Do I have a case for unemployment?

UPDATED: Oct 1, 2022

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Do I have a case for unemployment?

My former employer is a well known public corporation with over $100,000 employees in the U.S. It terminated me for an error made processing payroll 8 months prior, involving a time record of a different employee being erased. This error was never brought to my attention prior, or the record would have been corrected by myself. Neither myself of the employee noticed the error, the

employee did not file a complaint, this error was discovered during an audit in time and attendance

records. It was noted to me during the investigation period of this issues that there were other instances considered to be time and attendance anomalies during the audit, however the results of the audit into my area conscluded that many similar anomalies were taking place by other managers across the brand. They were all asked to sign a paper restating time-and attendance policies and manger responsibilities. I was the only manager terminated. In the termination meeting with my supervisor, I was given the option to resign with the promise of a good reference from the company, and given they were my employer for 10 years, and the only relevant reference for future employers, I felt pressured into accepting this offer. It was made clear to me in that conversation that the only available options were resignation or termination. As a manager with the company, I am also aware that they nearly always contest unemployment claims, and if I declined their offer of resignation to better my chances of unemployment, I would still have to make a good case that they didnt terminate me with-cause. Do I have a case to file for unemployment? If my employer contests the unemployment which I am certain they will do I have a case to justify my right to unemployment? Some additional facts: I was never properly trained on their labor and scheduling software. The software changed 4 years ago, all other managers took an online training course while I was on maternity leave, and when I returned I was never scheduled to complete the training before being being thrown into needing to complete payroll due to a manager unexpectedly leaving. At the time this happened, I informed my direct supervisor that I was never trained on the software, and she had another manager come by and give me a two-hour crash-course, rather than having me complete the training. There is no record of me completing this training in my file. My direct supervisor, the dirstict manager, was responsible for auditing my record keeping and time logs. It was never brought to my attention at any time that there was any issue with my labor practices, and on several occasions my supervisor used me as a

resource on how-to use the system correctly. There were zero conversations or coaching on any errors or the supposed anomalies. In the 10 years I was with the company, I was given only 1 formal corrective action 5 years ago for not meeting standard on a health audit. Later that year, I was put on a performance improvement plan and early the following year, I volunteered to self-demote to assistant

manager and retrain. Later that year I was once again promoted the role of store manager. I had no

disciplinary actions since, and at the time of my termination, I was considered a high performing

manager in my area. I trained multiple incoming store managers in their new role a job only given to

top performing managers, was trusted to dual and even at one point triple manage locations

simultaneously, and was the recipient of recognition and awards by my local and area leadership.

Asked on October 22, 2017 under Employment Labor Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should apply for unemployment compensation, but it will probably be denied because you resigned instead of being fired.  Resignation is considered to be a voluntary quit for which unemployment compensation is denied.
If you had been fired, you would have a stronger case for unemployment compensation because any mistakes were not misconduct.
If your unemployment compensation is denied, you should still follow through with the appeals process.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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