Legal Question in Employment Law in California
Not Informed of Termination
My daughter was recently told by her employer that she would not be placed on the work schedule for the next week and they would call her if she would be placed on the next work schedule.The employer said she was not smiling enough, but did not indicate termination. They did not call her. She has since applied for unemployment insurance and was denied by EDD due to a discharge. EDD said she gave incorrect info or withheld info which she did not because the employer did not tell her she was terminated, fired or discharged for misconduct. EDD said the employer claimed she broke a reasonable employer rule. The employer did not inform her she was terminated, fired or discharged. Is this worth the appeal process? Is it worth persuing other ways?
Or, should she just move on?
1 Answer from Attorneys
Re: Not Informed of Termination
Your daughter should appeal and she should do so quickly. She only has 20 days from the date of the written notice of denial of benefits to file an appeal.
The appeal will cause an administrative hearing to be scheduled. At the hearing, the burden will be on the employer to prove to an administrative law judge that your daughter committed misconduct, which is a serious charge, cartainly something more serious than not smiling enough. The employer's witnesses will be placed under oath and can be cross-examined. Your daughter has the right to be represented by an attorney at the hearing.
Employees also have the right to review their personnel files and obtain copies of documents they have signed, such as performance reviews, written warnings, etc. It would be a good idea for her to review her file and get copies of relevant personnel documents before the hearing.
She may wish to consult with an experienced employment law attorney in her area, to learn more about her rights and how to conduct herself during an administrative hearing.
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