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Dick boss says I quit because I no called/no showed, but I did call and I did show up

by C.A.
(Lakewood, Colorado)

Hello, not sure if you can help me or not. It is 3 in the morning and I apologize for being too tired/lazy at the moment to thoroughly look through your website to see if this question has been asked or if you have already answered it.

I live in Colorado and worked for **cell phone company name deleted** for 90 days, until yesterday. I was rarely ever late and have never called in.

Yesterday 1/30/2015 I was scheduled to work 12:30pm-9pm. I woke up at 7 to take my daughter to school and decided to take an hour nap before work from 11 am to 12 pm. I over slept until 1:30 pm. I called my job to let my boss know what had happened (who is a dick and the type of person I frequently asked myself, how did he get his position?). My boss was not in the store, so I spoke to a coworker. I then went to work and clocked in around 2pm.

My boss walks in and asks to speak with me. He tells me, and I quote, "you no called no showed, so you're basically giving me your job. BUT, we were going to let you go today anyways. The company decided to go in a different direction."

So I guess my question is, did I really quit? Seeing as I did call and did show up.

I want to file for unemployment, is this still possible for me? I'm sure that he is going to say I quit. Is there anything I can do to appeal whether I quit or, was let go?

I have a wife and daughter to provide for and the fact that he did it so nonchalant, without any sympathy, really hurts me.

I just don't know what to do or where to start. Any help or advice would be greatly appreciated. Please let me know either way if you can offer any help/advice.

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Anyone else want to chime in please do .. because I'm holding late feet to the fire
by: Chris -

The first thing that struck me was if a reasonable person would be able to justify the use of the word "rarely" in regard to ninety days of working for one employer the same way you did.

Once would be rare in ninety days .. which is curiously, usually the cutoff for making decisions about keeping probationary employees on.

This is what you revealed to me when you stated ..

"and worked for **cell phone company name deleted** 90 days, until yesterday. I was rarely ever late and have never called in."

That's not exactly what I would call employee behavior that at first glance is worthy of becoming a permanent employee.

Thus, the employer risking even a higher monetary liability should the employer later decide to let you go when rarely, becomes habitual behavior attendance behavior would be silly to me because you've already demonstrated your unreliability.

For crying out loud .. you were three hours late to work because you took a nap! Don't you have an alarm clock .. or at least knowledge that you are a sound sleeper capable of oversleeping?

I also assumed you're an employee of the passive aggressive ilk, because you told me something irrelevant in that it is your opinion you think your boss is a dick .. and I might add, after only 90 short days of employment during which you are rarely late arriving to work for your shifts.

For me, the basic problem you're going to have whether the CDLE determines this a quit, or a discharge ... is the employer calling it a no call .. no show which is in fact a voluntary quit, but as far as the prospect for any appeal .. I think the issue would be a discharge for misconduct due to repeated violations of the employer's attendance policy and contingent on whether the employer can provide written warnings and the policy to support your violations as at least relevant to one word used to describe an attitude of misconduct.

Whether one no call/no show is sufficient to be considered a voluntary quit is .. well it's sketchy. But regardless of what your boss called it .. I might, be found to be misconduct and good cause to fire you with, or without sympathy.

My opinion, either way your claim goes .. the employer did the smart thing because even if you do get benefits .. 90 days of employment .. is only 13 weeks of taxes .. a drop in the base period bucket as compared to four quarters of wages all coming from the same base period employer.

The problem is .. when you're lazy .. other still have to do the work .. or maybe you just have a different view of what's reasonable that I do.

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