieved warnings. I exclaimed that there isn't enough time to do complete inspections on all pieces. My supervisor said "I don't want to hear there isn't enough time. I had been praised for my speed and accuracy, and even told "rumor has it where you go in the company good things happen." The time when this piece came through. I had been dragged in extensive inspection of a piece that had been made inccorectly and it made short cuts absolutely necessary. My mind is burnt out from all the stress. Also additional stress from false accusation of harassment chages made up by a female employee who would have the facilty manager call human resources for things like asking her for a red pen...as told to do by human resources...andgetting responses like I'm not your slave. This is just one example of numerous ridiculous incidents. This ridiculousness added more pressure breaking my concentration. I am very experienced...journeyman tool maker. Anyway now I am fired for this last piece being made wrong I failed to catch. Will I be able to qualify for unemployment till I find more work. I haave filed a claim and have a telephone hearing date. Mark
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Did your employer state that you were being terminated for taking a short cut? Did your employer state whether or not it would contest your benefits?
Expert:  Joseph replied 1 year ago.
You are presumed to be eligible for unemployment benefits, since EDD presumes that an employer was terminated through no fault of his or her own, and not for cause.

However, based on the statement that you received from your employer, it is likely that your employer will allege that you were terminated for cause due to misconduct since there were alleged problems with your work quality.

In order to demonstrate this , the employer would need to prove:

The claimant owes a material duty to the employer under the contract of employment.
There is a substantial breach of that duty.
The breach is a wilful or wanton disregard of that duty.
The breach disregards XXXXX XXXXX's interests and injures or tends to injure the employer's interests.

Based on the facts that you mentioned, unfortunately, your employer may be successful in proving misconduct, so it's possible you will not be eligible for unemployment benefits.

You can read more about misconduct here:

http://www.edd.ca.gov/uibdg/Misconduct_MC_5.htm

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 1 year ago.


I ok'd the 59.00 payment to you and disregarded the free week. Thanks.


 


Here's what the employer stated and had me sign. Work Quality:


3rd observance of substandard work execution. Incomplete - missed dimensions on first article leading to 80 of 100 parts not passing form fit function. See file where the other things mentioned will be listed.


No the employer has not contest be nefits as of yet. the phone interview is on the 11th. You don't know what I did for this company....and the postive cultural shift company wide as they burned my selflessness out. No he said nothing of taking shortcuts "just that there isn't enough time is unexceptable." You don't know how many screwups I saved them.

Expert:  Joseph replied 1 year ago.
Please remember to positively rate my answer so I get credit for my work!

I understand and sympathize with your frustration, I just want to give you an honest account of your chances for receiving benefits.

What you did for the company, including your overall good job performance will definitely weigh in favor of you receiving unemployment benefits, but every decision is fact intensive.

It will be up to EDD to determine whether or not your employer has demonstrated that you were terminated for sufficient good cause or not based on whether your employer decides to contest your application for benefits or not.
Joseph, Lawyer
Satisfied Customers: 5046
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Joseph:


 


When I have my telephone interview with EDD with week should I mention things that are on my personnel file such a numerous bogus sexual harassment claims from and administrative assistant who had some weird vendetta for me, and one curse word used in a friend to friend way with a programmer who turned his back on me when I was trying to show continual mistakes his team was making. Or should I wait and see if they contest before I build any defense for these things.


 


Mark

Expert:  Joseph replied 1 year ago.
I would suggest that you wait to see if those allegations are brought up before you defend against them, as bringing them up could weaken your case for unemployment benefits since it would give your employer another potential reason to deny you unemployment benefits.

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