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"You can't fired me, I quit." are some of the most expensive words you can say. ( I speak from experience here in California. A few years back.)
People who quit do not get unemployment. And they end up taking any job in order to stay housed and fed.
But sometimes you need to leave and they won't
fire you because your worst efforts beat those of almost everyone at work. You spend so much time learning how to be a good employee, that all your instincts are wrong when you try to get fired.
Remember the horse Orwell's Animal Farm who worked himself to death? Suppose he had wished to quit instead. The Pigs would not have allowed it. He would need someone to teach him how to be a slacker, or be weird and smelly, or to pick fights or anything that would result in his being fired (and freed).
There are resignation consultants, But how to get fired with out murdering the boss isn't something they are going to help you with.
boxer Animal farm
http://en.wikipedia...r_%28Animal_Farm%29
boxer Animal farm [popbottle, Nov 26 2013]
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Wow...what do I say? 7 months, thirty-plus ideas posted here, and you're also my neighbor here in San Diego. |
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Rough week at work? There's got to be some counselors you could talk to, someplace. |
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The trick is to get laid off, not fired. If you're fired for
cause, you don't get benefits either. Of course, that's not
much of a trick, because it turns out in California you
pretty much can't fire anyone unless it's A) for one of a few
specific reasons and B) you document it really, really well. |
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As an employer who has had to pay benefits to an
employee I fired for gross incompetence, negligence, lying,
and insubordination, I speak from bitter experience. Even
the fact that the employee admitted, in a recorded
hearing, to being paid under the table by another employer
subsequent to being fired made no difference. |
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In other words, you don't need any of this. You can
blatantly steal from your workplace, call your boss a cunt,
or just stop showing up, and EDD will side with you 100
times out of 100. |
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Actually, stealing won't get you EDD funds. |
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"gross incompetence, negligence, lying, and insubordination" |
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Sometimes in the hiring process warning signs are overlooked. Yes, you do have to do your due diligence, but if you are not then somebody else should be the manager anyway. |
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"being paid under the table by another employer subsequent to being fired" |
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You can get fired for a variety of offenses, and still collect EDD funds, but stealing get's you no checks. Short of assaulting employees or stealing, however, the state recognizes that there are as many lame employers as there are lame employees. |
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I'm just telling you my experience. You can do all of
those things, and EDD will still pay out. They don't
care if an employee was stealing, unless the employer
can provide incontrovertible evidence of the theft.
Anything short of a criminal conviction for the theft,
and they simply won't believe the employer. |
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The only way they will accept that an employee was
fired for cause is if it documented six ways from
Sunday. Provide a written warning to the employee at
the time of each incident, including a statement that
any further such offenses will lead to termination.
Even then they probably won't side with the employer. |
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//You can get fired for a variety of offenses, and still
collect EDD funds, but stealing, unsportsmanlike
conduct and being paid by another employer are not
among them.// |
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The employee wasn't fired for being paid by another
employer. The employee admitted in a hearing to
being employed after being fired by me, but being paid
under the table in this new job. The hearing officer
was pretty livid when he heard this, and actually
yelled at the former employee about it, but
nevertheless granted continued benefits on the basis
that the subsequent employment couldn't be
documented. A transcribed confession to that effect
was considered insufficient to deny benefits. Brilliant
system, huh? |
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Just go work for whoever I'm working. They invariably end up laying people off, including me.
.....Hmm, bit of coincidence now I come to think of it. |
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The challenge you face is that there is as much lame conduct and deception among employers as there is among employees. The system recognizes this, and is weighted so that the burden of proof is on the employer. |
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I saw a hidden camera TV game show once where contestants went out, got hired for a job and then the clock started ticking until the employer fired them. It was a bit crap actually. |
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At one job I worked for 15 years, I had a meeting
with my boss - I quit and he fired me at the same
time, so I asked to be given unemployment
compensation and he did. Problem solved. |
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Yeah, in the appeals process regarding that "fired for cause" thing, it's always entertaining to see who says what. I'm certain that there are employees who get taken down a peg, but all the stories I know involve employers who embarrass themselves on the record. |
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21Q's advice holds largely true for employers also. |
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Laws may have changed or become better defined since recording technology is now ubiquitous. |
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I knew somebody who was fired in the early nineties for audiotaping an abusive supervisor, after top management declined to take action. At that time it was not legal to record persons without their consent. |
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The resulting lawsuit did not go well for the company. They settled out of court after the initial compulsory arbitration per the union contract became embarrassing. |
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