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by Gina Kay Burke
(Palm Desert, Ca USA)

Hi my name is Gina Kay. My question is. I was working a closing shift at Ralphs. I work in the service deli. Which is a separate union than the rest of the store. There was also a co-worker there. She was off already.

I was scheduled till 10pm she was scheduled till 9pm. She was about to miss her bus, and had no other means of transportation. I offered her a ride. But that I worked until 10.

Well I got the work done early, and was able to take her. I left early. The service deli manager nor assisant manager was there. I was never told that I could not leave early. In fact they encouraged it due to lack of business. I DID NOT know that, that was considered a voluntary quit!

I never would have left. It was the first time I had left with out telling someone. Other people had left but NEVER got disciplined for it. I feel it was against me personally, I know that has nothing to do with it. But I really feel that I was being singled out. I did not have any other violations related to this. I was a good employee. I have an Appeal Meeting tomorrow. I hope U can get this soon. Thank You. For your time. I have been doing alot of research, to help my case I hope you can help.

Sincerley Gina Kay

Hi Gina,

I didn't know that was a voluntary quit either. Is that really waht the determination said??

It sounds more like a failure to perform a duty reasonably owed to the employer that one would be fired for.

So, you say you were singled out. That the employer encouraged staff to leave early when possible. Others leave early and are not disciplined.

But here's the question that needs to be answered first to even begin to make a case for rules which are not uniformly enforced.

Did they have there managers or supervisor's permission to leave early.

You did state that your manager nor asst. manager was there. Who did you leave minding the deli after you left before the end of your scheduled shift?

Was it common practice for the deli manager to let the closer leave early.

Do you begin to see what your problem is .. irregardless of whether you were encouraged to leave early?

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Sep 24, 2009
Appeal Hearing
by: Gina Kay

Well my hearing was today. Boy was I scared!!! Ralphs the company that fired me, never showed up. I was able to voice all my concerns without rebutal! Wow. Also I did bring along an employee of Ralphs. She spoke on my behalf. The judge even allowed my husband to voice his opion on what he thought about me being fired. I did not think that was allowed. So now I wait for His dicision. What chance do you think I have. This is a really cool place to be able to vent. Thanks Chris and anyone else who has responded. :)

Gina Kay

Hi Gina Kay,

That's great that the employer didn't show up, but please do understand they might be able to get it reopened.

I can't offer an opinion on how the hearing decision will go, except to say getting a decision reversed is much easier when the employer isn't there. As long as you didn't say anything to self disqualify yourself .. I remain hopeful for you .. mostly because you presented a witness to corroborate your testimony.

Sep 24, 2009
Unemployment Benefits
by: Gina Kay

Hi everyone, The service deli closes at 9pm. Cleaning between 9-10. My work was done. I left early, to help out a fellow employee as I always do/did. Service deli management was gone. We where tolde that if done ,okay to leave. Yes that is what edd. is stating why I was denied. Voluntary Quit. I did not get verbal permission to leave.This was my first time to ever do this. I was not warned or written up for it. Just put on suspension until futher notification. Fired 5 days later. Thanks for responding

Gina Kay

Hi Gina Kay,

Then you have your a focus for your appeal.

The employer fired you for something they told you was okay to do.

Witnesses testifying to the same would help!!


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