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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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En, I'm about to be fired performance in Ca. Will I be able

Customer Question

Hi Allen, I'm about to be fired for sales performance in Ca. Will I be able to get unemployment. My employer has acknowledged some team members being given a competitive advantage and just made changes for equality, but only in effect this week, too late for me. Thanks
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

Allen is not available at this time. Please permit me to assist.

Poor performance is not grounds for the California Employment Development Department (EDD) to deny unemployment insurance (UI) benefits. Conduct must be willful or grossly negligent to disqualify a claimant for benefits.

The intended meaning of the term 'misconduct' . . . is limited to conduct evincing such willful or wanton disregard of an "employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree of recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional disregard of the employer's interests or of the employee's duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertence or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute. Maywood Glass Co. v. Stewart (1959) 170 Cal.App.2d 719, 723-724.

Based on your description of your circumstances, you are entitled to UI benefits, because your conduct does not rise to the level of willful or gross negligence.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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