If I was put on forced unpaid leave for an indefinite duration, will I be denied unemployment benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was put on forced unpaid leave for an indefinite duration, will I be denied unemployment benefits?
There is/was an investigation pending involving my subordinate in which she was claiming mistreatment/retaliation against her by me. She has also made many claims over time against other employees. During the investigation, 6 co-workers expressed fear for their safety from this person to me and to hour. She was then placed on leave to remove her from the workplace. I was reprimanded for discussing the employee with co-workers and changing the locks in response to their and my fear. I told them that I didn’t mean any harm and was trying to do the right thing. The next day I was placed on
Asked on June 8, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you were fired for "cause", then you can be denied unemployment. When an employee is terminated for cause they are fired from their job for a specific reason. Such reasons include, but are not limited to, insubordinaion, stealing, lying, failing a drug/alcohol test, falsifying records, fraud, disclosing confidential information, deliberately violating company policy or rules, and other serious misconduct. If your employer claims, and can prove, that you were fired for cause then you can be denied unemployment bebfits. And if your actions constituted a breach of company policy, then they have cause.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.