by simone yzaguirre
(san francisco, california)
I QUIT and walked off my job for good cause.
When I received the Letter of Determination from EDD stating that I
QUIT and therefore disqualified to rec. benefits ( I rec. this letter 8-7-09)
But in the Notice of Unemployment Ins. Claim Filed it states the reason for me no longer working at Tourneau is TERMINATED (I rec. this letter 7-8-09)
There is a big difference between quit and terminated. Can my employer Terminate me after I quit and walked off my job for good cause???
thank you, Simone
It often happens that employers and claimants put down the wrong reason for separation.
Of course this requires the state to investigate the ACTUAL reason for separation .. which they then base the determination on .. so yes, it happens quite frequently.
An example would be that employers first respond that a person was "terminated" or fired for a violation of their attendance policy because the employee no called/no showed for two or three days in a row. This is actually a quit.
Employees VERY often choose the option that they were laid off, and the employer says they were terminated. This usually bring about a disqualification for a "misrepresentation". Because laid off means "a lack of work".
There are states that might penalize the employer for the wrong response, but California is not one of those states. They are allowed to amend the protest or provide information in the "interview" which clears it up.
I suspect, in your situation .. since you walked off the job, the employer thought they had terminated you for some sort of insubordination.
It was common practice .. in my former job, to explain the difference to an employer between a quit and a discharge. It's always beneficial to "allow" the burden of proof to be assigned to the other party. This is why a savvy employer would always try to get an employee to quit .. before they fire them especially, if the reason the employer wanted to fire someone was weak or questionable.
Did you appeal the determination?