In California, what happens when a company is audited by the EDD?If the Employment Development Department performs an audit on your company, usually they are searching for misclassifications of employees. If the business is found to have withheld taxes that should have been paid out, the EDD can seek to recover the tax-related withholdings as well as impose harsh penalties. Unemployment and state disability insurance payments, employment training, and personal income taxes are all withholdings that are generally paid out by an employer.
An employer runs the risk of serious penalties if they are caught paying their employees cash or listing their employees as independent contractors when they are not. If the EDD comes to your business and finds a situation such as this, it is highly probable that you will be facing penalties and charges. To learn more, you can read this article.
Can you file an appeal if the EDD denies unemployment benefits? Employee was told that they broke a reasonable employer rule, which didn't happen.If you think that you have enough evidence to prove that you had done nothing to warrant termination, you can request an appeal. When you go to your hearing, you can give an in depth recall of the events that lead to your dismissal or you can give a statement that is short and to the point. The choice is up to you. The more evidence that you offer, the better chance you will have of receiving unemployment benefits. However, a short version could also be enough to show the EDD that you are innocent of the accusation. If the EDD finds that you broke the employer's rule, they have to prove that you broke the rule with intent or misconduct before they can refuse your UI. Usually, it will take more than a slip up on your part for the EDD to find your termination reasonable.
If a person reports the days that they were paid instead of the days they actually work, and are overpaid by EDD, can they get into trouble for being honest?Generally, what you will need to do is explain to a judge that you were not trying to commit fraud with the EDD, but you were simply reporting the weeks that you received a check for the work that you did, due to long lapses in pay from the employer. You need to explain that the work you were doing did not pay regularly like most jobs do and it was creating a financial hardship, but you did claim the money as you were paid versus weekly. Due to the way you claimed your wages, it also caused an adjustment in your unemployment for the week. Because the law requires that you list any earned wages for the week, you will need to clarify that you would receive wages every six weeks instead of weekly or bi-weekly.
When going to an appeal hearing for an Unemployment Insurance denial, why would a judge try to determine if someone was fired due to misconduct when the reason was unsatisfactory job performance?Usually, the judge looks at the situation in order to rule out any misconduct on your part that may cause denial of unemployment benefits. If the judge finds that you intentionally performed an unsatisfactory performance in order to be terminated, you probably would not be allowed to receive unemployment benefits. However, if the judge finds that you were just unable to meet the demands of your job at no fault of your own, you would more than likely receive unemployment benefits.
In California, can a person appeal a UI claim by EDD? If a person is forced to quit due to racial slurs, denied lunch breaks and forced to commit fraud.Usually, a situation like this would be called a construction termination. This means that an employer makes the employee's work environment so uncomfortable, the employee is forced to quit their job. In this situation, your rights were being withheld. One of California labor law requirements are as follows:
No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, §11040.
If you work in California, more than likely you have dealt with the EDD. Many people are unaware of the impact the EDD has on the workforce in California. If you find yourself in a situation that requires information related to the EDD, you can ask the Experts on JustAnswer. The Employment Experts can explain how the EDD works and help you find a solution to your individual situation.