Employers do not make the termination of an employee personal.
One of the worst things that you can do is to try and fight the right the employees have to get unemployment when they are terminated. Now there may be times when you can take this fight, but you need to be aware that you are taking away the only way that an employee can feed them and their family. I can hear those wheels turning as you think what, this man or women was a terrible employee. I don’t want them to get a dime of unemployment or any other benefit that may be available.
Last week I got a call from one of my clients who had just terminated a problem child. In fact, this employee was a workplace cancer. The employer decided to fight the ex-employees right to get unemployment, and the employer won the case, and unemployment was denied to the employee. The employer felt really good for about a week after the termination.
After about a week after the termination, then the employer gets a letter from an attorney’s firm requesting all the time cards, and all employee files that the employee had a right to get under California Labor Laws. The employer calls me on the phone and tells me what he did. I said his first mistake was to deny the employee his right to unemployment. A few years ago it was not as convenient for employees to sue their employer. But today it seems there is an ambulance chasing attorney on every corner, and they will find something that you did wrong a high percentage of the time.
The attorney firm that contacted my client had an excellent track record at getting money from employers under conditions just like this. Too many employers today are just not in compliance with their overtime pay, record keeping requirements, payroll records, and job classification in connection with non-exempt versus exempt employee status. It will cost an employer at least $60,000.00 to defend themselves should they find themselves in an employee lawsuit that goes to court.
The fact that I just mentioned is why it is so easy for an employee to get money from their employer. The employer will find that they have to settle in many cases just to keep the cost down regardless of guilt or innocence. This client was able to resolve the case for $12,000.00. The sad part is if the employer had just let this ex-employee get his unemployment there would not have been a case to settle. Companies need to be much more aware of the risks involved in terminating an employee and take every step possible to make sure the risks involved have been minimized.
All of the above is why so many California Employers use CES Today to make sure they are in compliance. Should you have any questions we would love to hear from you; we love questions. We handle both Cal-OSHA and Labor Law Compliance. Give us a call today you will be glad you did.