Anyone bring a Labor Attorney to their own review? 7

[casseopeia]

I want to. I just don't know if I should do it as a surprise, or let them know ahead of time. I can't count on the boss. The bad manager is still sore about being proven wrong and the HR weenie just goes with the side with the power. I've got no allies on the inside and want to bring in my own team and I'm willing to spend some of my paycheck to do it.

"Gorgeous hair is the best revenge." Ivana Trump

 

[casseopeia]

I've had direct experience with firing employees for cause, from the employer side. I had documentation of numerous instances of theft by one employee. I even had video. When she applied for unemployment after her termination, my company submitted the form stating she was terminated for gross misconduct. We were interviewed by the Unemployment office. We provided the proof, and yet were told that the former employee would still be eligable to collect her checks. Maybe things have changed with the economy and the unemployment office is looking for any reason not to pay. I don't know. All I know is that my direct experience tells me that the EDD does not necessarily go by the book. I guess I may find out soon enough.

The recently fired accountant said she suspected that they were trying to develop a case against her. She contacted the EDD (California's Unemployment Office) and they told her that the company has a note in their file as 'high turnover' and that they exceed some benchmark the EDD uses to determine if a firm has more than expected lay-offs or terminations. Apparently that is the case here and the EDD not only recognizes it, but they have apparetly increased what this company pays in taxes to near punitive levels. I should call the accountant and see if she is getting her checks. It's been about 2 weeks.

And if anyone out there is terminated 'for cause', never assume that you cannot collect unemployment. You may have to fight a bit for it, but in general things go the way of the employee, not the employer.

"Gorgeous hair is the best revenge." Ivana Trump

 

[looslib]

When I was terminated for cause in Texas in 2009, I was told that I would not be eligible for some level of unemployement because the company said it was for cause. I was lucky that I picked up a contract job 3 weeks after termination, so I never pushed the issue. When my contract ran out in 2010, I was eligible for the state maximum until I started my new job Tennessee 9 weeks later. My only problem with Texas was that I didn't file for 2 weeks and they would only pay from the date you file, not the last day of work.


"Wildfires are dangerous, hard to control, and economically catastrophic."

Ben Loosli

 

[beej67]

Thanks folks.

Now I get to Pink Star Cass in her own thread.

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