T O P I C R E V I E W
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04 S281
Member # 9229
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posted
Boss: Hey you busy?
Me: I'm good. Sup?
Boss: I've been meaning to give you this... *hands me final check
Me: WTF? So... I'm fired?
Boss: Yeah... I was supposed to do it last week... but it was your birthday...
Me:...
Boss: So... Happy birthday!
Me: Thanks [ October 28, 2010, 02:43 AM: Message edited by: 04 S281 ]
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66_5.0
Member # 9974
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posted
Damn serious bro? What for?
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90fox5.0
Member # 9338
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posted
I would of slaped his ass good luck one the job search man
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04 S281
Member # 9229
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posted
"Sub standard job performance"
In reality, the economy is taking it's toll... and the owner is in foreclosure on his house and moving his business out of state. So like 99% of his people are getting let go for various reasons.
Word thru the grape vine is he hadn't paid his unemployment insurance premium in a long time... and if he lays us off and we file for unemployment, he'll get billed and it'll come out of his pocket.
Since we're "fired" we can't apply for unemployment. Seriously awesome.
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CupcakePrincess
Member # 10402
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posted
Pretty sure you can file for unemployment and receive it as long as you were not fired for "gross misconduct". Subpar performance does not fall in line with gross misconduct. Your employer is FUCKED!
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CupcakePrincess
Member # 10402
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posted
Q: My employer fired me because I was always late and I did not make sales quotas for each month. I have to admit, I was often late and my sales were down. Can I still get unemployment benefits?
A: This is one of the most misunderstood areas of unemployment benefits. Many a fired employee thinks that if an employer had good reason for firing the employee, then he or she is not entitled to unemployment benefits. Generally, this is NOT true.
In California, to NOT receive unemployment, an employee must have been fired for "gross misconduct." (This is a term of art in unemployment claims. See below.)
An employee fired for being a dumb ass, lazy, negligent, or poor performer should still be entitled to unemployment. The EDD, NOT your employer, determines if your conduct "sunk" to the level of "gross misconduct." Generally, "gross misconduct" means a willful act that either caused, or could have caused, the employer to suffer significant injury or harm. An example of gross misconduct would be an employer catching an employee truck driver operating a company vehicle while intoxicated.
Assume the employee did not cause an accident nor get arrested by the police, but he gets fired. Drunk driving while in a company vehicle would be defined gross misconduct under the unemployment code and unemployment benefits would not be awarded to the fired employee.
Other examples of gross misconduct might be: 1) selling drugs at the workplace; 2) stealing employer property or money; 3) assaulting a co-worker; or 4) accidentally causing a building to burn down. [ October 28, 2010, 03:09 AM: Message edited by: CupcakePrincess ]
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CupcakePrincess
Member # 10402
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posted
quote: Originally posted by 90fox5.0: I would of slaped his ass good luck one the job search man
Assaulting a coworker would be defined as gross misconduct!
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04 S281
Member # 9229
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posted
quote: Originally posted by CupcakePrincess: Pretty sure you can file for unemployment and receive it as long as you were not fired for "gross misconduct". Subpar performance does not fall in line with gross misconduct. Your employer is FUCKED!
That's good to know.
quote: Originally posted by CupcakePrincess: Other examples of gross misconduct might be...
4) accidentally causing a building to burn down.
LMAO
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50 Deep
Member # 6216
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posted
You serious or playing? Last time we talked at the car show and at my job I'm not sure if I ever asked you where you work. Pm me your email and I will see about hitting you with info for when my job will be testing again.
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04 S281
Member # 9229
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posted
Serious. PM sent.
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Secnd2nun64
Member # 1431
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posted
Go and file for unemployment anyway. Worse case is that they say no.
www.edd.ca.gov
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510.86.notch
Member # 9892
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posted
your good you will have no problem getting edd.i have friends that have got fired for pretty good reasons and still got unemployment.one for safety and he still got it.he gets more than i do..plus my mother works at the hayward office.good luck looking for work i've been for awhile it seems like since everybody is looking for work that they don't have to pay like they used to.they want a lot but don't want to pay $h!t.good luck get your money.
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CobraChick
Member # 9885
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posted
I fired a guy at my job because he came to work drunk on many occasions and then didn't show up one day. So he got canned. Next thing you know he is filing for unemployment, we deny it. End up going to court with this guy and he WINS!!! WTF? so i think in your situation you can get EDD no problem.
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SAV650HAB
Member # 10324
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posted
shit i went to jail, then got fired, got out and still filed a claim and i got paid. Just do it like secnd2nun64 said worst thing is there just gonna say know.
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fredfifty
Member # 10320
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posted
seems unprofessional to fire you and say happy birthday...make a complaint.
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sic70stang
Member # 4347
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posted
If I was him I would have put your final check inside a birthday card
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theturbofrdguy
Member # 10224
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posted
quote: Originally posted by sic70stang: If I was him I would have put your final check inside a birthday card
I would have had a stripper pop out of a cake, with a check in hand, going happy birthday, your fired! Look at titties, dont shoot the place up!
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sic70stang
Member # 4347
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posted
Hahaha
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04 S281
Member # 9229
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posted
LOL... Yeah i'm gonna look into filing for unemployment first thing next week. It shouldn't be a problem i hope.
I just hate being fired. It's a blemish on my employment history. Especially considering I was never late, and worked overtime whenever asked... "sub par performance" is some bullshit. it's just a good excuse that's hard to fight...
I would rather have had the opportunity to quit.
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4.6 EATIN GM'S
Member # 1633
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posted
i just got laid off also, but due to the company i worked for shut there doors the day they told us. good luck with finding something, i am a union sheet metal worker and its hard to find work out there any where
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Secnd2nun64
Member # 1431
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posted
Dont act like your busy not working! lol Go on the website and fill out the form. It's going to take time for them to get back to you. Putting it off wont look good on your part.
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foxstang
Member # 7447
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posted
quote: Originally posted by 04 S281: Boss: Hey you busy?
Me: I'm good. Sup?
Boss: I've been meaning to give you this... *hands me final check
Me: WTF? So... I'm fired?
Boss: Yeah... I was supposed to do it last week... but it was your birthday...
Me:...
Boss: So... Happy birthday!
Me: Thanks
damm that sucks bro. at least he waited i got fired the friday before my birthday weekend. its funny cuz my coworkers had brought be a cake monday..to bad i didnt come back lol
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Blind
Member # 3052
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posted
quote: Originally posted by foxstang: quote: Originally posted by 04 S281: Boss: Hey you busy?
Me: I'm good. Sup?
Boss: I've been meaning to give you this... *hands me final check
Me: WTF? So... I'm fired?
Boss: Yeah... I was supposed to do it last week... but it was your birthday...
Me:...
Boss: So... Happy birthday!
Me: Thanks
damm that sucks bro. at least he waited i got fired the friday before my birthday weekend. its funny cuz my coworkers had brought be a cake monday..to bad i didnt come back lol
I'm sorry but that's funny
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WildFire532FB
Member # 1482
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posted
quote: 4) accidentally causing a building to burn down.
wtf? thats hella random, i wonder how many people burned down buildings while being employed here in CA
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phonso302
Member # 9260
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posted
Apply for edd even if they deny ur claim ask to see a edd judge and go to court.your boss must show up and prove you deserved to get terminated.also when they give you your phone interview watch what you say the write everything down.be sure to mention your boss gave you an extra week,u can use that as evidence that u where not a bad employee or he wouldn't have payed you an extra week
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