California Employment Law
California Employment Law Questions Answered by Legal Experts
Joseph, thank you for your patience.
My question was what CAN we do now to create closure with the employees that have just quit but not cleanly?
Last Monday we had a random drug test and:
1 - one employee walked out before she could be tested and when we went over to her apartment (300 feet away - which we rent to her) she handed us her keys and phone, but never said she quit, just says she can't handle all that's being asked of her. She has some company garden equipment at her apartment she was using to do landscaping, but we've hired someone else to do that.
2 - The other was supposed to show up the day we had a random drug test and never did and so if they do, we are supposed to march them over to the local testing lab the second they walk in the door. This employee called up a week ago and said (slurred speech) they were hiring an attorney because we should have given them a truck as part of their severance. He keeps saying he will be in in a few hours but never shows up and has some personal items in our warehouse (paint guns, rollers, brushes) that they own personally, and is claiming we have one of their photo albums.
We have already hired people to replace them, but aren't sure how to create closure AND we want to avoid a class action suit because all 3 of our recent employees that have quit are in cahoots (having affairs with each other and taking drugs).
I can post this as a new question if necessary, but it's related to the question you already answered so I did not want to type all the history again:
This same employee (that clocked out 2 minutes after drug testers showed up) just filed for unemployment citing her reason for separation DUE TO CIRCUMSTANCES BEYOND MY CONTROL NEW FAMILY MANAGEMENT AND I HAVE A CONFLICT OF INTEREST.
Even though she abandoned her job the day of the drug test 2 weeks ago and has not returned, the owner of the business (my father-in-law) wants to support her as much as possible so he says not to do anything. On the EDD claim form it says we have 10 days to respond and the only reason we wouldn't is if we don't have work for her. Are we required to respond?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).