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Was it legal termination?

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JLEA

Junior Member
What is the name of your state (only U.S. law)? California
Was my job termination legal? (Outside Sales Representative)

My employer terminated me because of misconduct. Not Gross Misconduct, just misconduct. Our employment agreement was that I would provide my personal vehicle to makes customer and sales calls. My employer would provide me with gasoline money and pay me by submitting an expense report. My employer claimed that I used too much gasoline and told me I stole gasoline! My supervisor commended for the excellent work and great accomplishments. The problem is that my supervisor hardly made joint sales calls with me and he did not take the time to really understand distances in making the sales calls. I informed him of why I was filling my tank 3 times per week. I drove an average of 700 to 800 miles per week and I have been filling up the same amount of gasoline since I was hired. I worked 2 years for this company. My supervisor informed EDD that I was a dishonest person.
:confused:What is the name of your state (only U.S. law)?
 


JETX

Senior Member
I informed him of why I was filling my tank 3 times per week. I drove an average of 700 to 800 miles per week
Assuming an average tank size of 20 gals and 800 miles driven per week with 3 tanks per week, that comes to just over 13 miles per gallon. What type vehicle are you driving?
 

JLEA

Junior Member
The state I work in is California. The company never gave me expense report procedures or expense report guidelines to follow.
 

Zigner

Senior Member, Non-Attorney
The state I work in is California. The company never gave me expense report procedures or expense report guidelines to follow.
As was said earlier: Yes, it was a legal termination, even if they were totally wrong.

HOWEVER, you should be able to get unemployment benefits - how did that go?
 

Zigner

Senior Member, Non-Attorney
Assuming an average tank size of 20 gals and 800 miles driven per week with 3 tanks per week, that comes to just over 13 miles per gallon. What type vehicle are you driving?
20 gallons is no an "average" sized tank. Between 14 and 17 usable gallons would be more along the lines of "average".

17 mpg on sales calls would seem reasonable (traffic - stop/go driving). 17 mpg x 15.5 gallons = 263 miles per tank. That just over 3 tanks of gas...

PS: I only posted this because I am always amazed at the mileage difference between freeway driving & stop/go traffic driving...
 

cbg

I'm a Northern Girl
Since clearly you are determined to have someone tell you that the termination was illegal, let me ask you a question.

For a termination to be considered wrongful (illegal) there must be a specific law that prohibits the employer from terming you for the reason they did. It does NOT mean that you were fired for something you didn't do. It does NOT mean that your employer misunderstood what you were or were not doing. It does NOT mean that the termination was unfair.

PRECISELY what law are you claiming would have prevented the employer from terming you?
 

JLEA

Junior Member
I drove a Domestic manufactured van as my primary vehicle. When ever my primary van needed servicing I would use a 1995 Nissan. I did get about 15 to 17 miles per gallon on my van. I carried heavy work material and I was in stop and go traffic. My supervisor knew I alternated using my personal vehicles. I also did not want to add trmendous amount of mileage on just one vehicle. I did apply for unemployment and I am getting funds from the department. My supervisor did appeal the decision. I have not head anymore from EDD.
 

Zigner

Senior Member, Non-Attorney
I drove a Domestic manufactured van as my primary vehicle. When ever my primary van needed servicing I would use a 1995 Nissan. I did get about 15 to 17 miles per gallon on my van. I carried heavy work material and I was in stop and go traffic. My supervisor knew I alternated using my personal vehicles. I also did not want to add trmendous amount of mileage on just one vehicle. I did apply for unemployment and I am getting funds from the department. My supervisor did appeal the decision. I have not head anymore from EDD.
With all due respect:

Your question was "Was this a legal termination?"

The answer was already given and does not change: Yes, it was a legal termination.
 

JLEA

Junior Member
Was it legal termination? Reply

As was said earlier: Yes, it was a legal termination, even if they were totally wrong.

HOWEVER, you should be able to get unemployment benefits - how did that go?
I am currently receiving unemployment. My employer made an appeal. I am suppose to be getting a document by mail from EDD. It will tell me the date of hearing. If there is going to be a hearing.
 

eerelations

Senior Member
I am currently receiving unemployment. My employer made an appeal. I am suppose to be getting a document by mail from EDD. It will tell me the date of hearing. If there is going to be a hearing.

Thanks for the update. What this has to do with the fact that your termination was illegal, I can't fathom.
 

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