My question involves labor and employment law for the state of: California
Is an Employee eligible for UI if he/she gave 12 days notice and management took the employee off the schedule? The employee also has another job and is a full time student.
My question involves labor and employment law for the state of: California
Is an Employee eligible for UI if he/she gave 12 days notice and management took the employee off the schedule? The employee also has another job and is a full time student.
Not in CA. The employee is almost assuredly going to get the whole enchilada.
CA doesn't do multiple adjudications on a separation (NY will. Maybe a lot of other states too. States like AZ, TX, and WA work on number of days.). In essences, what your position is that the employee was fired 12 days before he quit. CA will only look at what happened on the day of separation, and then stops. Doesn't matter if the claimant was going to quit in the future. The cause of the separation is now a discharge, and only if the employer proves misconduct will the claimant be denied, and "quitting" alone isn't misconduct. The employer is going to have a tough time now.
http://www.edd.ca.gov/UIBDG/Voluntar...oEffectiveTime
"When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss."
The employer just turned a "quit" into a discharge.
However, this is huge problem. The school can render the claimant not "able and available," and the other job might cause excess earnings where the claimant gets no UI payments. However, on the reason for the separation, it's a valid claim. If you're on summer break from school, you might still get partial UI until school starts in August assuming you're on that kind of schedule.
Was the employee on the schedule before resigning? Was the employee paid for that time, despite being off of the schedule? (We can assume not, but I would rather have the facts.)
This is a new job, or was this person working two jobs (at least one of which was full-time) while also taking courses as a full-time student?Quoting nee530