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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19773
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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My son was recently terminated from s job. He has been on

Customer Question

My son was recently terminated from his job. He has been on this job for 6 years. Recently the company brought in a person (manager). For the last 8 months, it seems that this person was out to get him. This is a car dealership. The employer stated that he was terminated because he didn't provide the correct information on a contract (all contracts are recorded). The reason on the termination paper is that he did provide this particular information at all. My son asked to hear the recording, but the employer said that he didn't have time. My son does not know what the exact information they are using and it is very confusing and vague. He is in the process of finding a lawyer to see if he can file a wrongful termination suit. While in this process, can he file for unemployment? And, from what I have written, does this termination fall under "wrongful termination?
Submitted: 5 months ago.
Category: Legal
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question. In order to assist you I will need to know what State your son was employed in. Also, just to confirm, there is no union contract involved here correct and also, why does your son think he was terminated if not for the stated reason?

Customer: replied 5 months ago.
My son is waiting to be contacted by a lawyer. My main question, which was not answered is can my son apply for unemployment?
Customer: replied 5 months ago.
California. Are you going to answer my question. I have used this site before with excellent service. But, having a problem now. Can anyone answer my question. Can my son apply for unemployment benefits having been terminated for a reason of which it is vague to him?
Expert:  Marsha411JD replied 5 months ago.

Alright, well you asked other questions, so that is why I needed the information I asked for. But, since I don't have that information, I can only answer the one question you are now seeking information on. Yes, he can apply for unemployment benefits. However, his employer may dispute his eligibility if they say he was terminated for "cause." If so, then your son can appeal a denial of UI benefits by the State. Upon appeal, his employer will have the burden of proof to show that he either intentionally, or through gross negligence, violated a Company rule, procedure, etc. If they cannot carry their burden of proof, he will be approved for UI benefits.

Just as an aside though, that determination have nothing to do with whether there is a wrongful termination claim as the law is different for unemployment benefits versus termination law.

Please let me know if you need any clarification. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today.

Customer: replied 5 months ago.
Not sure what you mean by "that determination have nothing to do with whether there is a wrongful termination claim as the law is different for unemployment benefits versus termination law." He feels that he was wrongfully terminated. He is planning to file a wrongful termination claim again his former employer because he doesn't want to have a termination on his resume. He is mainly concerned that he will not be able to get unemployment.
Expert:  Marsha411JD replied 5 months ago.

Thank you for your reply. All I mean is that a positive result with the CA UI Commission, doesn't mean he has a wrongful termination case. Again, different legal issues. But, he definitely can and should apply for UI benefits. As for the wrongful termination, since you didn't ask that question of me, I haven't addressed it. If you want me to discuss the general law as it relates to wrongful termination, I can, just let me know.

Customer: replied 5 months ago.
Thank you for answering my question. I would like to know if he does have a case. His employer stated that he did not state the contract information correctly to the buyer. All contracts are recorded. He asked to hear the recording and the employer said that he didn't have time. The information on his termination form is stated differently. It states that he did not read the information at all. The other employees in the office have been texting him because they know that it was wrong, but VERY AFRAID of losing their job. There is one employee, who is trying to get the recording for him without the manger's knowledge. He is worked there for 6 years without any problems.
Expert:  Marsha411JD replied 5 months ago.

Thank you. I will assume he was not in a union. In California, like most states, employment is "at will" unless there is a contract that states otherwise. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning. The only other exception to that right by the employer is that they cannot target the employee for termination simply because of their race, national origin, age (over 40), gender, religion, disability, pregnancy or military service. Otherwise, the employer can be as arbitrary and unfair as they choose in terminating an employee. Doesn't necessarily make it right, but it is legal.

That said, if the employer were to make a false statement of fact to a prospective employer in the future, that interferes with your son getting a new job, he might have a defamation of character cause of action against them at that time.

Customer: replied 5 months ago.
Thank you. Just one other question. What is "just cause"? He is California, and not in a union. I have to leave now, but will get back to this inquiry later.
Expert:  Marsha411JD replied 5 months ago.

You're welcome. Not sure though what you are referencing with the term "just cause," can you clarify that?

Customer: replied 5 months ago.
I would like to finish this conversation as soon as possible. Please answer my main question. Can my son apply for and receive unemployment benefits. Or, can his former employer block it. Thank you.
Customer: replied 5 months ago.
The above three two questions were not answered: "what does just cause mean" and the one previously regarding unemployment benefits. I will wait for those answers before providing a rating and closing out. Thank you.
Expert:  Marsha411JD replied 5 months ago.

I did answer your question about unemployment benefits. I would kindly ask that you go back and review where I addressed the issue twice yesterday and answered in the affirmative both times. Again though, as to the question you have about "just cause" I still need to know where you are getting that from since it was not in my response.

As an aside, we do not work 24/7 and when we do choose to work (we don't work for the Site) we may be assisting other customers, so I would ask for your patience when you do respond. Thank you