Recent Posts in Unemployment Benefits Category

  • One of the common mistakes that employers make is terminating an employee right after their FMLA leave is exhausted without inquiring whether that employee might need an extension to their medical leave due to their medical condition. Under the ADA and FEHA (California Fair Employment and Housing Act), a qualified disabled employee may be entitled not only to medical leave but he may also be ...
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  • Effective 1/1/2014, a new, significant amendment to the California Labor Code 1102.5 whistleblower anti-retaliation provision will take effect. Until now, section 1102.5 prohibited any employer from making, adopting or enforcing any rule or policy precluding an employee from disclosing certain violations to a state or federal agency. According to the new amendment, the employers will now be also ...
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  • Recently, I handle a number of cases where the employer presented an employee with a choice of either resigning and accepting severance or being issued a final warning or being terminated. The employee usually chooses to resign to avoid having the termination mark on their record. When he applies for unemployment benefits, the EDD determines that that employee did not have a good cause for ...
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  • Every now and then I talk to an employee who was subjected to one or more of kinds of discrimination or retaliation at workplace and chose to quit his job and/or submit resignation. Often the environment that lead the employee to resign was not sufficiently severe and pervasive to constitute a constructive discharge leaving that aggrieved employees with no remedies. Since he/she wasn’t ...
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  • The Ninth Circuit case McAlindin v. County of San Diego is a case of great help to those employees who have been diagnosed with and suffering from anxiety disorder and panic disorder. In that case, the employer first argued that the employee’s condition wasn’t a protected disability within ADA because it didn’t substantially limited an employee’s daily life activities, as ...
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  • Constitutional Protection of Public Employee’s Job in California

    || 18-Sep-2010

    It is often considerably harder to pursue a wrongful termination action against the employer which is a public entity / government agency than a private company due to a number of privileges and immunities that may reduce or even complete insulate a government employer from liability. However, at the same time, public employees also enjoy certain protections and have a number of important rights ...
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  • Suppose you are a non-exempt employee (i.e. employee who is entitled to overtime) who was ordered by his employer to attend a training class in another city or another states, which requires you to take long drives or overnight flights to the training destination outside your work hours. Should you be compensated for that time? Many employers include in their policy (employment handbooks, ...
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  • California Medical Leave Law: FMLA / CFRA Certification Requirements

    || 26-Aug-2009

    Under FMLA (Family Medical Leave Act) and its California counterpart – CFRA (California Family Rights Act), the employer may require the employee to submit a certification by the employee’s health care provider, which “shall be sufficient if it includes all of the following: (a) the date on which the serious health condition commenced; (b) the likely duration of condition; and ...
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  • Misconduct and Appealing Unemployment Benefits Denial in California

    || 17-Jul-2009

    It is not uncommon for an employer to fight the terminated employee’s right to unemployment benefits, especially if the termination was contentious and involved personal animosity. The law is clear that the otherwise eligible employee can be only disqualified from benefits if he voluntarily quits or if he was terminated for “misconduct.” There is usually no dispute over whether ...
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