Suspension

System

I have an employee who works in California. He was suspended with pay until an investigation is completed. His investigation is for theft of company property and money. He went to the unemployment office, supposedly, and now he wants a written suspension. Does anyone out there know if we are required to give him a suspension in writting?

Thanks,
Roberta

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 12-23-02 AT 07:38PM (CST)[/font][p]In Califonria, when an employee is terminated by the employer, the employer
needs to give a written notice of the change in the emplyment relationship. But there is no requirement for the reasons to be listed in the notice.

Sicne you're asking about a paid suspension, there isn't anything in the regulations that addresses that. If this were a reduction in his work hours, then an employer is required to give notice of the partial reduction of wages when an employer reduces the hours of work. But the reduction has to be caused by the lack of full time work.

Whether or not a suspension with pay would qualify is higly suspect since there is no loss in pay.

But if it does, the form is a DE2063.

The form can be found at the following website:

[url]http://www.edd.ca.gov/de2063.pdf[/url]

But if the employee is being suspended for willful or wanton misconduct, that would disqualify him any ways.

I strongly recommend that you contact the EDD/UI office or an attorney knowledgeable about UI requirements.

Don D

In most every state, the employee will not qualify anyway for UI payments since his wages are going right along and there is no loss of income. But, to address a 'deeper' issue: Whether or not an employer chooses to give the UI department, in writing or on the phone, all the specifics regarding separation from work, is up to the employer and how the employer perceives the potential outcomes of that notification. Assuming he might be terminated after the investigation, the company can refuse to acknowledge the 'claims questionnaire' or phone calls from the UI office, choosing simply to not contest the claim. Doing otherwise often will not only lay too many risky cards on the table plus it might place one of the HR staff unnecessarily in close quarters with an angry denied claimant in a hearing. Weigh all this according to your state laws and the potential of increasing your UI experience rating - as opposed to simply not contesting the claim and cutting your losses and moving on.

Jimbo

I do not have experience in California, but from your post it sounds like this employee is trying to collect Unemployment Compensation. Don D. makes some good points about the option of not contesting the claim. However, I have also found that an employer's failure to make the facts a matter of record often allows the employee to create a false record upon which compensation (and any resultant increase to the employer) to the employee is granted. Then the employer is behind the eightball trying to overturn the initial claims adjudication on appeal. In Florida, employee misconduct must amount to a wanton disregard of the employer's interests to disqualified a terminated employee from unemployement compensation. I do not see how an employee, suspended with pay, would otherwise qualify for unemployment compensation. Informing the unemployment office of this fact would probably just disqualify this employee, at least until they are terminated.

Lori B

I would document all disciplinary action regardless. Whether the law requires it or not, does not override the good business sense to document warnings/suspensions and ask that ees sign off to acknowledge receipt. I don't go into laundry lists of reasons, but I would document.