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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am hourly paid employee working in the state of California,

Customer Question

I am hourly paid employee working in the state of California, working at a retail store as Assistant Manager. The environment is unprofessional, driven by irrationality and there is no standard operating procedure. It A is the correct procedure to follow the same A is the wrong procedure to follow the next minute. I hate to say this it more like hanky panky management.
On Monday 19th Aug, the store owner and the Manager started reviewing my work and made irrational and contradictory comments. I defended my position by the procedure I was asked to follow to complete the task. I did what i was told. The manager did not like this because she was responsible now. She said things that were not true. They both kept trying to say i was at fault, the whole situation got heated up i ended up saying "what the f**k" and apologized. The owner said "go home, I don't think you can work" does this mean i am fired? Its a weekly schedule that was up on 17th for this week and I am scheduled to work at 4p.m. its 1:25p.m I have not received any call so far. I was off yesterday. Should I go to work? Or is this case good for unemployment insurance?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 4 years ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you are in this situation. If you are fired, then what you did would not be considered misconduct based on insubordination and you would be entitled to unemployment benefits. However, if all the owner said was "I don't think you can work." this would not constitute a firing if your employer argues that your failure to come into work at 4 was you quitting.

Employment-LawExpert :

The best option in your situation would be to show up at 4 as you are scheduled. If you are allowed to work, then you know that you are not fired, and you must be compensated for all hours worked. If, however, you show up at 4 and they tell you you were fired, (try to get something in writing if you can) then you would have clear evidence that you were terminated. In that instance, you would be able to file for unemployment benefits and claim, quite rightly, that you were terminated without cause, and seek unemployment benefits.

Employment-LawExpert :

Of course, if there is a number you can call, that would also be sufficient, however, having something in writing stating that you did not quit will ensure that you receive unemployment if that situation arises.

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.