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Think Twice Before You Contest Unemployment

By Nancy Yaffe on May 25, 2024
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Conceptual hand writing text caption showing You Are Fired. Business concept for Unemployed or Discharge written on notebook book on the wooden background in Office with laptop coffee

It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends.

If the employee has resigned, and you have a clear and unambiguous resignation letter, then sure. It makes sense to submit the resignation letter and contest it.

But what if the resignation letter also says a bunch of stuff like: I resign under duress for the unfair treatment I have consistently been subjected to, my boss is abusive, I complained and was then harassed, etc. (you get the idea). Still a good idea? Maybe not.

Why? Because contesting unemployment, may just be the catalyst to encourage that former employee to file a claim or lawsuit. If they contested and prevailed, they often feel validated.

I have explained the differing standards for good cause in this blog before, and also discussed how a bad EDD hearing can prompt litigation. All of that advice (from over a decade ago) still rings true!

  • Posted in:
    Employment & Labor
  • Blog:
    California Employment Law
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

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