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Do you think I will be disqualified for EDD benefits?

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#1
I worked for the bank for 14 years and never had any complaints against me. I was in fact promoted from Teller to Supervisor. I am in my mid-60s. I have once heard a rumor they were letting go, old folks, which didn't happen and for while and all of sudden they terminated one of teller and I was next in line. During termination, HR Person didn't tell me the reason instead he said he had orders from HQ. Neither My Termination letter says anything besides at-will employment. But What I came to learn that teller made a mistake of not putting one of the customers check on hold in software. It becomes my job to clear the checks after verifying if they are ok to be cleared. Teller forgot to put on hold and next day when I ran reports the check that was supposed to be on hold didn't show up in the report. Which means it got cleared out. So They terminated her for not putting the check on hold and terminated me for being her supervisor. Technically it's her mistake she should have notified me or put check on hold later after closing hours. I am afraid that I might get denied for EDD benefits as one of the questions in the letter is asked did I broke any rules?


I was never warned about any rules before. I am so depressed and confused. Someone, please give me advice. Do you think I should just tell them honestly what happens? I am not even sure if they will understand banking process?
 


LdiJ

Senior Member
#2
I worked for the bank for 14 years and never had any complaints against me. I was in fact promoted from Teller to Supervisor. I am in my mid-60s. I have once heard a rumor they were letting go, old folks, which didn't happen and for while and all of sudden they terminated one of teller and I was next in line. During termination, HR Person didn't tell me the reason instead he said he had orders from HQ. Neither My Termination letter says anything besides at-will employment. But What I came to learn that teller made a mistake of not putting one of the customers check on hold in software. It becomes my job to clear the checks after verifying if they are ok to be cleared. Teller forgot to put on hold and next day when I ran reports the check that was supposed to be on hold didn't show up in the report. Which means it got cleared out. So They terminated her for not putting the check on hold and terminated me for being her supervisor. Technically it's her mistake she should have notified me or put check on hold later after closing hours. I am afraid that I might get denied for EDD benefits as one of the questions in the letter is asked did I broke any rules?


I was never warned about any rules before. I am so depressed and confused. Someone, please give me advice. Do you think I should just tell them honestly what happens? I am not even sure if they will understand banking process?
Just tell them that you did your job to the best of your ability for 14 years. If you did not hear directly from the powers that be that you were terminated because she forgot to put a hold on a check, then that is not why you were terminated. They did not give you a reason for the termination.
 

HRZ

Senior Member
#3
Was the teller also older, older than 40.? And how were similar procedural errors handled with others? ( If you have been there 14 years you probably do know that?)

I get it that employment is at will...but if older workers are selectively singled out to be fired over modest rule mistakes that may be illegal.

Smoke does not prove there is fire...but you might look/think deeper .

I agree with above poster...file for EDD ...and if you were not charged with breaking a rule ..do not answer as if you might have ...the reasons or lack of reasons cited by employer are the ones to address...and per your post, there was no violation cited in reasons given
 
#4
In this case, file the claim immediately. And do just what the above poster suggests. DON'T talk too much about what you've heard. Just repeat exactly what you were told by your employer on the last day you worked. If you have a termination letter or something that you were given, turn that over. But do not go into speculation, office gossip, or what you believe may have happened or what you think might be the reason you were terminated when applying for unemployment. Just say what they told you. Let them tell the unemployment system what they are going to.

It will take several weeks. They will take what you say, and take what the employer says when they call and speak with them. They may, at some point, call you back to seek clarification of the issue. If your employer chooses not to respond to their inquiries, or says you were terminated because of downsizing on the job, which would be the right thing for them to do, of course, (and would certainly make it harder to show age related bias, which I'll talk about later) you'll probably be approved right then, initial decision, nothing else necessary. Eventually, making your weekly certifications for benefit weeks as they pass, you'll start drawing a claim. That's the reason you file immediately. You can only be back paid for weeks that have passed since the claim was filed, even if you are approved.

If they are stupid, and start down the "Well, she did something wrong!" road, DO NOT fall into self justification, repeat that office gossip, etc. Stick to what you told them initially. You did your job to the best of your abilities, to your knowledge, you were following every rule and procedure correctly, and you were told you were being terminated, that's all you know. If the adjudicator calls you, and says "Your employer says blah blah blah...." you still stay with your story, which happens to be the truth. The employer never told you anything, you never received any warnings or write ups, you did your job to the best of your abilities. To your knowledge you were an excellent employee. You were terminated.

In order to keep you from being approved to draw benefits (which cost the company money) the employer must show that they had a valid, work related misconduct reason to terminate you. If you unknowingly did something, approved something you shouldn't have, that's not misconduct. In this case, it will come down to whether or not they want to take this whole thing further, argue that your reason for termination was some actual misconduct, or whether they'll just let this one go. They don't seem to have any proof or documentation of your having done anything deliberately wrong. Stick to your simple story and see how it plays out.

Now, after you have filed for unemployment insurance benefits, you may want to think about the EEOC. I'd possibly do a consult with a labor attorney (free of course) and let them tell you if it appears you might have a valid case for age discrimination. If so, this would be a long, drawn out process, begun by your filing a claim with the EEOC, and you would probably be long through with your unemployment benefits and reemployed before any case came to fruition IF there is determined to be any case.

But you'll find out a lot about what the employer is trying to pull off with the unemployment insurance claim, though it is NOT related to a discrimination complaint and no information from the unemployment issue will be passed on to any other agency or something like that. It would be up to the EEOC to determine if the employer in your case, and possibly in other cases, targeted you because of your age (iin other words, for an illegal reason.)
 
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HRZ

Senior Member
#5
Agree..file for unemployment immediately ...it is not retroactive if you sit about.

I'd limit my response to exactly what was in my termination letter ...keep the original, turn over a copy . DO NOT wander , speculate et al.

IF there is more that just a wisp of smoke that suggests you ( and others ) were singled out by age to be purged ..you have a bit of time to sort out if to purse same . You didn't mention state ...and it matters ...but you have at least 180 days
 
#6
Was the teller also older, older than 40.? And how were similar procedural errors handled with others? ( If you have been there 14 years you probably do know that?)

I get it that employment is at will...but if older workers are selectively singled out to be fired over modest rule mistakes that may be illegal.

Smoke does not prove there is fire...but you might look/think deeper .

I agree with above poster...file for EDD ...and if you were not charged with breaking a rule ..do not answer as if you might have ...the reasons or lack of reasons cited by the employer are the ones to address...and per your post, there was no violation cited in reasons given
Yes She is around 59-60 year old
 

cbg

I'm a Northern Girl
#7
Have there been previous terminations of the same kind? Have others been termed for similar mistakes, and their supervisors with them? If so, have any of those others been younger or are they all in the same age range?

This is over and above the UI question.
 

cbg

I'm a Northern Girl
#9
Okay, it is not definitive. As I have said previously, it is legal for an employer to draw a line in the sand and say, next time, heads will roll, and then roll them. If that's the case, then whoever was the next one would get fired, no matter who they were.

However, I think you have at least enough to discuss with an employment law attorney with regards to a possible age discrimination claim. The attorney will know what to ask you. If the attorney agrees that you have a prima facie, it will then be on the employer to prove that your age was not a factor.

This is completely separate from your unemployment claim, which I cannot carve in stone but which my personal opinion is that you will likely win.
 

HRZ

Senior Member
#10
ALso if younger workers committed similar errors in recent past..I'd make good dated notes as to who, what, when before memory fades .
 
#12
I apologize, guys, I was going through my old paperwork. Turned out I was warned for disciplinary action once before in 2015. Do I need to bring this to EDD attention? I am so scared n worried my interview is in hour
 
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