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Employer claimed quit, employee has proof of termination California

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  • Employer claimed quit, employee has proof of termination California

    I have proof that I was fired from my employer and my employer claims that I quit my job. If my employer now turns up evidence that I was fired for misconduct, will that evidence be void? Basically, how can an employer make a statement, then once the statement becomes proven to be false, back track and make a completely different plea to EDD?

    Please read prior post.
    http://www.laborlawtalk.com/showthread.php?t=276566

    Are there penalties applied to the employer for such acts? Also, I know that there were at least 10 – 15 people who were fired while I worked there who were filed as ‘quit’ and not eligible for unemployment; including a poor girl who was not very attractive and was let go for that exact reason.

    Could these people be issued retroactive UI payments based on my evidence of negligence an absolute misconduct by my previous employer?

  • #2
    Only the state is able to decide eligibility of UI benefits. If the employer has a reputation of employees making claims they were fired, but the employer states they quit, it seems reasonable that the state is going to discover the trend.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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