Is this truly 'misconduct'?.....
(Los Angeles, CA )
I was recently terminated for 'falsification of timecard', although the employer didn't know exactly how i punched in to work. They just noticed that i wasn't at my desk while according to online timeclock, i was 'at work.' I had a friend/co-worker punch me in on several occasions when I knew that i was going to be late. I subsequently applied for UIB, but am anticipating a denial letter due to 'misconduct.' If this is the case, i am planning to appeal. I'll give you the 3 reasons on why i believe i have a case: 1. i was never given a specific warning (verbal or written) regarding the timecard falsification prior to being fired, 2. On many MORE occasions (approx. 30-40), I had punched out at the END of my shift, but continued working until i completed my assignments for the day. My boss was aware of this, but i was not a. warned to stop doing this nor b. paid for all of that overtime (avg. of about 1-2 hours per occasion). And finally, 3. don't know if this matters, but the person who punched me in continues to be employed there (I happen to know this for a fact). I am in California, and i believe that the reasons i provided above, would still make me eligible for benefits, per the definition for 'misconduct' on EDD's website (i.e. no warning, boss was aware of timecard falsification at END of shift, etc.). I would really appreciate your help in just letting me know if i have a strong case for an appeal. Sincerely, Eddie
1 & 3 might make for a weak case, I don't see the relevancy of 2.
But the real kicker for me is that I know, in most employee handbooks .. Having someone punch in for you when you are late is "time theft" which is usually just a part of a time falsification policy and it usually doesn't require prior warning to be seen as a cause for immediate dismissal .. because most people know without a doubt .. this is wrong to do.
How will you argue that what you did was justified by staying late off the clock .. how do you prove that .. I know you can say it, but how will you prove it. In any case .. I think it is irrelevant to the cause for termination.
So just in case I haven't made my point yet.
Yes, this it "truly" misconduct.
And I could bury you .. if it was my job to do so.
But it's not .. so I say .. find another job Eddie and misconduct no more.