Defending Against Unemployment Claims

Upon termination of employment, a former employee with a modicum of time in the workforce will generally be entitled to unemployment benefits.  However, what happens if you terminated the employee for a good reason, such as theft or dishonesty?  Under California law, there are two significant exceptions: 1) if the employee voluntarily quit the job, thereby voluntarily removing him or herself from the workforce or 2) if the employee was involuntarily terminated due to “misconduct.”

Unfortunately, “misconduct” is determined on a case-by-case basis, but generally can be defined as willful or wanton conduct demonstrating a disregard for the employer’s interests.  Some examples include:

• Deliberate violations of reasonable employer work rules,

• Disregard of standards that an employer has the right to expect of its employees, or

• Carelessness or negligence of such a degree or reoccurrence to amount to deliberate or willful conduct.

If you terminated an employee and are now facing an unemployment claim with the California Employment Development Department (EDD), The Labor Law Group will fight to preserve your account by demonstrating that the termination falls under one of the recognized exceptions.  Don't feel as though you have no voice in the process.  Let us stand up for your company and protect your interests before the EDD. 

For a FREE consultation with one of our professionals at The Labor Law Group, call (800) 850-3466, or use our Contact Us form today!

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