fired n wondering

[round 1]

What is the name of your state (only U.S. law)? Ca

Hey today my girlfriend was told she was being fired. She asked why and was told she had a bad attitude.. She was like how do I have a bad attitude, she doesn't talk back or anything. Will she be able to receive unemployment?

 

[applecruncher]

She needs to immediately file for unemployment and find out. We can't predict what the decision will be.

 

[round 1]

She needs to immediately file for unemployment and find out. We can't predict what the decision will be.

Ok she's doing it as I type but does poor attitude fall under gross misconduct?

 

[pattytx]

Short answer, no it does not.

 

[Zigner]

Short answer, no it does not.

Well, we shouldn't be so quick here...

What if the "poor attitude" manifested itself as follows:

Boss: Jane, please pick up these empty boxes and put them in the bac.
Jane: Forget that Boss-man, do I look like your slave?

 

[commentator]

If her boss told her to do something, and she gave him the finger and refused to do it in front of customers and other employees, that is a bad attitude that would skirt dangerously close to the border of "gross misconduct." Could also be called insubordination, but the employer picks the term.

Loosely, gross misconduct is something you do in the workplace that is so bad you should have known it was wrong to do it, even one single time, without having received warnings. Punching out the employer, stealing money, burning the building down, these are gross misconduct.

If "having a bad attitude" is a general complaint about your girlfriend, not based on some spectacular incident, the unemployment office will ask if she has had any warnings, been told that her attitude needs to change. She will be asked if she knew her job was in danger. Simple misconduct needs to be documented, and the person should be given the chance to change their negative behavior before they are terminated, or the person is more likely to be approved for benefits, even after being fired.

If this has not happened, then she has a pretty good chance of being approved. Remember, an employer can legally fire you just because they are in a bad mood today, but if they do not have enough documentation to show they had a valid misconduct reason for the termination, you may be approved for unemployment benefits.

 

[pattytx]

Well, we shouldn't be so quick here...

What if the "poor attitude" manifested itself as follows:

Boss: Jane, please pick up these empty boxes and put them in the bac.
Jane: Forget that Boss-man, do I look like your slave?

Oh, you wanted the LONG answer.

 

[marshalAK]

What is the name of your state (only U.S. law)? Ca

Hey today my girlfriend was told she was being fired. She asked why and was told she had a bad attitude.. She was like how do I have a bad attitude, she doesn't talk back or anything. Will she be able to receive unemployment?

I'd also recommend, if possible, that your gf CALMLY ask her former boss for clarification so she can 'improve in the future' or however she wants to put it.

Since it sounds like she was surprised, this might help her clarify what happened. She needs to LISTEN here - she might hear something unpleasantly true, but at least it'll give her the opportunity to fix it in the future. However, she might also find out that getting fired was a blessing in disguise. Either way, it should be informative at the very least.

Also - if the employer seriously had a problem, he needed to be documenting this way earlier. It's not fair (but it's perfectly legal) to the employees to deny them the chance to correct their behavior, and if he really did have a case for dismissal he's just shot himself in the foot where paying UI is concerned.