Legal Question in Employment Law in California

I am an at will employee who was terminated for looking for another job...

Will this make me inelgible for Unemployment Insurance? I made an attempt to rectify the situation and keep my job. The employer also demanded that I sign some sort of release agreement that includes a section 1542 release. I refused to sign this release. If I were to sign this release, would this have essentially stopped my ability to collect unemployment insurance because it could be viewed that I have resigned by signing such an agreement? In addition, the employer took my final paycheck off the table, and refused to give it to me because I refused to sign release. I already know that this is illegal, and that I am entitled to witholding penalties up to 30 days. Please let me know if I am still able to collect unemployment, and why they would want me to sign a release so bad?


Asked on 8/29/08, 4:52 pm

2 Answers from Attorneys
Steven Miller Steven L. MIller, a Professional Corporation

Re: I am an at will employee who was terminated for looking for another job...

You should still apply for unemployment insurance, and make a claim with the labor board for failing to pay you your last check, and penalties under labor code 203.

Read more
Answered on 9/02/08, 6:01 pm
Terry A. Nelson Nelson & Lawless

Re: I am an at will employee who was terminated for looking for another job...

You were fired. You should be able to apply for and collect unemployment unless the employer claims 'gross misconduct' by you. If they do, you can file an appeal and try to convince the judge otherwise.

Read more
Answered on 9/02/08, 6:05 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California