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How can I be well prepared before being fired/quit? (CA)

by Tiny Worker
(Chino, CA)

I have been working for my company since May 2007 and recently, micromanagement is being used in our office. My supervisor is creating standards that we are unable to meet as well as an extremely stressful workplace.


Not only our mistakes is often times listed out and posted for all others to see, they will have "serious talk" with us whenever they have "questions" regarding our works (every other day). Trying to improve my performance, I have asked for what exactly they are looking for and I was replied that there is "no standard" but my own sense.

Some examples are: I was pushed to work faster causing me to make a lot of mistakes and then being complained. If work has not been finished even if I had stayed for extra 1.5 hr w/o pay, I was still being yelled for not checking with supervisor before hand but when I do, I was said that I worked too slow thus I was told to have some deep thinking about if this job is suitable for me.

I am now experiencing fear and low self esteem other than depression and stress thus unable to sleep at night. I am thinking about quitting, otherwise, waiting for them to fire me for termination either way I wish to be eligible for unemployment. And how do I be well prepared before being fired/quit?

My friend suggested seeing a psychologist for depression/high stress for the record, does that help?


Hi Tiny Worker,

Again, my answer is to take the steps that will provide
you with concrete evidence to point out why the employer's demands are unreasonable. I'm suggesting that you sit down and write out a written response to the employer (preferably an email that proves the employer received it) detailing why the actions of the employer are unreasonable.

If the worse comes to pass and you are fired, you can use this documentation...just like an employer uses their write-ups, documentation of verbal warning and what was discussed.

If an employee receives a written warning that they feel is unjustified, they should not just sign it, but answer it with their own reasoning as to why they think the employer's point of view is incorrect.

Even though it is the employer's burden to prove misconduct, a worker needs to be involved in protecting themselves while still employed. Failure to do so just increases the likelihood of needing to appeal after a denial of unemployment benefits. Documenting is also the groundwork needed to be in place before you quit. I should say "especially if you quit".

Not to mention other employment issues, like discrimination if you are part of a protected class or workers comp issues. I'm sure someone out there can tell us for a fact, that if you are injured on the job or develop some type of disability that limits you, an employer may very well consider you nothing, but a pain in the ass they'd like to get rid of.

If you want to go the medical route .... have at it, but you better read the California eligibility guide first.



Comments for How can I be well prepared before being fired/quit? (CA)

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Mar 30, 2009
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Responding to employers with rebuttal letters
by: Chris - webmaster:)

Hi,

My advice is always the same. Become an active participant in your own employment.

When employers document by issuing written and verbal warnings ... RESPOND!! Do not let their documentation be the only piece of evidence the state has to look at.

You clearly stated what you believe the problem is. You said you made mistakes, but it's not for the lack of trying. That is your strongest argument at an unemployment hearing so it should be the focus of your response to the employer. If you have never been presented with training to help you...state so. If you have, address the fact of it's inadequacy or if not inadequate just reiterate your desire to do the job well, but emphasize the "INABILITY" aspect.

Responding to employers written documentation is the number one thing employees fail to do. Don't get me wrong, it won't work well if you are really guilty of misconduct, but what it does is raise questions about the employers stance that you have willfully, intentionally, carelessly or knowingly done something that could cause harm to the their interests.

In other words every response should make an effort to remove the foundation an employer is going to use to build "GOOD CAUSE" to fire you.

Hope this helps.

Mar 30, 2009
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I think my employer is going to fire me. What should I do to protect myself.
by: Tiny Worker

Say I am not going to quit but will struggle until they fire me unless I found a new job, I am quite sure that if they are planning on firing me, they will fire me for misconduct (making mistakes) when the right time comes. To be very honest, I do make mistakes and they occurs even if i try my very best to avoid.

In this case, while being even more careful what else can I do to protect myself? Should I explain to them that I am doing the best of my ability?



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