October 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 |
EASY UNEMPLOYMENT BENEFITS |
LESSER KNOWN RIGHTS FOR TIME OFF |
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"I was fired, so I can’t get unemployment benefits." This is a common misperception I often hear from clients. It’s too bad, because many of these workers may be unwittingly failing to claim thousands of dollars of unemployment compensation. Certainly layoffs are the traditional means by which terminated employees qualify for this money. However, the determining factor is whether or not the employee has lost the job due to "intentional misconduct." This does not include negligence or performing poorly. The offense has to be intentional and rise to the level of actual misconduct. There is a high burden of proof for the employer who seeks to deny unemployment benefits. If the employer can show it warned an employee about a certain action and the employee subsequently violated that policy, the employer might win the battle. Otherwise, victory and its financial rewards go to the employee. So claim those benefits waiting for you. You’ve earned them. |
Employees may take time off for many reasons. The federal Family Medical Leave Act and the California Family Rights Act allow up to 12 weeks of leave because of illness, to care for a family member, or baby bonding. Pregnant employees may qualify for California’s Pregnancy Disability Leave. California’s Kin Care Law allows employees to use half of their sick days to care for their children. Employees may also be entitled to unpaid time off for military service, voting, court appearances, and participating in parent-child school functions. Employers may also have to offer time off to volunteer rescue personnel, victims of violent crimes, as well as accommodations for rehabilitation, literacy programs, and break time in a private area to allow nursing mothers to express milk. Many leave protections depend on employer size. For more information, employees can contact the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement, or an employment law attorney. Michael S. Ahmad, Attorney |
Update on our attorneys: Mediations continue to be very effective for our attorneys. In the cases in which mediation is used, there is usually a 90% success rate. In the last month, almost all of our attorneys have used mediation in many cases with good results.
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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