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Unemployment Eligibility

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Crispix

Member
I'm a California small business. I recently let a salesperson go due to declining performance, poor sales, and failure to improve after two warnings, each a month apart.

I received the call from the EDD, and explained the circumstances. We kept detailed notes about the warnings, etc. EDD guy asked us to fax some supporting documents, and I told him that I did not expect to contest the claim, and perhaps I could speed up the process by just conceeding to the circumstances so the former employee could receive his benefits. There was no misconduct in my eyes, just really poor performance and a failure to improve.

EDD guy said, "ok, I'll just call the former employee and confirm with him."

Well, it turns out that the employee must have agreed with everything I said, including the reprimands and performance problems, because his claim was denied! Having me say I would not contest the claim had no bearing on the matter.

This former employee is of a litigious nature, and I have a feeling this ruling may cause more harm than good. It just might put him over the edge and try to make a lot of trouble for us.

Questions:

1. Is the EDD decision normal? I thought gross misconduct was the only reason to deny a claim, and I still don't think that's the case.

2. Should I do anything? I'm not sure if it is better for me to contact the EDD again, or to simply wait and see if he appeals. I can't imagine he'll just let this go.

Thanks.
 
Last edited:


cbg

I'm a Northern Girl
While it is unusual in my experience for a claim to be declined on the basis of poor performance, it's not unheard of either. I've also had claims declined when I didn't contest if the DUA (our version of the EDD) decided that the circumstances do not qualify for benefits.

I don't know on what basis the employee could litigate. YOU did not decline his benefits. The state did that. And you have a legal right to contest (even though you didn't); just as he has a right to appeal. THAT'S his recourse - not litigation.

No, there's no need for you to do anything.
 

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