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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4880
Experience:  Extensive experience representing employees and management
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I am in California and my employee calls in.

Customer Question

I am in California and my employee calls in due to her daughter being sick. She did not show to work for three days. She has done this a few times last month also. What are the legal issues with regards XXXXX XXXXX or terminating her for that ? I do not have a sick leave policy at the work place. This is a small business with 2 employees. She did call me eveyday to inform me about the matter. I suggested her that if she can take the child to the doctor and find someone to take care of her child and she can come to work.Thanks.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Since you have fewer than five employees, you are not covered by any of California's leave programs or the FMLA, so the employee is not protected from termination for absences due to caring for her daughter.

You are free to terminate this employee for absenteeism, or for any reason, since as an at-will employer, you can terminate an employee for any reason (or none at all) with or without any prior notice.
Customer: replied 1 year ago.
Will the termination give grounds for her to apply and get disabily because that can increase my insurance rate? If I have 5 employees in the future and 1 of them is a part time , will the FMLA or any California leave program apply. Thanks.
Expert:  Joseph replied 1 year ago.
No, there is no California disability insurance available for employees to care for their relatives (including children), other than maternity leave.

Yes, if you have five employees in the future, you would be required to comply with the California Family Rights Act, which provides for leave for employees to care for a seriously ill family member or bond with a new minor child.
Joseph, Lawyer
Satisfied Customers: 4880
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry i wanted to ask , will she be able to claim uemployment benefits if terminated. Thanks.
Expert:  Joseph replied 1 year ago.
She would be very unlikely to be able to claim unemployment benefits if terminated if you have documented her absences.

It would also be very helpful if you have given her prior written warnings regarding her absences and have informed her that any further absences could result in her termination, although this isn't necessary, it would ensure that she wouldn't be eligible for unemployment benefits.

Customer: replied 1 year ago.
Thanks
Customer: replied 1 year ago.
Hi Joseph,
I gave a verbal warning to this employee saying that it is unacceptable and the next day she came and left the office key on my office desk and went home without even informing me. She did not contact me for the entire pay period of two weeks following which I sent her a final check. She then immediately filled for unemployment benefits. I received a notice from the EDD saying that I have certain amount towards unemployment benefit account and that she is eligible for about $175/ week unemployment ,amount not exceeding around $4500. Her reason was that she was not able to find a baby sitter. She worked 4 days a week , has been very tardy in her attendance and made gross mistakes in handling accounts. We helped her by covering her for days that she would call in and would come in late frequently. It was hard for us to train her and after one year of employment it was difficult to run the office with me and my employee only. It was also difficult to hire a new employee and train her. I have a documented tardy attendance of her. Even my other employee says that if there would have been an another employer , she would have been fired a long time ago. Now in the EDD letter it gives me the option for ruling. Should I state that she voluntarily quit . Should I opt for part time ruling? What do you think is the best way to reply for a ruling to the EDD? Thanks.
Expert:  Joseph replied 1 year ago.
Unfortunately, since this is a new question, due to the rules of the site you need teo ask it in a new question. You can request me by writing 'to Joseph' in the beginning of your question.

Customer: replied 1 year ago.
To Joseph. New question.


Hi Joseph,
I gave a verbal warning to this employee saying that it is unacceptable and the next day she came and left the office key on my office desk and went home without even informing me. She did not contact me for the entire pay period of two weeks following which I sent her a final check. She then immediately filled for unemployment benefits. I received a notice from the EDD saying that I have certain amount towards unemployment benefit account and that she is eligible for about $175/ week unemployment ,amount not exceeding around $4500. Her reason was that she was not able to find a baby sitter. She worked 4 days a week , has been very tardy in her attendance and made gross mistakes in handling accounts. We helped her by covering her for days that she would call in and would come in late frequently. It was hard for us to train her and after one year of employment it was difficult to run the office with me and my employee only. It was also difficult to hire a new employee and train her. I have a documented tardy attendance of her. Even my other employee says that if there would have been an another employer , she would have been fired a long time ago. Now in the EDD letter it gives me the option for ruling. Should I state that she voluntarily quit . Should I opt for part time ruling? What do you think is the best way to reply for a ruling to the EDD? Thanks.
Expert:  Joseph replied 1 year ago.
Sorry, to clarify, you have to open a new question, not respond in the current question with 'new question.' Thanks again!

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