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my x-boss deducted 400$ from final check

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flanagan

Junior Member
What is the name of your state? my state is ca. I was fired from my job of five years for being tarty. the next day i went to turn in the company phone and get my last check, when i opened my check, there was a note saying that I owed 400$ for personal calls on the phone.so he deducted it from my check.leaving me with 100$ and it said that i couldnt get unemployement.can I? and i never signed anything about my paying for personal calls nor have i ever had to pay pryer to this.
 


pattytx

Senior Member
In California, the employer cannot make a deduction of this type without your written authorization. The following website answers questions about deductions in California and advises how to file a claim. http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

Regarding whether you will get unemployment or not is up to the state requirements for eligibility. However, and this is a somewhat educated guess on my part, I doubt that this would rise to the level of "gross misconduct", which is a disqualifying reason for receipt of benefits. Especially since you had not been charged for personal calls prior to this event, and short of any company policy requiring such reimbursement that you knew, or should have known about, you would have had some reliance that making such personal calls was not against company policy nor reimbursement to the company required. It doesn't cost you anything to file except a little time. Then you will find out if the employer really is going to protest your claim or he's just trying to scare you out of filing.
 

cbg

I'm a Northern Girl
It is not your employer who makes the decision as to whether or not you get unemployment benefits - it's the state.

However, in my state, which is NOT California, I have had employees denied benefits because of tardiness/attendance problems even when I did not contest. It will depend on the specific circumstances and most likely, whether or not you had been warned that your job was in jeopardy.

While I doubt that your employer can legally deduct the $400 from your check, $400 in personal calls on your company's phone is a lot and I frankly don't blame your employer for being annoyed about it. In any future jobs, I suggest that you make personal calls on your own time and your own equipment.
 

pattytx

Senior Member
cbg is right about the unemployment benefits. I assumed your employer was saying that he was going to protest your claim for benefits based on the phone calls issue. Again, all you can do is file and see what happens.
 

pattytx

Senior Member
I wasn't going to mention it, because I don't normally worry about minor typos. But I did notice this and I :D :D :D
 

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