California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

I was recently fired as quality inspector for taking a short

cut on inspection of a...
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
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 24 minutes by:
10/2/2012
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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?
Ask Your Own California Employment Law Question
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.
Ask Your Own California Employment Law Question
Customer reply replied 5 years 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.

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
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years 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

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.
Ask Your Own California Employment Law Question
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Extensive experience representing employees and management

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
Until last Friday, I was an independent contractor (1099)
Hello,Until last Friday, I was an independent contractor (1099) working for a Los Angeles booking agency. I booked bands nationally for shows and in exchange for the use of the company's license, bran… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a question, I'm getting a job at a company and they
I have a question, I'm getting a job at a company and they are offering me options. However they are not telling me strike price. Should I be concerned? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I am the manager at my family business and had a customer
I am the manager at my family business and had a customer write a check that bounced I would like to help from a lawyer to recover funds of $18k … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I am a Case Manager for developmentally disabled clients and
I am a Case Manager for developmentally disabled clients and am required to travel from each of my clients house within the county and spend 2 to 3-hours with each one. I drive my personal car and am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question on W2 employee and W2 contractor. I am
I have a question on W2 employee and W2 contractor. … read more
Roy Hadavi
Roy Hadavi
Juris Doctorate
11 satisfied customers
How soon can I get a response from an employment lawyer. CA.
hello how soon can I get a response from an employment lawyer … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband works for a company that has a Union Contract. At
My husband works for a company that has a Union Contract. At times he is made to work up to 3 weeks straight with no time off. Is this legal? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x