Fired while Waitressing, spilled water valid?

my employer lied to the unemployment office and stated that i was discharged from my job because i did not perform my job duties as required, and that i also tried to hide this fact from them. therefore I am not eligible to receive my benefits under california unemployment insurance code 1256.

The real story is I was fired from my waitressing job because I spilled water on the table and it rolled into the customers purse, damaging their camera. It was an accident (spills happen often on this type of job) and I cleaned it up and went on with my day. I did not know it got in their purse and ruined their camera, and the customers seemed to be okay. They did not complain until a few weeks later. I did not, in any way, try to hide this from my employer. We do not inform them of every spill that happens on our tables.

I felt like my employer was trying to find a reason to fire me before that, because i accidentally missed a wine meeting and he was terribly upset. But he doesn't want to allow me unemployment because the restaurant is already suffering slow business and that would be an additional expense. Is my mistake considered "willful misconduct"? I don't believe so on my part, because it was a genuine mistake. But how do I prove that? I've been there for over 5 years and I don't think I deserve this type of treatment.

I am appealing this determination, but need help in knowing what i need in order to prove and win my case. Thank you in advance!!!!!


State/Country relating to question: California

Already Tried:
I've only tried to apply for unemployment. I just got my notice of determination stating that I am not eligible. Thanks!

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It would seem they have a very weak argument. Spills do happen and that is not a reason to fire you.

Stand firm that is was an accident; if they want to fire you they need allow you to have unemployment.

Thank you for your feedback! In my heart I feel like it is not a valid reason to be fired. I really feel it was a personal decision on their half, and If that is the case, I SHOULD be able to get unemployment. It helps me to be more confident after reading your advice. I will stand firm that it was an accident, and not at all intentional.

Thank you kindly!

Take what you feel out of the equation. Keep fighting for your unemployment. Unemployment is usually withheld if willful misconduct can be proven or it can be proven the employee quit. An accidental spill is not considered willful misconduct. Keep appealing the decision until you have won.

The employer has to pay higher unemployment taxes when unemployment benefits for an ex employee are successful, so that is one motivating factor.

You may even want to subpoena the people to testify on your behalf at your appeal hearing with Unemployment, if you can locate them, whose table you spilled the water on if they will testify that it was, indeed, an accident. I would think it would be unfeasible for any Unemployment Hearing Officer to find credible that your spilling water on a table was deliberate or malicious.

Keep on fighting. You will ultimately win your benefits.

By the way, what reason did Unemployment give for its decision to find you ineligible for unemployment benefits? Just curious.

Thanks for your feedback too!

They said that I lied to them by trying to withhold the fact that I had the accident. The exact words are in the first paragraph of my first posting. We don't usually report every spill that happens on our table. It is our job to clean it up and continue with our service. The customer did not complain about their camera until a later date. I had no idea it ruined their camera.

How curious. If every waitress reported every accident or other "slip up" every time one happened, there would be a lot of unemployed waitresses and waiters.

Keep fighting. You'll ultimately win your unemployment benefits. Many times it takes the third level where actual intelligent people are hearing your case (hearing officers are extremely biased against employees in general and are often times incompetent in their jobs). Administrative Hearings usually allow 3 members to hear the case and most often a more fair and intelligent judgment is rendered. If your Hearing Officer ruled in favor of the employer, appeal to the Administrative Hearings Commission of Unemployment.