California Employment Law
California Employment Law Questions Answered by Legal Experts
Hi Doug, it says status waiting for you, at the top. I don't know what happened but I responded, now I am waiting for your response, would you please respond ASAP thank you.
Hi Doug, I am still waiting on your response.
Thank you for answering, my response was:
I have copies of my final checks which reflect my regular and accrued vacation through 12-28-12. I also have a signed copy by the HR Manager titled Notice to Employee as to Change in Relationship reflecting I was laid off effective 1-2-13
Doug please confirm receipt of my response.
Doug it seems like this is not working - can we communicate through the e-mail instead - i would need to cancell this - it's not working
Thanks for your information, and for your patience.Well, based on documentation that you have, you certainly have proof that you were laid off, and that proof will be acceptable to EDD in the event that your employer--or the trustee---attempt to claim that you voluntarily resigned.Based on the facts, and the evidence you have possession of, I do not see any issue with you receiving your unemployment benefits. You appear to fully qualify.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.I wish you the best in 2013,Doug
Thank you Doug for your response. One last question.
At this point the trustee has my vacation check. He told me to make a decision this weekend and let him know. Basically he want me to say I want my vacation pay which he said will result in quitting or I show up. Basically I think they are toying with me. And my decision is to respond to him saying I did not quit but was laid-off and to mail me my vacation pay. Do you feel this resolve the matter and will not affect my unemployment benefits. thank you again.
Hi Doug my other question to you is, regarding the trustee:
He basically told me that as far as he was concerned I am not laid off and that the day that I was not there jan. 2, 3 & 4 he mentioned that I abandoned the company. I objected to that and stated again that I was laid off. Due to the conditions under the trustee being there it's intimidating and uncomfortable and chaotic.
I was told one thing I took financial mesasures based on being laid off and now the trustee wants me back. What do you suggest?
Doug, thank you for your excellent advice.
I feel that I was mistreated by them holding my checks until Friday instead of giving them to me on Wednesday. I was not notified, I showed up at work. The trustee was not there, I had to go see the trustee at his office, which then he had me make a written statement before he would sign my paycheck. He stated I abandoned the company for three days. So my final analysis is that they toyed, lied, intimidated, unfairly accused me and that to me created a hostile, stressfull work environment, I cannot work under those conditions regardless that he wants me back, I think I am within my rights. Please advise, thank you again.
The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.
Thank you for your time Doug.
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