Fighting the MAN!

[ShredderMaximus]

Well I got some news today and I'm stoked, so I thought I'd share with my TBOT brethren and sister-en(?)

Back when I was fired from my job for being an hour late to a 4:15am shift at a certain super giant coffee chain (think Moby-Dick...) back in May of 2010, I applied for unemployment, but was rejected when I was found to have been fired due to misconduct, which was a breach in contract and disqualified me from such benefits. Bummer.

Well, after some thinking about this, I remembered how I had requested to not work these hours anymore, but was ignored by my manager. So I decided to try at an appeal to state that this happened and that I shouldn't have had the shift scheduled anyways, but the fact that my manager was fired not long after me meant that it couldn't be proved, so it was sorta a strange situation.

Well, after another stretch of time, and having a live hearing with a judge a month or 2 ago, at which this company didn't even bother sending in a representative, I got my decision in the mail today...

And I won!

After reading through the paperwork, turns out I was well within my rights to appeal, without any mention of the attempted schedule change. Turns out that since the company actually lied about some circumstances of my last day, they said I was a no call/no show, which would be misconduct, that the truth that I was ditched by my ride, called a cab service repeatedly but the cab was unable to find me multiple times,(which still astounds me, it's not like I live out in the boonies or anything) called the store multiple times telling them I was doing my best to get there, and DID show up, though an hour late, found that this was not misconduct, but that if the company decided to let me go to find someone more reliable, with a car or whatever, that they could do so.

As defined in the paper work-

"Misconduct connected with work" is a substantial breach by the claimant of an important duty or obligation owed the employer, willful or wanton in character, and tending to injure the employer(Precedent Decision P-B-3, citing Maywood Glass Co. v. Stewart (1959))

An employee has a duty to notify the employer of the intended absence even when the absence is for a justifiable reason.(Precedent Decision P-B-215)

In Precedent Decision P-B-213 the appeals board held that neither the claimant's absence for two days, nor her failure to advise her employer of her intended absence was misconduct, because of her preoccupation with the serious illness of her child.

In Precedent Decision P-B-186 the claimant was a few seconds late. The employers work was not affected. Although the claimant had previously been warned, the appeals board held the claimants violation was minor dereliction of duty and did not constitute misconduct.

In Drysdale v. Dept. of Human Resources Development (1978) 77 Cal.App.3d 345, recurring tardiness after warnings, showing an intentional disregard of the employers interest, was held to be misconduct.

So now I sit here, waiting for a check, that should equal up to about 100$ a week since May 16 2010, up to 3,500 dollars or so, ecstatic because if I get this and this job I've been waiting for, I should have enough money to get out of my moms and her fiancees house, get a cheap room somewhere, get a cheap car, and possibly feed some G.A.S. for a new amp that has been killing me for a long time.

But for the most part I really wanted to share this because I wanted to let people know that if you think you may have a chance at something, or even if you don't, to not be afraid to put up a fight. And to always read the fine print, given my example to how the company I had worked for had lied about the circumstances of my firing just to get out of paying out my unemployment.

[warwick.hoy]

Yeah,...Starbucks Blows.

[ShredderMaximus]

Originally Posted by warwick.hoy

Yeah,...Starbucks Blows.

[warwick.hoy]

I quit a job due to a hostile work environment (getting ripped off by the owner). Out of truthfulness I told the UI department that it was voluntary but told them it was due to the hostile work environment. They gave the employer a chance to submit his side in writing, but he had bigger worries (IE state tax evasion among other things). He never replied.

It took them a few months to rule in my favor and by then I had already gotten a new job and had ceased filing my weekly claims (after the first week actually I didn't want to jump through their bureaucratic hoops of going to what amounted to weekly resume writing classes when I should've been out pounding the pavement). So I got nothing cept that time added to my work history for future unemployment insurance.

As far as the morality of your "scheme",...yeah I don't think Starblows has any business dictating morality.

[bassdude51]

If you can afford it.............take the money and buy a bass!

[ShredderMaximus]

yeah, though they made me sign up and write a resume on their site, I guess since nothing had ever been final, I never had to attend any classes or anything, thank god.

And about the company's (supposed) morality, another member of my family has been out on disability for awhile due to a work induced injury, and the company has been trying to relentlessly wash their hands of them. I.E. cutting of disability insurance right before Christmas, dragging their feet as long as possible to force her to quit due to the fact that she hasn't recieved any money for MONTHS now, and recently offered bringing the person back with a SERIOUS downgrade. (This "person" has been an OUTSTANDING store manager for 10 years, bringing in tons of business and creating a HIGHLY loyal customer base to stores that otherwise were in very slow, out of the way places, or bringing poorly managed stores with horrible local reputations back from the brink) The whole thing sickens me, especially how they parade around claiming to be such a personal, caring company, but actually treats ex-employees like yesterdays garbage.

[warwick.hoy]

Originally Posted by ShredderMaximus

yeah, though they made me sign up and write a resume on their site, I guess since nothing had ever been final, I never had to attend any classes or anything, thank god.

And about the company's (supposed) morality, another member of my family has been out on disability for awhile due to a work induced injury, and the company has been trying to relentlessly wash their hands of them. I.E. cutting of disability insurance right before Christmas, dragging their feet as long as possible to force her to quit due to the fact that she hasn't recieved any money for MONTHS now, and recently offered bringing the person back with a SERIOUS downgrade. (This "person" has been an OUTSTANDING store manager for 10 years, bringing in tons of business and creating a HIGHLY loyal customer base to stores that otherwise were in very slow, out of the way places, or bringing poorly managed stores with horrible local reputations back from the brink) The whole thing sickens me, especially how they parade around claiming to be such a personal, caring company, but actually treats ex-employees like yesterdays garbage.

Not to mention their treatment of growers.

[ShredderMaximus]

Originally Posted by bassdude51

If you can afford it.............take the money and buy a bass!

Hahaha, like I said, I'm hopefully aiming at getting the rest of the things in my life situated first, i.e. my own place, car, etc etc, but hopefully it will put me in a position where I can save up some money! But though I would love a new bass, seeing as to all I actually have amp-wise right now is the little 15 watt Fender rumble that came with my first bass (Squire Affinity P set) I think that takes precedence, especially since I've recently quit my band and am chomping at the bit to get my own band going!

"Hey dude wanna be in my band and play some brutal @$$ metal?"
"Hell yeah dude! When can we start jamming?!"
"Well actually I can't really jam..."
::door slams::

[ShredderMaximus]

Originally Posted by warwick.hoy

Not to mention their treatment of growers.

Yeah, they spend millions upon millions to keep up that image, as opposed to giving it to their growers, where it is actually needed.

[Jazz Ad]

I think it's a really bright idea to explain on a public forum how you lied about facts in court.

[Indiana Mike]

Originally Posted by Jazz Ad

I think it's a really bright idea to explain on a public forum how you lied about facts in court.

That same thought struck me as well.

[ShredderMaximus]

me as well, though I am oblivious to topic of discussion...

[Skitch it!]

I have worked for a couple of companies whom I felt took advantage of my better nature and it was evident that that would continue. I decided that since the companies in question were obviously too busy to appreciate the lengths I went to to provide them with good service, that I would help them out and spare them the trouble of this distraction by 'liberating' my own bonuses for work beyond the call. Some of these 'liberated bonuses' where quite generous and were never missed.

I wouldn't recommend it, but I like fair game played by both sides, that's me ; )

[duff beer]

Fighting the Man??

It's 2011, not 1961...

[elgecko]

I would recommend not showing up 1 hour late to your new job.

[Big_Daddy]

A feeling of satisfaction and 'AWWW YEEEAAAHHH' while reading that? I has it.

[Jazz Ad]

Originally Posted by duff beer

Fighting the Man??

It's 2011, not 1961...

There are even more reasons to fight the Man today than in 1961.

[cheezewiz]

No one is responsible for his own actions any more. When you get a new job, see how showing up an hour late goes for you. I would have fired you too. Using an "I requested not to work those hours" excuse is the height of lameness. I wish I could set my own hours, but it doesn't work that way in big boy and girl world.

[cheezewiz]

Originally Posted by Skitch it!

I have worked for a couple of companies whom I felt took advantage of my better nature and it was evident that that would continue. I decided that since the companies in question were obviously too busy to appreciate the lengths I went to to provide them with good service, that I would help them out and spare them the trouble of this distraction by 'liberating' my own bonuses for work beyond the call. Some of these 'liberated bonuses' where quite generous and were never missed.

I wouldn't recommend it, but I like fair game played by both sides, that's me ; )

Theft is ok too? Awesome.

[acubass]

Originally Posted by cheezewiz

Theft is ok too? Awesome.

The king of morality weighs in.