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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hello, I own and run an ice cream ship. I have 8 part time

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I own and run an ice cream ship. I have 8 part time employees. I need to hire one 2 more part time employee for only 2 weeks. During those 2-3 weeks, this new employee will give free sample of ice cream to customers passing infront of our store. If this sampling increases our sales, I will keep this employee else will need his services and need to terminate his employment.

My issue is, after I terminate the employee. s/he may file Unemployment Insurance which may increase my UI premiums.

I know in advance that it is a temp position for now, WHAT WORDING SHALL I INCLUDE in job description and employment contract, so that this part time employee can't file UI Insurance after her/his services are terminated after 2-3 weeks?

Hello Kumar,

Unfortunately, there is no wording in the job descrition and employment contract that you can put in that would prevent one of the part time employees from filing for unemployment insurance after his or her services are terminated after 2-3 weeks.

It's a good business practice to be upfront with employees on how long their service will be needed, but it is extremely unlikely that a part-time employee with you for only 2-3 weeks would qualify for unemployment insurance through earnings, unless he or she had a previous full-time job.

Even if they would file for unemployment insurance benefits, it's highly unlikely that there would be any increase in your premiums, since the previous employer would bear primary responsibility (in their premiums) for the unemployment claim.
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