Attendance problems / Job Abandonment

(California)

Hi I recently applied for unemployment in Ca went thru the telephone interview and today received the determination letter stating I was denied unemployment. Section 1256 An individual disqualified if the department finds he voluntarily quit his most recent work without good cause or was discharged for misconduct from his most recent work. Section 1260a provides an individual disqualified under section 1256 is disqualified until he/she subsequent to the disqualifying act, performs services in bona fide employment for which he/she receives remuneration equal to or in excess of five times his or her weekly benefit amount. I don’t understand the section 1260a. I worked for an air conditioning , refrigeration repair company. This job can be stressful in the summer times due to heavy work loads long hours and odd hours. I had worked for this company for three years before this second time I returned to this company after a 10 month absence. The last time I voluntarily quit due to stress and things said by office manager. I didn’t file for unemployment and left things in a civil manner. Went to another company didn’t like it there and returned back there. I do admit I do at times will show up to work late, not call when I’m late sick or absent. Was never warned verbally or written of or for actions. Owner of company has a drug addict son that comes to work when he feels like it. He disappears for months and months at a time. My problem was while he was working with another coworker he stated to that person that he was gonna fire me because he didn’t like me. I confronted him about that issue and he denied it. I would have to cover for him when he is missing in action on his drug binges and not once complained about it. I found myself trying to hold the company together by putting in longer hours doing one man jobs by myself. One day I was working a two man job by myself and injured myself and was off on disability for three weeks. During that time employer was rushing me asking what can I do and how much I can lift. This occured during the whole 3 weeks every other day. Returned as soon as I could. Office manager stated to everyone that they had to be in office every morning at 8 a.m.. I found other techs were never there and 8 a.m. Questioned to office manager and didn’t get a response. Found other techs started when they wanted and ended when they wanted. I found myself intentionally late to work for this reason. Everytime I was late or sick I would always complete my tasks for that day. One week before being discharged was called into office about a call that was performed by another tech. The other tech totally screwed up this job and I could’nt find myself lieing to customer. I ticket stated that someone not our employee had performed these actions and customer should not be charged for repairs since these repairs were just worked on few days prior. Was asked why I did this? Told owner did you want me to lie to our customers? And was told no but to word it differently. I am not a writer I am a technician I fix things. At that time stated to owner that I was unhappy with how things are going. Told reason I show up to work late is because everytime I
show up on time I would be sent home due to there was no work. Told her that everytime that happens I don’t get paid for coming into office. She then states that I am supposed to get two hours for that. Well if she does the payroll why didn’t she add those hours to my timecard. Then she states that was my responsibility and my mistake. How can I know that if none had told me. Then she says well before you come in in the morning call the office at 8 oclock and check with office manager. After a few days of no work I then tell office manager to call me if there was work. So now schedule is all screwed up sometimes work from 8-15 hours a week struggling financially. One week from being discharged that I was the only person able to work and I would have to complete all these calls in one day. Was working on almost 12 hours and was given another call. Stated too dispatcher that I was tired and if I had to perform another call I wouldn’t be able to wake up on time to make next mornings 6 a.m. call. Dispatcher said didn’t care. I performed the call and found myself too tired to get up next day. Was late next day by four hours. Didn’t hear phone couldn’t even hear alarm clock. Woke up suddenly at 12 p.m. and rushed to work. Completed all my calls for that day. Explained to owner what had happened and owner didn’t care why I was late. A week after that found myself so sick I couldn’t even stand up straight without getting dizzy. Didn’t call office to say I was sick. Felt better around 3 p.m. that same day and went to work sick. Called office at 3 p.m. and told them I was on the way to work. Dispatcher said okay and stated to be in office next morning at 8 a.m., completed calls for that day. Came into office and owner states to pack up my tools your outta here. Started to pack up tools from company truck and all the while was being rushed to hurry up. Then he blew up and said hurry up or I will scrap all your stuff.I told him to give me some time I have alot of tools and don’t want to take any of yours accidentally. Then thanked him for the oppurtunity and then was taken him by another tech. Never was given an explanation why never knew my job was in jeopardy if I was tardy again. No warnings of any kind. Now if everybody else there is late why can’t I be? I perform more work than any other employee there. And if I was so horrible why did I receive a substantial raise after I told owner that I wanted to resign because I was treated unfairly and felt that I didn’t feel like I belonged there. Now the question is should I waste my time with the appeal or is the edd sure of their decision. Your input would be appreciated.

Hi Anonymous,

I’ll start with 1260a the disqualification. This means just what it says .. you are disqualified from benefits until you return to work and earn a minimum of 5 times your weekly benefit amount .. and then if you have a qualifying separation from the subsequent job you will have purged the disqualification.

Since I don’t know what the employer told the state .. I can’t really help you.

If you told the state what you said here .. it’s no wonder you were disqualified .. the employer wouldn’t have had to of said a word.

If an employer tells you to be at work at 8 AM .. you need to be at work at 8AM .. you do not decide for the employer how it’s going to be. You said nothing in your story that makes me think you acted reasonably when it comes to this work.

You admitted you didn’t call in when you would be late or absent .. That is self-disqualifying.

I can’t tell you whether to appeal or not, but I’d say it wold be an uphill battle for you and the strongest witness against you will be you.