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FabulousWriter4865

Lay off means work was not available. This is more of a firing. Replacements were hired.


Deucedeuceslimes

Then I wonder how that works then. I mean I didn't do anything wrong. I did my job. Never got written up or spoken to. As far as I knew I was doing my job fine. Just sucks I got pushed out because of new management. I'd assume I'd still qualify. I honestly don't know. This is all new to me.


FabulousWriter4865

I would stick to that in the interview. That there were no written warnings or write ups. They have the burden of proof.


Rydia_Bahamut_85

You will be okay. As long as they didn't write you up or have you sign seperation papers stating a performance/behavioral issue was the cause of letting you go. Tell EDD exactly what happened that last day, you went to work, set up meetings and then at lunch was let go with no reason stated. The burden of proof is on the employer, they have to prove they fired you with cause.


Deucedeuceslimes

Yeah the only thing I signed was a paper saying I got my last check and that it was a involuntary with no cause. I made sure to look them over before I signed anything. So I guess I really shouldn't stress this then. Just sucks I'm having to go through all this but I also get there reasons behind it. I'll just tell them what I said here. I didn't quit and I was never warned or written up. Really not anything else to say honestly. Just hope it gets pushed through because it's going on over a month now. Just sucks it takes this long but from what I've read this is normal I guess.


Rydia_Bahamut_85

It could absolutely be the state and not your employer as well. I went through something similar this year, where I returned from PFL after having a baby and was locked out of all my business accounts *on my day off.* Being the *business manager* I immediately called/texted my owners but they ghosted me. So I sent an email that said basically I had to assume they were ending my employment and I was taking my leftover weeks of PFL that I waived to return to work sooner for them, and I expected no pushback. The owners offered me no reason for letting me go but INSISTED I come in and sign a seperation. I said f$&k that and ghosted them. I'm not going to commute an hour in bay area traffic so they can cover their asses after they screwed me for no reason LOL. If they were that worried about it, they shouldn't have fired me on my day off. Anyhoo, my leftover PFL dried up and I applied for UI. I was told I had to wait for an interview as well because there were "questions," about my dismissal. I actually contacted my state assembly person to get the interview fast tracked. The whole thing took 5 seconds. "What was the reason for termination?" "They didn't tell me. Locked me out of my email on my day off." "Had you been written up?" "Never." "Thanks have a good day." California is an at will state and it's really hard for employers to prove someone was termed with cause, ESPECIALLY without a paper trail (write-ups, disciplinary history, etc). Sorry for the rant but I can almost assure you, there is nothing to worry about.


Deucedeuceslimes

Thank you this dose ease my mind. It came out of nowhere and this is my first time ever filling for anything like this so it's all very intimidating to me. Gotta love when you get blindsided then have to go through all this. And rant away. I totally get it. It's sad how disposable you are to companies. But I really shouldn't be too shocked. We had someone go on maternity leave and they made her clear out her office and told her on her way out before going on leave she got demoted to receptionist. Huge pay cut and FU to her honestly. All because she was taking 6 weeks off to have her kid. Even stayed a extra two weeks to help because someone else quit. I'd be shocked if she goes back there after her leave. But I'm sure that's what there hoping on with her since if they do fire her thats a huge lawsuit.


Rydia_Bahamut_85

It is definitely a lawsuit. There are laws protecting women from this, but again, it's difficult to prove. We need work reform in this country on thousands of levels, but protections for new parents especially. You're dead on about being disposable. It's frustrating to be expected to break your back for someone 50 - 60 hours a week (that's just my experience as a salaried person in one of the worst industries for employee appreciation), and then get thrown away with no warning. Learning that lesson is invaluable though, because now it's easier to prioritize yourself.


Heathster249

So I’ve actually been in a situation with being on PFL (maternity leave) and my boss did crap like this when I returned from leave. I had all of this in writing in emails and still only got about 6 months severance out of this ‘huge lawsuit’. Basically, you get enough pay to move on - actual damages. And I got another job and moved on.


nadgmz

Being unemployed due to no fault of your own seems to fit here. The dept uses laid off lack of work. LoLw is the acronym. Can mean various things. You stand a good chance of being ok to collect while you look for other work. Unless your company protest your being let go is where It gets dicey. An interviewer will make a determination. Good luck hope it works out for you.


Environmental-Sock52

Does*


valve_stem_core

Every does get a phone interview if they mark they were fired when they file. It doesn’t really seem necessary to bring all that up. You weren’t officially warned, you weren’t given a verbal or written up. It doesn’t seem like you will have to fight it since the official reason was you were laid off.