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A Favorable Determination From The EDD

Guest post by: Betsey Nash

Article Overview: Even if you "document, document, document", you still need to be aware of "how" to present those documents. This article will present a case in point.

A Favorable Determination From The EDD

No, this is not a headline from one of those supermarket tabloids. This really did happen. One of my clients recently received a favorable determination from the EDD (Employment Development Department). I had given up hope. I hate to admit it because I'm a lemonade kind of gal, but, really, after being told that an employee taking sales receipts (cash!) home over night instead of placing it in the safe was not grounds for dismissal, I thought: what's it take these days? But, after this decision, I no longer feel like I'm in an asylum run by the patients. OK, that was over the top. Sorry. But in the irresponsible-with-money case, we had documented earlier indiscretions, had demoted the employee, and had counseled him on expectations like working his shift instead of making up his own schedule. The money thing was the last straw.

I was told years ago by a former EDD employee not to lump a bunch of issues together when responding to an EDD inquiry about a dismissal - just explain the final incident. Be sure to indicate that the employee knew what was expected of him, that you had spoken with the employee the first time it happened, that you enforced the policy fairly, and that you were consistent with previous practices in doing so. Now I am rethinking that advice.

I was talking with another HR professional the other day (yes, this is what we talk about), and they said they received an unfavorable decision because they summarized 3 occurrences of the same policy violation, and the EDD told them they should have separated them. "They did this before?" "Yes, that's what I said in my notes to you: 3 times". "Did you talk to them each time?" "Yes, on the dates I indicated." "Oh. You should have sent in 3 separate documents then."

And how about the guy who sent his supervisor a threatening text message? Did we overreact when we let him go? I don't think so. Besides, sometimes, even if you end up having to pay for unemployment, it's still cheaper than keeping the person on your payroll. And safer.

I can fully understand providing support to employees who are laid off or discharged through no fault of their own. A safety-net is a good thing. But is NO employee at fault?

So you can understand my delight when my client called to say that the EDD told the former employee: "You were discharged from your last job with XYZ Company because your work did not meet your employer's standards. You are not eligible for benefits." (Cue Hallelujah Chorus)

There are 2 lessons here. The first one you know, but I am going to repeat it: 1) Document, document, document (on separate sheets of paper); and 2) All is not lost! It's still OK to discharge an employee who doesn't perform well.

If they take cash home, though, you may be on your own.

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Article Tags: advice, case in point, documention, edd, policies, rules



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