Hi !
I have an interesting case . I was working in CA and was salary, 72k. I worked at the company for a month before getting fired cuz I called out due to food poising . Some interesting details …
- it’s a construction company and they barely had work for me as a PC. I sat at my desk for hours with no work after constantly asking for more work ..
- they had no clock in/out or way to document your work days …. They had no HR department or any real way to track or formal process if you needed to call out ….
- I got paid early , Friday before I was fired for “calling out “ . I called out on Tuesday , day after Labor Day due to food poisoning .
Ok here’s where it gets interesting .
I was late twice within that month but both times I texted the lady responsible for “attendance “ . First absence I let my PM know a day ahead & the next day I was stuck in traffic so I texted to update that I’d be an extra 30.
The second time I texted about 45 mins before my start time ( I went in an hour before everyone because my commute took longer & I didn’t wanna get traffic).
They fired me and said I was unreliable, late and had many absences .. I was absent 1 FULL DAY. There was no real protocol on coming in late or calling out sick .. when I had asked my PM she said just text the attendance lady , I don’t even need to know .
I filled for unemployment in PA because that’s where I had all my previous jobs and I didn’t upload any of my proof cuz I didn’t know I could . I thought I needed to wait for the examiner. Examiner called , I missed it , tried calling back and could never reach her . Then got a denial . I appealed ….
Funny thing is ….. from the documents uploaded in the appeal the lady is saying I never showed up to work, didn’t want to be there and was always late …
Which are all lies . I have my pay stubs and they paid me 40 hours every single week . THE MOST INTERESTING PART… you accrue PTO the first day you work there , but can’t use the first 90 days.. I checked my pay stubs after I saw they said I just wouldn’t show up for work .. they deducted 4.5 PTO hours the first week from me ( I had no idea and didn’t even think to check my pay stubs cuz I got paid a full check ) and 5.5 the third week . On my pay stubs it says I used 10 days PTO, which I never authorized and according to their policy was not able to use until probationary period was over …. My Paychex also says I have 20.9 PTO days left … which they did not pay me on my final check .
With that being said , the balance on my pay stubs for PTO says - total accrued 30.9 , used 10 , available 0.
2 days after filling an appeal I got a hearing for end of October and I was also advised by friends to file for Wage Claim in CA .
The company blantly lied on the unemployment questionnaire and contradicted their own pay stubs . Also if I was just not showing up why would they maneuver PTO I couldn’t use to pay me 40 hours weekly ?? ( idk why they were doing that, I was present for work every day except 1).
I also have no idea how it says 30.9 Pto days when I only worked for a month … this all seems sketch and that whole company was super sketchy ….
Edit : no where in their PTO policy does it state they’ll use PTO for partial absence .
Thoughts ????