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Falsified quit

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Matty12002

Junior Member
Ok so I live in California.

I recently was suspended until further notice for a no call no show. I had notified the manager three days in advance I needed the day off. The employee who was suposed to cover imformed me the night before the day I needed he might not be able to do it. I was then informed two hours before I was to be at the event he wasn't going to cover. I had spoken to the manager the night before and she said and I quote. " Do what you need to do, I will cover for if I need to. " I was then suspended for a no call no show even though she said she would cover.

Anyways I'm not here for that. So upon finding out I was suspended I filled out the form went and made a copy of it for my own records with my own statement. I had taken off my uniform shirt with my name tag and left it on a desk in the back room. I returned the original document and forgot to grab my shirt. The employee mentioned in the first part of this then told my manager and GM that I had quit cause my shirt and name tag were left. When I was told this I told my manager I hadn't quit and I had forgotten my shirt. I was then informed she would talk to the GM. I've not heard back from either of them and they will not answer my calls.

From my minimal understanding they were to verify that I had indeed quit, and that they cannot terminate someone as having quit just because another employee has said so. I'm asking cause I want to know if I'm correct. I'm sure that I can't do anything but fill a labor board violation for wrongful terminate against the company. But I do believe if I chose to I can file a suit against the employee that wrongfully informed them I had quit when I had never even mentioned quiting.
 


cbg

I'm a Northern Girl
No, you are not correct. There is no law requiring that they verify anything. You do not have anything even remotely resembling a wrongful termination claim.
 

commentator

Senior Member
It will make a difference in your unemployment, which you should file for immediately. Any time you are placed on an "indefinite suspension" at the direction of the employer, you have not quit, you are terminated. And you should file for unemployment and detail to them exactly what happened and in what order. Picking up or not picking up your shirt, which it made sense you would leave the shirt there, since you were, for all extents and purposes, terminated at that time, but doing that has no bearing on whether or not you are terminated. What another employee tells the supervisor is totally irrelevant.

When you are terminated, the employer, to keep you from being approved for unemployment benefits, must show that they had a valid misconduct reason to terminate you. No call no show, without any discussion might be a good reason to terminate. However, in this case, it sounds like you had repeatedly asked for the time off, and done so in a very reasonable manner. you had been told, as you said, that your employer "would work it out" somehow. You had NOT been told that if you were off you would be suspended indefinitely or terminated or fired, or whatever they called it. So file for benefits. It may take several weeks, but begin looking for work while you are getting this going, and keep certifying for weeks, and you'll probably be able to get approved for unemployment while looking for another job.

Most people really believe that there is a big "bureau of fairness in employment" out there somewhere, or that they can sue their employer for this or that. It doesn't happen that way. Unemployment benefits are just about your only recourse, and certainly so in this case.
 

cbg

I'm a Northern Girl
Just want to clarify something, since there is a great deal of misinformation out there.

I agree with every word that Commentator has said. However, being approved for unemployment does NOT mean that you have a wrongful termination case. Whether or not your termination was legal has nothing at all to do with whether you receive unemployment or not - the vast majority of people collecting UI were legally terminated.

In order to have a wrongful termination claim, there must be a specific law which prohibits the employer from terming you for the reason he did. As I indicated above, no law exists which requires the employer to verify the reason for your absence, or prohibits them from taking another employee's word about the reason behind your absence.
 

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