Your question is: Is it a ground for termination for missing lab. work x2.
Unfortunately Rosemarie, under CA law, an employer needs very little justification to terminate an employee. In fact, unless you have a written contract of employment with your employer, which guarantees your position with the company for a set period of time and at a given wage, then you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, problem co-workers and company policies.
In CA, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory.
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
The fact that no harm came to either of your patients does not act as a legal defense to being terminated. And so yes, Kaiser may legally terminate you based on the 2 minor errors.
The bigger issue at this point is whether toy choose to resign or be terminated---arguably for cause based on the errors.
If you are terminated, you will have to explain the termination to future employers---and that could be problematic. because you did make these errors, and despite the fact that no harm came to the patients---Kaiser will argue that it could have and that the termination was for good cause. This, if accepted by EDD would prevent you from being eligible for unemployment benefits.
Resignation would allow you the greater ability to avoid the stigma of having been let go by an employer, and will definitely look better on your resume.
In the meeting you might propose something a but different than just resignation or termination. Discuss with the a third option of what in CA is known as a Mutually Agreed Separation. This is still a resignation for your resume, however, it will also mean that you will qualify for unemployment benefits while you are searching for a new position. A Mutually Agreed Separation is seen as an agreement between you and the employer that things are not working as either of you had hoped for, and without any assignment of wrongdoing, it is simply agreed that you will leave. Here is a link to the EDD regulations dealing with this method of departure. Refer to Section F:
So, you have several options, but many find that where termination is pending, than a Mutually Agreed Separation is the best way to go. Just be sure if you work this out, that you get in writing from the employer that there has been an agreement reached and that they acknowledge that your leaving is based on a Mutually Agreed Separation.
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