Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back to correct an overpayment of wages. But what if you discover you’ve accidentally overpaid an employee?
It’s not a back
Continue Reading No Money Back Guarantee!
Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. Although these various items may seem simple, failure to correctly provide them can lead to more than a few regrets for employers.
On an employee’s last
Continue Reading When The End Is Near for Departing Employees, Don’t Do It Your Way
Seyfarth Synopsis: The ordinary headaches of responding to unemployment claims with the EDD do not have to bog down employers in 2018. Here, we provide recommendations for managers to consider before the ball drops in Times Square this New Year.
’Tis the season to be jolly, sing holiday songs with family by the fire, and aspire to reach new
Continue Reading Don’t “Shoot Your Eye Out” Defending Unemployment Benefits Claims
Seyfarth Synopsis: Countless California employers have found that veterans make outstanding employees. As we approach the Veterans Day holiday, read on for a list of the benefits of hiring veterans, as well as helpful resources for veterans seeking employment. We further discuss some state and federal job protections for employees who are in the military.
Why Hire a Vet?
There
Continue Reading Happy Veterans Day! Celebrate the Benefits of Hiring California Veterans
By Michael Wahlander and Charles O. Thompson
Last week, California’s Employee Development Department (“EDD”) released California’s most recent unemployment figures, for March 2014 (8.1%) (See here). This number remained unchanged from February 2014 and was a decrease from 9.2% in March 2013. While these numbers seem encouraging, it still means that many Californians are out of work. This got us thinking about a common predicament facing employers, whether or not to appeal an award on unemployment benefits.
You’re fired! That’s good-bye, right? It is a situation that employers often face — finally reaching the last straw with a problematic employee, terminating him for misconduct, breathing that sigh of relief, and then receiving notice that the same employee filed a request for unemployment benefits with the EDD (See here). In response, you fill out a notice with the myriad reasons this guy couldn’t remain employed, with full confidence he won’t get any benefits based on his nefarious deeds. But lo and behold, the next thing you know, here comes a surprise notice from the EDD: “Please be advised that the EDD has awarded your former employee, Mr. Slacker Uptonogood, unemployment benefits!”
So what’s your next move? Once the steam leaves your ears, you have the option to appeal the ruling (See here). Alternatively,
Continue Reading The WORST Former Employee Just Got Unemployment Benefits – Should I Appeal?