Laid off before receiving termination letter? Can I collect in california?

by Aaron

(california)

I had a very minor accident in which i failed to set my parking brake and vehicle rolled twelve feet before bumping a fence with no damage to either, which i foolishly did not report but someone else saw it. After the investigation, i had received a notice of a scheduled date of removal, but was still in the appeal process when i received my lay off notice. Am I still eligible for benefits?

Let me get this straight. You failed to report an accident per employer policy. “Someone” told on you and an investigation ensued to determine whether you would be discharged. (Wondering if you were suspended during investigation).

Then while all this was going on you received a notice saying you would be laid off for a “lack of work”. (I don’t know the date the date the layoff was slated to happen).

Should I presume you the investigation was concluded prior to the the layoff date and the decision was to terminate your employment and the termination notice has a date of separation earlier than the layoff notice?

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Nov 05, 2012
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Follow up

by: Aaron

Chris, thanks for your answers. I was suspended immediately, investigation followed 7 days letter, received letter of removal two weeks later, removal scheduled for 45 days later, pending appeal process. received layoff notice 25 days prior to scheduled removal. Out of luck?

I don’t know that you’re out of luck. Of course being laid off would make it a whole lot easier to get benefits, but that doesn’t mean if you’re actually fired it’s for work related misconduct.

I was just trying to determine if you were actually discharged for misconduct or laid off.

Receiving a notice of intent to layoff is not the same as the actual date stated on the notice as your last day of work due to a layoff.

I just wanted to know what came first .. the actual lay off date or the discharge date so you didn’t pick the wrong reason when applying for benefits.

Don’t want any misrepresentation issue hampering you in case of appeal.

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