June 2004
WIN AT WORK MONTHLY
A Community Service of
SESSIONS & KIMBALL LLP, Employee Rights Attorneys
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Win at Work |
Employee Rights Update |
WHY EMPLOYERS SHOULD NOT FIGHT UNEMPLOYMENT BENEFITS |
NEW PAID FAMILY LEAVE |
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Shortsighted employers who fight their employees’ claims for unemployment compensation may win a battle but lose the war. Why should employers at least consider not opposing unemployment claims? First, the cost to the employer of the benefit may be minimal, depending on other claims. Certainly, unemployment compensation paid to the employee does not bear a one to one cost to the employer. Second, fighting a claim is expensive. Valuable company time is lost completing forms, talking to the representative, and sending company representatives to appear at a hearing. Third, disputing a claim may negatively affect the morale of other employees, and in turn harm productivity and loyalty. Finally, arguing can backfire. If an employee seeks legal advice from an attorney on a relatively minor unemployment claim, more substantial claims for wrongful termination, discrimination, and unpaid wages may surface. So, employers, before you start a war over an unemployment claim, reconsider. The best defense may be none at all. |
Effective July 1, 2004, California employees may qualify to receive paid leave when they take what is traditionally considered family or medical leave. Under California’s Paid Family Leave ("PFL"), an employee may be eligible to receive benefits equal to one seventh of his or her SDI weekly benefit amount for each day that the employee is unable to work because of family or medical leave. California’s new PFL is designed as wage replacement benefit and is funded by employee contributions. However, PFL does not create the right to take a leave of absence. Generally an employee is entitled to PFL benefits when he or she is absent from work to care for a seriously ill or injured family member, or for baby-bonding with a minor child within one year of birth or adoption. Furthermore, PFL benefits are available for up to six weeks within any given 12-month period. Michael S. Ahmad, Attorney |
Update on our attorneys: Pat Turner’s published appellate case that he co-litigated with the attorney for the California Division of Labor Standards Enforcement has received statewide attention. Peter Taylor has had two consecutive record years as an associate in recoveries for his clients.
Look for our answers to employees’ questions in the "Life and Work Q & A" column of the Orange County Register’s "Business Monday" magazine. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ "Career Builder Magazine" and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. © 2005 by Sessions & Kimball LLP.
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