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TERMINATION OR LAY OFF OR QUIT?
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TERMINATION OR LAY OFF OR QUIT?
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My sister worked for a company for approximately 5 years. In May she went on maturnity leave (California State disability covers maternity)for approximately 8 weeks. She had a verbal agreement with he
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TERMINATION OR LAY OFF OR QUIT?

posted at 7/2/1999 5:35 AM EDT
Posts: 8
First: 6/13/1999
Last: 11/1/1999
My sister worked for a company for approximately 5 years. In May she went on maturnity leave (California State disability covers maternity)for approximately 8 weeks. She had a verbal agreement with her employer to come back part time after the baby was born. She is now ready to return to work, but her employer says they need her during specific hours when she is not available. Essentially her employer says if she can't work the specific hours he specifies, he can't use her services. The question is, who is the moving party in this separation, and how do you think it will play out with EDD?

The company has less than 50 people and she is therefore not covered by FMLA.

TERMINATION OR LAY OFF OR QUIT?

posted at 7/7/1999 1:15 AM EDT
Posts: 434
First: 6/14/1999
Last: 4/25/2001
I think EDD will probably consider this as being compensable under California
UI law. Typically, EDD has ruled in
favor of employees when a change in
working conditions/hours/location makes
continued work unrealistic for the
effected employees.

But check with EDD before your sister
does anything!

Forums » Topic Forums » Legal Forum » TERMINATION OR LAY OFF OR QUIT?

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