i know im getting fired... cont'd

mayra2105

i made a post on friday about looking thru my managers email and seeing and email about me getting fired today...

to fill you all in i work at a bank for almost 3 yrs as a head teller and i was over. im on my final so i know i have to be let go... well today my manager took me to the back and said "i never told you this but maybe you should go on a medical leave" he truely is a great man and i want to take his advice bc i know that the company does reject many unemployment requests.

i live in CA are there any HR ladies that can help me with this? can i still file for unemployment if im terminated? or should i go on a medical leave? (im kinda afraid that karma may bite me later with my baby

ScissorTailedFlycatcher

Does he want you to go on maternity leave or leave for good leave?

Make them fire you. Unless they have a good reason as to why they fired you (you stole money, shot up the place or whatever) you should be able to collect it. If they fight it, you can fight them.?

MLE_C2B

Don't know about CA but IL is an at-will state so the "can" fire you for no reason at all BUT when it comes to unemployment they have to pay you unless they can prove you were insubordinate or did something really horrible. I've heard of people's works trying to deny, and they did successfully hold it up, but for the most part the unemployment offices sided with the "unemployed" person.

It may sound like the manager is trying to help you but it's really common for businesses who want to avoid paying unemp or have a fear over getting sued to try and get you to quit or do something that will help their case. Just be careful.

ScissorTailedFlycatcher

Also, if they offer you a severance package, don't take it unless it is premium. Learn from my mistakes.

Fuzzy8252

CA is also an at-will employment state. I was an HR manager at my last job there. If employment is terminated, from my understanding, your chances of collecting unemployment is less. If you are laid off due to industry slowdown, then you should be able to collect. HTH and good luck!

dstar

I use to work for a bank and if you were over and/or under a large amount of cash, they could fire you for that reason.  I live in CA, also, and I believe if you are fired/laid off, you can get unemployment.  The only time you cannot is if you quit.  I own a business and I am pretty positive this is the law.  Don't look it up at work but when you get home look up unemployment for the state of CA.  Good luck.

Also, what does your boss mean by going on Medical leave?  Would that be permanant or temp?

dstar

Ohhh...maybe you can't be on disability if you are fired.  I just got this off their website, "Be unemployed through no fault of his/her own".  But it never said you can not get unemployment if you are fired. 

mayra2105

i think he meant to be on leave at least for the rest of my pregnancy. i left early for the day bc since my cash box was locked up i couldnt do anyhing. im pretty sure im not getting a whole severence package. just my hours i've worked this week plus my PTO... in actuality i dont mind being let go. i just wish it wasnt leaving the company this way. DH works 2 jobs and as long as i get my unemployment we will be fine and i dont plan to work for about a year.

mrbmama

You need to go to  www.edd.ca.gov. This is where enemployment benefits come from as well as the laws. Keep in mind that you can only take disability for a pregnancy in CA for 14 weeks. 2 weeks before you go into labor, six weeks after and six weeks baby-bonding time. You can only take medical disability for a specific qualifying reason (liek preeclampsia or bed rest as inidicated by your doctor) being pregnant doesnt count. Sounds like your "super nice" boss is trying to screw you. You can get unemployment for up to a year but only if you are let go. If you quit thinking you will get disability you will be SOL and the company will have to pay nothing.. If you are fired for reasons of your own doing (failing a drug test, or gross negligence) then you may not get unemployment benefits. However I know people that appeal for being fired for these things and still get benefits. I would go on unemployment.

wildflower865

It's because they can't fire you when you are on medical leave, so it buys you more time.  They can fire you when you are done with medical leave, but you were insured and got paid or whatever your med. agreement is.

cindy510

I'm in IL and worked in HR but I'm not sure how unemployment in CA.  Your employer can contest your unemployment even if they fire you.  We used to fight for unemployment benefits when someone is fired for cause, attendance or work performance.  On a personal level, I would suggest you take the medical leave.  California has good leave policies so take an advantage of it.  Take the leave and get paid.  Then you won't have to worry about getting paid or about your benefits.  

wankle1234

My mom was denied unemployment in CA after working for the post office for 30 years! They let her go because they said she was falling behind in work, but she says the boss had favorites and because she didn't play stupid little games with him like some of his "favorites". She appealed 2 times after getting denied and got 0 dollars. After being gone 6 months and not being able to sue, no lawyer in ca would sue the Government on her behalf, they said it was useless! Her old boss gave her her job back and said she had to play nice? I guess they don't have to play fair like everyone else! Hope everything works out for you!!