lundi 24 août 2015

Getting Fired: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

My question involves labor and employment law for the state of: CA

Short background:

I was recently let go after 2.5 years. At exit meeting, they (HR, my 1st-level mgr, 2nd-level mgr) said "We need to let you go because your behavior is aggressive. The way you run meetings is too intimidating."

I had never heard this feedback before. The issue of aggressive behavior has never come up. In 6 months of one-on-one mtgs w. 1st-level mgr, this particular issue was never brought up. We had a seemingly close working relationship ... collaborative, seemed to get along, etc.

Then came the sudden termination, one day after I returned from a 2 week vacation.

They said that the termination is NOT related to job performance. They just said, "Your style of operating just does not fit"

I realize it was all a "set-up", a justification to get rid of me

My questions to the advisers on this forum, based on facts above:

  1. What are my chances to obtain Unemployment Benefits in CA ? From reading CA EDD website, I understand that for those who are fired, the Employer has to prove "misconduct" in order to deny Unemployment Benefits.
  2. Does alleged "aggressive behavior" qualify as "misconduct" ? I can prove that NO management counseling was ever given for this allegation.
  3. What kinds of questions will EDD ask me during the phone interview, which "automatically" comes when citing "Discharge / Fired" as reason for unemployment ?
  4. Is there anything else that I should be on the lookout for ?

The HR folks said they will not "contest" any claims I make on the Unemployment.

I am trying to prepare, so that I "get it right" the first time, and not trigger any questions from the EDD that might accidentally lead to denial of benefits.

I would appreciate any guidance you have

Thank you


Getting Fired: Discharged for "Lack of Fit", Will I Receive Unemployment Benefits

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