Your employee may have quit voluntarily, but the facts can be twisted, and you could face repercussions if the employee claims that you provided an unsafe working environment, or that he or she felt forced to leave due to discrimination, sexual harassment or similar situation. At our firm, The Law Offices of Cyrus Mor, we are prepared to protect you and your company from legal threats from employees. A worker that quits does not have the right to get unemployment insurance.
Addressing Voluntary Quits Correctly - Protect Your Company
There are certain issues that could create real problems for an employer, including an employee who voluntarily quits, and then pursues UI benefits, making claims about your company. There are also some issues that could arise when an employee terminates employment by leaving work, not through discharge, or for being laid off due to lack of work. When the duties of the worker are suspended but the relationship between employer and employee is not officially terminated, such as a leave of absence or suspension, these matters are addressed in specific manner by the EDD. The basis of the suspension of the employee will be the deciding factor in whether UI benefits will be paid.
In a case in which the employee claims to have been fired, but actually quit, there can be problems for the employer in proving this fact. It is important to have protections in place for when an employee quits, so that this problem does not arise for your company. If it has, there will be a determination about the payment of UI to the employee who quit. We can help you resolve these matters so that you are not hit with unnecessary costs.
Contact our firm for information about voluntary quits and UI claims from employees who have left your company and later allege that he or she was fired, or were in an unsafe workplace.