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Terminate?
03-20-2007, 04:38 PM
My former employeer fired me one week ago today I have not recieved my final pay. Today I recieved a check for the final 3 days I worked but not for the previous 3 weeks that were owed to me. I have contacted my employee regarding payment of the penalty without filing a claim but need clarification on what I am entitled to before I settle. In the past 7 days were I still employeed I would have worked 5 days, however the business is open 7 days a week. Am I entitled to 7 days of penalty payment or only 5 at this time?

Villain
03-20-2007, 05:13 PM
7 days. Waiting time penalties accrue everyday regardless of wether or not you would have worked. This includes weekends and all holidays.

Terminate?
03-22-2007, 12:50 AM
I hope I am being paranoid. But I agreed verbally to a settlement with my former employeer. I have agreed to sign a document that I will not take further legal action on this matter. But I have reason to believe they will ask me to sign that I will not take further legal action, period. I am filing for unemployement benefits and do not want to get myself in trouble. One of the owners tends to take things presonally and could try to block my unemployement. Should I sign?

BSPCPA
03-22-2007, 04:11 AM
My former employeer fired me one week ago today.... One of the owners tends to take things presonally and could try to block my unemployement.

FYI - If you were terminated for cause, you are not eligible for unemployment.

Terminate?
03-22-2007, 09:29 AM
I was originally told by him I could apply for unemloyment. I was not given a reason for my termination - but it stems from my request not to participate in a portion of their business that I had ethical conserns with.

What I am most concerned about right now is, would signing their document prevent me from fighting for unemployment benefits?

Pattymd
03-22-2007, 11:49 AM
Nope. Generally speaking, any agreement you sign where you waive your rights to file for unemployment would be unenforceable anyway.

MyJobBlows
03-31-2007, 03:02 PM
FYI - If you were terminated for cause, you are not eligible for unemployment.

Not necessarily. It is generally subjective to what the cause for termination was.

BSPCPA
04-01-2007, 01:13 PM
Terminate: My former employeer fired me one week ago today

BSPCPA: If you were terminated for cause, you are not eligible for unemployment.

MyJobBlows: Not necessarily. It is generally subjective to what the cause for termination was.

The axiom, terminated for cause, is a legal term that relates to an employee being fired for violating a legal company policy, stealing, insubordination, and related types of misconduct. If an employee is terminated for cause, he/she absolutely is not eligible to receive unemployment insurance benefits pursaunt to the express terms of:

CA Unemployment Insurance Code 1256
An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work.

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