Legal Question in Employment Law in California

I have a final warning from my employer - I work retail (wireless industry) - reason for my final warning is due to my quota not be met. Nonetheless, I have worked for three years for the same wireless company. The final write up was done by our new store manager of less then six months. I work part time - most part time employees work 30+ hrs/week and I only work 20-21 hrs/week (reason for less hrs was by a temporary requested by me approximately 2 months ago).

Due to the low amount of hrs and me scheduled am shift (pm shift is when most business happens) my monthly quota results have decreased. Considering I have less numbers at the end of the month then the remainder of associates, my numbers are not much behind from most associates-which include full timers.

My manager claims there's more room for opportunity (and he would say that since his job matters more then mine in the eyes of the market manager who only cares for #s being met and not her employees) - I am trying my best to reach my quota - my customer service is excellent, unfortunately giving excellent customer service and solving ppl's issues does not give me #s on the board.

I was emailed a final warning for low performance. I am required to sign for documentation to HR. I am not certain if I should sign it. The reason is, if indeed I am fired for poor performance and I apply for unemployment (state of CA) will my claim be rejected by the unemployment department?

This is a tough economy and I am a mother of 2 young kids.

Any advice will be appreciated!


Asked on 1/19/11, 11:07 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The EDD does not typically deny benefits when an employee is terminated due to performance issues, though it can if it appears the employee was trying to get fired by refusing to comply with a reasonable request. Essentially, the performance would have to rise to the level of "misconduct", as defined by precedent decisions, or amount to a "voluntary quit". Not meeting a sales quota would not seem to fit either category.

Most documents HR wants employees to sign simply indicate the employee acknowledges receipt of the document. If this is all it is, there should not be a problem signing it. However, if you do not understand what you are signing or it indicates you agree with the warning, when you do not, you should not sign it. You could also write a rebuttal to the criticism and request your response be placed in your personnel file and you should retain a copy. You are entitled to copies of all documents you sign, related to the obtaining and holding of your employment.

For more information on how the EDD rules on these issues, go to the website for the EDD's benefit determination guide, at http://www.edd.ca.gov/UIBDG/ .

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Answered on 1/25/11, 10:28 am


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