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) - so 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 after I am fired 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.

Thank you,

Sara


Asked on 1/19/11, 10:03 pm

2 Answers from Attorneys
Raven Sarnoff

If you are fired for poor performance you are entitled to unemployment benefits. If you quit, however, you are not.

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Answered on 1/25/11, 11:53 am
Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If you are terminated, and can somehow show it is related to discrimination, then feel free to contact me to discuss.

If you are simply fired, you can collect unemployment. If you quit, you are not eligible for unemployment.

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Answered on 1/25/11, 12:07 pm


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