Legal Question in Employment Law in California

need help unemployment question

I'm being taken to court by my former employer because I'm recieving unemployment. I voluntarally left my job after being told I could not go to part time and that they couldn't give me my wedding day off. after my weekend off (I called in sick one day) they told me they did not want my two weeks notice and that it would be my last day. They then sent me home with 2 hours of pay. The EDD said that it counted as me being fired, so I became eligable for benfits. My employer is saying that I'm not eligable because I quit first...who's right and how do I prove what was said to me without witnesses and when the manager & asstant manager both no longer work for the company? And if anyone has any advice on going to court as I've never had to do this before, it would be very helpfull.


Asked on 6/01/05, 2:19 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: need help unemployment question

If you gave the employer two weeks notice and the employer terminates you before the notice period is completed, the employer becomes the "moving party" in the separation - thus it is a termination rather than a quit. Since you were terminated for reasons other than misconduct you would be entitled to UI. The er may claim that not working a scheduled day (on your wedding day) was misconduct - but it is not. Misconduct is a wilful disregard of the employer's interests.

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Answered on 6/03/05, 8:59 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: need help unemployment question

My guess is you are not going to "court" but rather to an administrative appeal hearing at the EDD offices. This is a more informal hearing than actually being in court but you must approach it the same in the sense that you want to act and dress appropriately.

Under California law, you can qualify for unemployment benefits if you quit your job with good cause. Your argument appears to be that you could not continue to work after being reduced to part-time, so be prepared to establish your financial condition, current bills, etc., which may be less than you get from unemployment, and the company was being unreasonable in not allowing you to take a day off for your wedding.

If you have no witnesses, you will have to testify under oath to all the specifics. Your credibility will be important, so prepare before the hearing to make sure you get out all you need to say. Prepare notes but don't read them, just refer to them at the hearing to make sure you've said what you have to say. Make sure you answer the judge's questions succinctly. Don't ramble on, nothing tries the patience of a judge more than not giving a direct answer to a question.

You also have the right to ask questions of whoever the employer brings in, so be prepared. Finally, you have the right to legal representation at the hearing, so if you are easily intimidated, or fear you cannot articulate yourself well, consider hiring a local employment law attorney. Good luck.

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Answered on 6/01/05, 4:13 pm


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