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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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im a former walmart employee in cal, worked there for 11yrs.

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im a former walmart employee in cal, worked there for 11yrs. due to a physical arguement with my spouse on my lunch hour, i didnt return to finish my humiliated by the situation i didnt call or show up for the next two days. they terminated me. job abandonement. im denied unemployment..can i fight this

Hello and welcome to JustAnswer.

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

Did you make an effort to call WalMart after the two days or did they contact you directly?

Have you appealed the EDD's decision yet, or are you just working on your appeal now?

Customer: replied 4 years ago.

no i did not contact them, nor did they contact me. my last work day was feb 18, and my termination papers were drawn on the 21st. i have not appealed yet as im not sure what my defense will be.

Hello Tammy,

When did you receive the notification from EDD that you were being denied benefits?
Customer: replied 4 years ago.

april 1st i received my denial.. now the last day i worked was 2/18/13. on the paperwork given to me, they terminated me on the 21st, stating 3 days of no call no show, but thats actually only 2 days (the19,20 th) that were missed befor my termn papers were drawn..shouldent they have waited till the 22nd?

Hello Tammy,


It is definitely worth appealing your claim, since there is no cost to you, and it's possible that a judge would see your situation differently than EDD initially did.


You have 30 days to appeal your denial that you received on April 1st. On appeal, your employer will allege that you voluntarily quit your job since you didn't show up for work for a few days and failed to request a leave of absence or inform your employer that you would not be present.


Unfortunately, it will be difficult to counteract that argument, but since they only waited two days, it's possible that the judge would think that they did not wait a sufficient amount of time or took no steps to try to talk to you to ensure you were leaving work and were not ill or had other issues that prevented you from showing up for work.


Another thing potentially working in your favor is that you can have good cause for leaving your job if you do so due to marital problems (separation or divorce). Definitely, a physical argument for your spouse would be the kind of thing that would prevent you from working and you can argue that it was necessary to leave in order to deal with your marital issues.


I'm not saying either argument is necessarily a winner, but taken together they may provide a compelling case for you to receive benefits by either proving that you did not voluntarily quit your job, or if you did so, you had sufficient good cause to justify the voluntary quit.


Thanks and best of luck!

Joseph and other California Employment Law Specialists are ready to help you