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