Legal Question in Business Law in California

CA Unemployment for Employees

I hired an employee (in a management position). Every week, I had a meeting with her to evaluate her performance and set goals for the following week. Every week, she did not meet the expectations. After a month, I told her that it was not working out.

Now I have a letter from the EDD asking me for information to evaluate her for unemployment benefits.

Has she earned unemployment benefits? How do I communicate with the EDD so that I am not found at fault here?

I appreciate the help.


Asked on 2/05/09, 6:43 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: CA Unemployment for Employees

As you know, to be entitled to benefits an individual must be out of work due to no fault of their own. However, in California, to NOT receive unemployment, an employee must have been fired for "gross misconduct." Generally, "gross misconduct" means a willful act that either caused, or could have caused, the employer to suffer significant injury or harm. Your best course is to respond with the form provided in a complete and truthful manner possible. EDD will decide if this employee is eligible, you can always appeal if you disagree with the ruling.

Remember, there is a 10 day response time.

If you have any further questions, feel free to contact me.

Yours truly,

Bryan

619.400.4929

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Answered on 2/05/09, 7:25 pm


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