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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5272
Experience:  Extensive experience representing employees and management
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i was fired from my job,that i have been at for 9yrs,went all

Customer Question

i was fired from my job,that i have been at for 9yrs,went all the way to assistant service manager,then after doing this work,i stepped down to a regular grocery clerk,after 9yrs at this particular company,i was transferred to the same company,but about 20 miles or so,from my first store,so in a matter of 3 working days at this store and giving this company my blood,sweat and tears,i was given the boot for taking some keys home,i felt at the beginning of this transfer it was some kind of set-up to get rid of me,they would love nothing more then to get rid of a full-time employee and making the top wage in this economy corporations love this,i did file for unemployment benefits,do you think i should get it?and my other question is one of the managers that worked there pushed me to do a job,and this was at the same store i was fired at,can i get some kind of remedy on that issue?they have cameras at this store so im sure that when he pushed me it was and should be on there store camera.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

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

What reason were you given for your termination?

Do you mean that one of the managers literally 'pushed' you?
Customer: replied 2 years ago.

for not giving the keys that were given to me,to give to a manager,and didnt give them there keys till the next day,and yes i was literally pushed...

Expert:  Joseph replied 2 years ago.
Hello David,

You are presumed to be eligible for unemployment benefits since you are presumed to be terminated 'without cause' by your employer by EDD.

In order to rebut this presumption, your employer would need to prove that you were actually terminated for cause and not through no fault of your own.

This would typically need to be done by proving that your actions amounted to misconduct. Failing to return keys that were given to you, but returning them a day later would be very unlikely to constitute sufficient good cause to deny you unemployment benefits.

As far as your situation with the manager who pushed you, you can and should file a police report against him or her for assault. You could also file a civil suit against the person for any damages that you suffered from the push, including emotional damages due to the experience.
Expert:  Joseph replied 2 years ago.
Hello David,

Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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Joseph
Joseph
Attorney at Law
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Extensive experience representing employees and management