Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

Got fired for making a mistake and my unemployment claim was denied.?
Find answers to your legal question.

Got fired for making a mistake and my unemployment claim was denied.?

I work in California if that matters, I was a bank teller and was fired because I made a mistake on a transaction and did it incorrectly which caused a "potential lose" and was fired. I was currently on termination warning because 7 months earlier I was out of balance. When I met with our HR manager who discharged me, we talked about the unemployment filing process and he told me my actions in his opinion are not misconduct and I should receive benefits and if EDD were to ask him if he considered my actions misconduct he would tell them no. On my denial paperwork it says they determined my actions were considered misconduct. I am extremely upset and confused as to how they would consider my actions misconduct. I made a honest mistake while trying to figure out how to complete one of our customers transactions, it was not intentional. I come to work everyday, work hard, am not lazy but had just made a mistake. What do you guys think? I am going to file an appeal today but am worried about having to wait even longer to get my benefits.

Tony RB
The HR manager was the one who discharged you, but it was your boss (or his boss, or his boss's boss) who fired you.

What the HR manager told you is not important. Unless he gave you a signed document, his words are just hot air.

If the unemployment agency spoke to your boss (or his boss, or his boss's boss), they would have told the agency you were fired, and why.

Here is the reason :
"The breach disregards the employer's interests and injures or tends to injure the employer's interests."

Let's shorten that sentence :
"The breach tends to injure the employer's interests."

The employer is not interested in correcting your mistakes.

My opinion : Only two mistakes in over 7 months ? That's hardly any mistakes at all.

Here's the real reason - somebody got embarassed, or has a short temper. That person made the decision to get rid of you. If that person liked you, or you were a relative of a very very important customer, you would still have your job. Naturally, that person will never own up to their mistakes.

It's not easy balancing a drawer after a long busy day.

Meanwhile, look for another job, because you probably won't get the unemployment compensation, unless you get the unemployment agency to speak to the HR manager, and get a statement just like the one he gave you.

Good luck in the future. A lot of banks are paranoid about mistakes because so many people are suing them. You simply cannot make mistakes that cannot be properly and easily corrected.

the tax lady
"An honest mistake" is still misconduct.

You weren't laid off because there wasn't any work available. You were fired because they didn't want you doing the work anymore.

Misconduct is NOT following company policy. Does not matter if it was intentional or accidental
Your actions resulted in being fired.
Unemployment states firing cannot be the result of any action on your part. Again no mention of intentional or accidental. You don't qualify

Are you sure that the denial was based on misconduct or was it related to not having enough hours to qualify? If it was based on misconduct, you definitely want to challenge it. There is a big difference between making a mistake and misconduct and you should prevail at the appeal.

Legal Discussion Forum

 what color socks do you usually wear to work?

 has anyone else been layed off of work right before the holidays?
its bad enough to get layed off but right before the christmas season ! i plan of going back to school and then pray i can find a job but in the mean time i have to figure out how to make ends meet ...

 What legal recourse do I have if a state puts a felony on my record the i was never convicted of?
The state of Rhode Island convicted someone with the same name as me with a different birth date of a break and enter with felonious intent. This was attached to my social number. This was done in 199...

 Terminated from a Union job?
I was terminated on Friday for getting into an altercation with a co-worker (non physical), The union Rep says he has seen much worse and employees were hired back. I have been at this current job ...

 Can your employer make you lock up your cell phone?
I work for a major United States bank. We recently heard from our superiors that we will not be allowed to keep our cell phones in our pockets or purses. They say we will be required to lock them in ...

 Job question. Daily-rest breaks at work?
Sometimes my employer makes me work 5pm to 1am, and then 9am to 6pm the same day. This is just a gap of 8 hours before finishing work and starting again. Can they do this?

according to ...

 how long after you get fired does your employer need to have your check ready?
they said to call back on tuesday.........

 Can your employer deduct vacation time and make you work on those same days?
Recently my employer has made me take 4 days of vacation time (12/272010, 12/28/2010, 12/29/2010, 12/30/2010) however I was required to work in the office for each of the previously mentioned days. I...

 does anyone no if as a casual worker at woolworths how much notice i have 2 give if i cant do a shift?
my manager said i have 2 tell him 2 weeks in advance this is the first ive ever heard of this and ive worked there for 1 and a half years none of the other managers have ever said this b4 ...

 Am I legally protected?
Just a few hours ago I had an interview with an employer. I am currently 17 years of age, and the employer showed GREAT interest in I working there. I have really anticipated this job, and by god ...

 Is there a way to get a background check to find out the exact dates I've worked.?
I have worked a lot of jobs. In between summer jobs, school, work study, and regular jobs. I want to make sure I have exact dates of the jobs I've worked. Is there a way to find this out, ...

 Where is the proper place on "Answers" to ask questions against my past employers?

 What is a "Right to Work" state?
What exactly does it mean? Besides having to do with union membership, how does it effect job seekers? I have a college education and entry-level work experience. Many school districts, colleges ...

 What can I expect if I filed for an unemployment hearing?
Over a month ago, I was discharged from Publix because I had a problem with alcoholism and depression and was denied unemployment. I appealed it but it says that its not yet scheduled. Once a hearing ...

 Should I get into to law for monetary reasons?
I'm about to graduate my university with a Bachelor of Arts (Major Classical Studies, Minor Political Science). Making stable income and gradually increasing my income is an important goal for ...

 Is it illegal for a prospective employer to ask if a person was fired and/ or what for?

 Unemployment Question because i need to Know?
I was laid off my job in Nov. 2009. and was able to receive unemployment. I moved and got married in march.found and part-time job in June 2010. Heres the problem the temp job was paying on average 26...

 how mant hours a week is required for a part time job?
what is the minimum hours per week that u have to put in, in a part time job? ill be 15 soon....

 Why would a employer want my credit score before scheduling a interview? They provided a link in their email.?

 is it hard to get a job after going to pensacola christain college?
my hubby is going to this college and i know its unaccredited but if he goes there to get his bachelors degree in criminal justice will he be able to get a job as a detective? will people recognize ...

Copyright (c) 2009-2013 Wiki Law 3k Wednesday, November 25, 2015 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links