Any lawyers here?

[MichaelScottDM]

Girlfriend is being written up for bs reasons at work? She has great performance evaluations but they say her "attitude" is bad and it is considered misconduct. She had been written up twice. We are both wondering if she is fired, whether or not she will receive unemployment. She isn't doing anything to cause the business to lose $, just isn't a person who kisses ass like most others in her position.

[Automation]

Just leave, get another job, if her face doesn't fit there is no point fighting it.

[LiftEaTsLeEpRePeAt]

Girlfriend is being written up for bs reasons at work? She has great performance evaluations but they say her "attitude" is bad and it is considered misconduct. She had been written up twice. We are both wondering if she is fired, whether or not she will receive unemployment. She isn't doing anything to cause the business to lose $, just isn't a person who kisses ass like most others in her position.

fight the power.... don't take shit from no one.

[HavoX]

What's her job

[MichaelScottDM]

It's difficult for her to leave. She makes decent $ with little education. We are hoping unemployment is an option in case she gets laid off so her bills are covered while she looks for a new position. She works for an at-will employer. We are in California

[Novena]

Reasons for denying unemployment is:

• Malfeasance (dishonesty, violence, and the like)
• voluntary separation (quitting)

Being bad at a job is not malfeasance.

[MichaelScottDM]

Reasons for denying unemployment is:

• Malfeasance (dishonesty, violence, and the like)
• voluntary separation (quitting)

Being bad at a job is not malfeasance.

I've read however that having a bad attitude is still grounds for dismissal and gives the employer the ability to contest unemployment

[Novena]

What is it about her they don't like? What does she do that angers them?

[MichaelScottDM]

What is it about her they don't like? What does she do that angers them?

She isnt a kiss ass, nor is she fake. Most people there are over the top nice, whereas she isn't as personable. They want her to be ridiculously pleasant and someone she isn't. Realistically it isn't a good fit. They are in the process of selling and she isn't that type of individual.

[Mr. MB]

California has a strong Labor Relations Board. It is very uber Liberal and pro employee. Employer will have had to 'written her up' 3 times and given her a copy. If not she is in a good position to win a suit with the State representing her.

[Simple Simon]

She isnt a kiss ass, nor is she fake. Most people there are over the top nice, whereas she isn't as personable. They want her to be ridiculously pleasant and someone she isn't. Realistically it isn't a good fit. They are in the process of selling and she isn't that type of individual.

Is she in the Samaritans call centre?

[MichaelScottDM]

California has a strong Labor Relations Board. It is very uber Liberal and pro employee. Employer will have had to 'written her up' 3 times and given her a copy. If not she is in a good position to win a suit with the State representing her.

That's the thing, she has been written up twice. We are thinking this is their way of getting rid of her on the 3rd write up. Her write up from Friday pertained to the way she greeted the incoming regional manager. She didn't chat or exchange pleasantries, basically said "hi" and left it at that. I have been telling her to sign the write ups but explain why you disagree w it in writing.

[ChopperRider]

She isnt a kiss ass, nor is she fake. Most people there are over the top nice, whereas she isn't as personable. They want her to be ridiculously pleasant and someone she isn't. Realistically it isn't a good fit. They are in the process of selling and she isn't that type of individual.

Why don't you just tell us she's a bitch, admit you're an enabler, realize she wants unemployment pay to sit around and do nothing, and stop making shit threads.

[MichaelScottDM]

Why don't you just tell us she's a bitch, admit you're an enabler, realize she wants unemployment pay to sit around and do nothing, and stop making shit threads.

Couldn't be further from the truth. She has been working since she was 14. Does not want unemployment, would just like to hear her options in case she is fired and has to worry about bills while searching for a new job. I think anyone in her situation would think the same.

[ChopperRider]

Couldn't be further from the truth. She has been working since she was 14. Does not want unemployment, would just like to hear her options in case she is fired and has to worry about bills while searching for a new job. I think anyone in her situation would think the same.

Then she slept with the Boss and he wants her gone because he's moved on to a new office piece.

[Ronnie Rep]

Wait till she gets fired and hire an employment attorney. Or apply for unemployment!

[MichaelScottDM]

Then she slept with the Boss and he wants her gone because he's moved on to a new office piece.

Comments like this is what makes getbig so insightful

[the trainer]

Girlfriend is being written up for bs reasons at work? She has great performance evaluations but they say her "attitude" is bad and it is considered misconduct. She had been written up twice. We are both wondering if she is fired, whether or not she will receive unemployment. She isn't doing anything to cause the business to lose $, just isn't a person who kisses ass like most others in her position.

She could always work on web camera if she is hot.

[ChopperRider]

Comments like this is what makes getbig so insightful

Yeah, she's probably just really unlucky and trouble just "happens" to follow her. Let me guess, the other women are just jealous of her because she's so smarter, so much prettier, and so much more efficient than them.

Poor girl....persecuted unjustly everywhere she goes.   

[honest]

Drop the attitude, take whats on board in the warnings in a positive way, ask her boss to detail to her how she could improve her performance ask that she be given time and maybe even training so that she can keep her job, have her explain to her boss that she really needs this job.

If she doesn't want to do the above, she deserves the third warning, in business your staff are your business, understand that, he needs someone in that position who wants the job, doesn't sound like she does, communicating isnt kissing ass and a job is a privilege especially in today economic climate, not a given.

[240 is Back]

Slip
and
Fall.

Makes her a lot harder to fire.

[polychronopolous]

Girlfriend is being written up for bs reasons at work? She has great performance evaluations but they say her "attitude" is bad and it is considered misconduct. She had been written up twice. We are both wondering if she is fired, whether or not she will receive unemployment. She isn't doing anything to cause the business to lose $, just isn't a person who kisses ass like most others in her position.

Not sure if Paul Hupp still posts here but he might be able to help you out.

[youandme]

Lawyers cost money, hiring one after she gets canned for malfeasance inability to perform isn't going to pay the bills while the attorney looks for a connection of the employer pattern of write-ups to show intent to fire....relieve it from paying benefits.
Document circumstances if it were me, of the write ups and why I disagree. File whatever you have to file at work to make that document look less 'substantial' if it were me. Then I'd email a supervisor explain how to improve and on that occasion I don't think a write up was necessary through for this reason that reason....then if fired you have documentation that something was awry other than just talk. You get to appeal a decision if denied unemplyement but you have burden to produce.

[Obvious Gimmick]

California is NOT pro labor. Unless union, you can be fired for anything except for the standard race, gender, blah blah blah. Her employer doesn't need to "write her up" at all. That's just a face saving thing in case she comes back and say she got fired because she's a chick.

She can get unemployment if she is fired for 'poor work performance' but not If she quits. That may be why theyre fucking with her(to get her to quit). Also unemployment "specialists" at EDD are fucking idiots. The worst paid and dumbest of all Ca employees, so don't expect much help from them. and I'd they say "you don't qualify" for unemployment, don't stop pursuing it.

In a nut shell, she's fucked, but will get the $400 a week or whatever it is

I'm sure she can remember a sexual comment or two from the boss can't she? Maybe a dinner invitation right before the 1st write up?

[Coach is Back!]

If they said she had "a bad attitude" that could be taken as in subordination (sp?)