Can I collect unemployment in California?

Question

Here is what is happening to me.I changed retailer about 8 months ago because they promise a work life balance. That even if I was salaried I would only have to work 45 hours a week max 50. Ever since I started I have been working 55+ hours. When I decide to discuss this with my store manager about work life balance my work life became hell. She started to complain about my performance. Even though I did everything she asked it wasn’t good enough. My problem only got worse when I tried to go above her. She is friends with everyone in the local district area. I am the sole income of my family and I made a career change because of there promises. Know they are trying to get rid of there thorn (me) by putting my performance corrective. Since my issues started with my manager I have kept a daily journal that explains the daily harassment, along with the actual hours I worked.
can i get unemployment when I get fired?

I got my first perforamce corrective action with incorrect information and things that I dont agree on. I get 2 more before I get fire. But becuase she has it out for me I thing I am a goner.

Answer 1

In California if you are fired for cause then your unemployment benefits will either be suspended for a period of time (you won't get checks for the first 8 weeks or so) or you will not qualify. It depends on the reason for termination.

As far as your written notice goes, it doesn't matter if you agree with the reason for it (legally it doesn't undo the write up), but whether the reason is lawful, and whether or not you broke the company policy or procedure that they say you did.

I would suggest that you begin looking for another job before you "need" to find one. Leave before the final straw or incident so you don't have to find out whether or not you can collect unemployment. If there is a dispute between you and the employer over the reason for dismissal it can hold up checks and a decision for weeks.

Answer 2

Check with your local EDD office. Typically an employee who is fired cannot collect UI, but if the firing was a result of harassment, discrimination, or other illegal activity, the ruling may be in your favor.

Answer 3

I would think you could collect if you get fired. Did your employer document it every time she told you about your performance? Documentation is key. Good thing you documented your side of the story. Good luck!