Can I collect unemployment if I have been fired for following company policy (Fired for one customer complaint)

by Anonymous

(California)

I work for **name deleted** and I deliver hard wood floor in boxes. I was making a delivery to a new company carrying 61 boxes. I checked in with the company as I was on my way there, to make sure there would be someone there to receive the material because it was to be left outside the warehouse.

After I spoke to the warehouse manager/owner, he was very angry and said he wanted his material left inside his warehouse, I calmly explained our policy. The company policy is to deliver the material and unload outside the home,company etc. The reason being because **name deleted** is liable for any damage done to material when taken inside a home or business and does not have insurance for that damage. Or so I am told that. I am specifically instructed not to carry material inside a home or business. Material is to be left outside home or business. He was more upset because I told him the company policy.

I spoke to my warehouse supervisor and he told me not to take material inside. I was instructed to leave material outside. During the time of calling the company I was making delivery to and calling my supervisor I arrived at my destination. I spoke with the owner and told him my supervisor said to leave the boxes outside warehouse. He was upset and said he didn’t want the material or the company business. I notified my supervisor of this incident.

So I went on with the rest of my day making my other deliveries. The owner had called my company and spoke to my manager. My manager called me on my work phone and told me the owner of the other company called and said he was upset at our policy and that he was going to report us to the bureau and complain and report our company and he also said I was rude and lied about everything I said. The owner of **name deleted** said to fire me because this man made a big deal and threatened the company and because I should have accommodated the customer and because this was a big order and a loss to his company. I explained to her what had happened and that at no such moment was I rude or told the customer anything to get upset, and that I followed procedure and checked with my supervisor first before making any kind of decision. She said it didn’t matter that was the owners decision she tried to talk him out of it, but because the customer said I was rude and made a big deal and didn’t listen to him he took customers side. I kept digging and kept asking her if there could be any other probable cause for me getting laid off. She said crying to me that he has been wanting to hire another driver with lesser pay for a while and that she has been trying to keep me as long as she could. I have never given **name deleted** a reason to let me go. I have no write ups or complaints from any customers. Not one at all. So me being laid off was unjust and without a cause.The employer wrote that I was fired due to wrongful doing to the public.

Hi,

You were fired, not laid off. Do not tell me, or the the state you feel you were laid off because that means the reason was a “lack of work”.

You were an at will employee so accept the fact employers can fire at will employees for anything they want even without the presence of misconduct, unless the termination is are doing for an illegal reason and even then they might get away if an employee is incapable of proving an employer’s actions became illegal.

Unemployment is a potential answer for some people who have been fired for a reason when it doesn’t rise to a level considered work misconduct.

So go ahead, file for unemployment and tell the state your story.

As you put it, you were fired because you followed the employer’s policy and when you asked for direction from a supervisor about how to handle a difficult situation with a customer you say you did what any good subordinate would do .. do as instructed.

It is difficult for an employer to “sustain” burdens when the misconduct is a customer complaint because the complaint is often not investigated and the only evidence of it may the hearsay testimony coming from the employer witness.

Although it is often necessary claimants to be denied for a discharge for customer complaints .. it’s the employer’s burden to prove the complaint was actually about intentional, or negligent misconduct .. usually without any sort of direct knowledge they can testify to during an appeal hearing

A procedural rule of thumb is that direct knowledge trumps hearsay information.

Since you say your employer does not have any written disciplines or complaints about you .. should have a good chance.