Ok, I am available and on line
Unless you have a written contract of employment with your employer, you are probably considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical office politics which can be so troublesome. In California, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal or discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.
However, the fact that nothing was found against you in the investigation, coupled with the fact that they told you that you could tell future employers that you quit, does NOT absolve them from paying you unemployment insurance. You are not obligated to tell EDD that you quit.
Fight the decision to deny you benefits. I believe that you have a meritorious claim for unemployment benefits.
Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.
Best regards,
Doug
I received a form to fill out, it wants me to state why I do not agree with the statement" my employer said employee quit". should I just plug in response from above?
My suspension was for 2 reasons, 1)letting hourly employees drink on clock...which is false, I have termed 1 manager and 3-4 employees for this act in the previous 6 months. The culture before I got there was employees were allowed to drink and the female cocktailers encouraged by owners. 2)Excess amounts of comped/voided food/drinks, I had a ticket for $400 that I had comped because the guest (regular) was hesistant to use his corporate with alcohol on his tab, would come back in the next day or so to settle. This is common practice and I have done it before. No foul play was determined.
The manager and employee who voiced that I let them drink are both anti-model employees, one had been termed twice before and the othe has 4-5 document write ups in his file and is on his final notice.
So short and sweet, " you did not voluntarily quit my job.", that is it?
No more no less. Thanks a million.
Attorney
I have 25 years experience in the practice of law.
I have the appeal form in front of me, it states the following on why I am being disqualified from benefits.
... you are not eligible to recieve benefits under California unemployment insurance code section 1256 beginning 01/11/09 and continuing until you return to work after the disqualifying act and earn $2250.00 or more in bona fide employment, and you contact the above office to reopen your claim.
you quit our last job with your employer rather than be discharged. Because the employer relationship was terminated at your employers request, the separation is considered a discharge. The reasons for the discharge meet the definition of misconduct connected with the work. After considering availible information, the department finds that you do not meet the legal requirment for payment benefits. Section 1256 provides, an individual disqualifified under section 1256.
Can you help me with this?
I researched "section 1256" and it has to do with drugs and alcohol. Just like I stated before that I had let employees drink, etc. So I will just simply state
I did not voluntarily quit my job.",