I got fired for taking my check early – California unemployment?

by Suzanne

(California)

I was terminated from my job due to the fact I took my check early from work,I have gotten my checks early before and thought nothing of it. Never once was I told by management or anyone else that we couldn’t do that and that it was against policy If I knew I wouldn’t have done it.

So, 2 weeks go by and the management doesn’t so much as talk to me about it, not so much as a warning or write up,Then one day after my shift i was pulled into the office by management and told due to what had happened I was being terminated. What upset me is I never had that happen before and they didn’t so much as talk to me about it for 2 weeks, instead of warning me or writing me up they just fired me. My Question is can I receive unemployment or will I be denied…

Hi Suzanne,

I cannot give definitive yes or no answers very often because there are just too many variables to the process. Even a state can’t really make a decision until they “investigate”. (although they seem to be doing a less thorough job now that they are so busy).

If I were investigating I’d want to know where it is you got the check from. Did you have to go into someone’s drawer?

I’d want to know why it took the employer two weeks to do anything about it. Maybe they just found out because they got their bank statement and it had overdraft charges because of you.

I’d want to know what you did when you got your check early. Did you possibly leave when you shouldn’t have to deposit your check?

I’d want to know if the employer had been aware of the previous times you took your check early and if so, why they didn’t do anything about it then.

I’d want to know if they had a written rule about this and if you were aware of it.

I’d want to know how your act of taking the check early was harmful to the employer this time and not the time before. In other words I’d want details from both parties to determine where the fault really lies.

Suzanne, either way the initial determination goes, there is a good possibility that there will be an appeal. From the beginning it is up to you to show that what you did was not misconduct because the employer thinks it was and the state may to. If it was not misconduct, it was either something you did frequently and the employer was aware of and did not say anything until the last time for whatever reason….or it was a discharge for a one time error in judgment that could be considered misconduct…..or some other scenario.

You didn’t tell us what the employer said to you in the meeting so his point of view is not presented here. I can only guess as to why he felt termination was justified.

Chris