California Employment Law
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I need to know if it is o.k. for my employer to say that I am not fired, but terminated (they said this term can mean many things), while acknowledging that I am not resigning either.
I asked for what the term would be if I am not fired and not resigning, but also being told I no longer work there. Additionally, that I was denied clarification on this matter and that my request for written documentation of my job status was also not granted.
They said because I did not sign the contract I was recently given, I could not work there, even though it is not written anywhere that I need a contact to work there or has ever been mentioned before.
Additionally, I have been working without a contract for 3 months, and in a recent meeting we decided verbally if an agreement couldn't be reached I could work without a contract and just receive my same pay and sign the employee handbook, which I did.
My main concern, particularly after reading your response, is what I thought, that perhaps my employer was being explicit on not saying I was 'fired' so as to possibly avoid allowing me to collect unemployment.
I have already filed for unemployment, via online, and have other questions about the process, specifically what I can do if they try to say I was terminated for good cause and it was my fault. We have no unemployment office in San Diego and I am unsure what the process is after I filed my claim? Do you know anything about this process?
If my employer tries to deny me UI what would be my best course of action and how will I even know if they do deny it. I have tried to call the Labor dept. however the government one is shut down, and our state labor agency does not connect with a person, it is all down through automated phone service and online.