My employee was fired in May 2006 for theft. She had a 24K salary, got all the $$ & filed for unemployment?

Question

Is it legal for her to claim unemployment? She got her full yearly salary of 24K and was fired for theft. We are in California.
Should I report her for unemployment fraud? If so, how do you go about doing it in the state of CA.?

Answer 1

If she filed for unemployment in California, you (the employer) will be getting a notice from the EDD (Employment Development Department) notifying you of that. You'd be given the opportunity to contest the filing by stating what the true reason for her dismissal. The reason they ask is because your unemployment insurance rates go up slightly to the extent you've got folks making claims. It often times doesn't make sense to contest unemployment claims because it can be a big red flag in front of the EDD (in case, for example, someone who was a contractor at your firm filed for unemployment which they theoretically shouldn't be entitled to). However, in your case, I say contest it.

Answer 2

Did you receive unemployment paperwork regarding her filing for unemployment benefits? Usually when an employee files for unemployment it will be charged to the employee's base employer? Was your Company charged as the base employer? As an employer I have dealt with unemployment benefits in eight different states... Unfortunately not California. However, the similarities in all the States... The employer being charged will receive notification that an employee is filing for benefits. This is an opportunity for the employer to agree or disagree with the filing. Also when the employer is notified they are usually required to submit the ending wages for the last week worked and any holiday, sick, vacation, and/or severance wages paid. As a general FYI... If an employee voluntarily quits their job or were discharged by their employer, the State Employment Services would make a formal decision on the benefits eligibility. They get information from both the employer and the employee. Both the employee and employer will have an opportunity to rebut each other's version of the separation. Following that, they will issue the written decision. Overall for termination of employment it is the Company that has to provide the burden of proof. There have been cases over turned because adequate documentation was not provided to support the termination… Doesn’t mean that the termination wasn’t justified but it wasn’t adequately proven to deny benefits.

If you seriously question the validity of her unemployment claim then reference the California Employment Development Department... This is the link on reporting fraud http://www.edd.ca.gov/uirep/de2360tf.pdf. I recommend that you do... Just considering the cases I have dealt with and the things people try to get away with.

Answer 3

Here in Illinois--and I can't imagine California is much different, theft is one of about a dozen offenses that unemployment comp can NOT be claimed. I am assuming you are at the point where you have received your notice from the Unemployment office that she has filed; Now you have to appeal her benefits and state why.

If you don't feel comfortable with this you may want to consider an attorney that REPRESENTS EMPLOYERS. It could be well worth it because if you lose this case it, if like Illinois again, stays with you for years.

Answer 4

I wouldn't think this would be fraud. I don't know California rules on this but typically if someone is 'terminated with cause' the employer can appeal her unemployment claim. However, if you just fired her and did not file a police report you could have a difficult time proving she did anything wrong and you'll be stuck paying unemployment.

Answer 5

supply this info to the Department of Labor when she files and they will have to determine if she is eligible. Fired for theft is NOT "losing a job thru no fault of your own" (which is the only reason unemployment benefits are granted in GA). She stole, thus she was fired for stealing, her fault. Even if she files, you should be given the opportunity to reveal under what circumstances she was terminated. I dont think there is a need to report her for fraud, since you will be contacted. Just tell them why you fired her. Theres no WAY she will get a dime.

Answer 6

Did she get the $24K for work she performed? If so, as far as I know she can collect unemployment.

Answer 7

She can still get unemployment as long as she has been the 6months to a year.

Answer 8

did you give her papers saying she was laid off or fired? and how would you know this unless you were the person filing? being a boss you should know who to phone, i know i do here and i'm only third in line to be boss.

Answer 9

press criminal charges against her and she will not be able to collect unemployment