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Recent EDD questions

Can an employee on medical leave who has used up their sick

Can an employee on medical leave who has used up their sick days require the employer to pay them unused vacation days in a lump sum check.Also prior to taking medical leave when the employees sick days have been used can the employer pay them using accrued vacation days?

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LawTalk

Attorney at Law

Juris Doctor

36,558 satisfied customers
My former employee had just appealed the EDD decision and

My former employee had just appealed the EDD decision and changed her response from "being fired" to now "NRS 612.380 whether the claimant voluntarily quit with good cause""NRS 612.551 whether the employer's account is subject to charges." EDD decision was that she was not eligible for unemployment benefits.What is the best way to prove that the hygienist quit due to disagreement with office protocol and there was no good cause show why she had to quit? She had been a trouble maker since the beginning but after she quit, she became more discgruntled. The funny thing is that there is proof she is currently employed by a new office in town so why does she need to get unemployment benefits when she clearly did. Pt earn it? Please advise what is our stance as the employer

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Gerald-Esquire

Juris Doctor

6,842 satisfied customers
Looking to clarify questions regarding unemployment

Looking to clarify questions regarding unemployment insurance claims in State of California:Earnings are considered to be the following:Work performedBack pay awardBonusesCommissionHolding feesHoliday payIdle time payIn-lieu-of-notice payJury duty payPaid sick leavePensionPiece work payResidual paySelf-employmentSeverance payStrike benefitsTemporary Total DisabilityTipsVacation payVocational Rehabilitation Maintenance AllowanceWitness feesWorkers' CompensationSituation: Just got unemployed but have investment activities.I trade stocks for 5 hours a week, investing $1k then gaining $2k of profit. Technically, my investment "buy-in" ($ invested, commission fees, capital gains tax, etc.) is my expenses and my profit are my earnings. However I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online brokerage platform for my activities, correct?Taking the same idea but now with Airbnb.I Airbnb rent weekly an apartment that I have a yearly lease on, investing $1k per week then gaining $2k of profit. Technically, my investment "buy-in" ($ spent on week for maintenance, cleaning, lease payment, Airbnb fees, taxes, utilities, etc.) is my expenses and my profit are my earnings. However like the stocks in which I only am working 5 hours a week for Airbnb activites, I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online platform service for my activities, correct?I have contacted the EDD and they provided that Airbnb is treated as employment. I don't see it as employment because unlike employment I am not being given a steady wage nor working for someone else. I see it as just the same as investing in stocks or gambling. Money spent and money gained yet you don't report that. With being employed you don't spend money to be employed therefore I understand that you need to report these earnings. But for Airbnb shouldn't it not be reported if it the same process of gaining income/earnings as the stock market or gambling which aren't required to be reported?

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39,500 satisfied customers
Is my situation considered a demotion? And elimination of

Is my situation considered a demotion? And elimination of position? And will I be eligible for unemployment?I started working at my company feb 2005 as a cashier then I was slowly transitioned to an admin assistant and been doing admin. Assistant duties since 2007 until now. About 10 years. As an admin I'm getting $18.61 Now there has been a reduction in force, they laid off a few employees and offered them eligibility for unemployment ...they moved me to cashier, and they want to give me less pay ($16.11) and if I still perform some admin asst. duties they will give me ($17.11). But I need the $18.61 because I live paycheck to paycheck and every penny counts. Im a single mother with 4 young children. My oldest is 8years old. If I lose my wages I won't be able to afford after school care for my 2 elementary children and daycare for my 2 youngest. Please help. I want to get unemployment so I can stay home with my kids and look for a better job so I can afford cars for my children while I work.

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Phillips Esq.

Attorney

Juris Doctor

21,344 satisfied customers
I employed a nurse in California for 5 weeks in 2016, a

I employed a nurse in California for 5 weeks in 2016, a total of 74 hours, for which she received $2,200 in wages. I fired her because she was incompetent. She put in a claim for unemployment compensation from this job as well as another job she had. I was just informed by the EDD of CA that I will be responsible for over $1,000 in unemployment compensation. Isn't there a minimum period of time that she must work for a single employer in order to receive compensation for that employment?

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Patrick, Esq.

Doctoral Degree

19,824 satisfied customers
A recruiter, someone who presents themselves to the public

A recruiter, someone who presents themselves to the public as an entity that matches talent with the needs of an employer, normally collects a fee based on the first-year's salary when a candidate is placed. If they place someone as an independent contractor and collects their fee based on the worker's labor, it seems they are taking on the character of a staffing agency. Is this correct?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,560 satisfied customers
Thanks can I attain unemployment benefits if I have been

Thanks can I attain unemployment benefits if I have been fired for alleged conflict of interest ?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: "at will" full timeJA: Anything else you want the lawyer to know before I connect you?Customer: They violated a couple of "wage and hour" laws in california

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Patrick, Esq.

Doctoral Degree

19,824 satisfied customers
I hired an illegal and she has work for me couples year. She

I hired an illegal and she has work for me couples year. She left for pregnancy leave 8-9 weeks ago. Right after she left that i restructure the business from a sole prop to an S-Corp . She wants to return back but the reminder of my employees are legal except her. With this new structure we are word hard to be completely "clean". What are ramification if i don't hire her back.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: No.. if i hire back nothing wil happen. but if i don't i think she will got the EDD people..JA: Anything else you want the lawyer to know before I connect you?Customer: no, please.

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Ely

Counselor at Law

Juris Doctor

68,796 satisfied customers
I have been working for this company for three years and in

Hello, I have been working for this company for three years and in this time they have changed my job description several times. I was hired as a nurse on the floor to pass meds. Then I was promoted to a case management position. While I was in case management I was still asked to help passing meds in nursing. After a while the demand of two positions got to be too much. I was told by her that I would now be staying in case management and do nursing in emergencies only. I would help periodically as needed a couple times a month. I recently got a new supervisor and she has decided to place me back full time in nursing. She feels case management is more of a social workers job. In a way it's a if I have been demoted. Today I was given a new schedule and new hours and told that I would be doing nursing now again full time and case management too as needed. I took vacation last week and came back to my position being changed again. I have been having panick attacks and crying at work. My blood pressure is now up and it's hard to cope with all of the new changes day by day. Can my employer keep making changes? I have nothing in writing from them. I have an apt with my doctor tomorrow to see if I can go on stress leave. This job has drained me and left me so nervous. I have lost weight and I can't sleep at night. How do I go on paid stress leave?

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John

Attorney

Doctoral Degree

9,090 satisfied customers
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