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Kenneth Lewis Swenson

Kenneth Swenson’s Answers

560 total


  • Looking for a lawyer who specializes in handling EDD Unemployment Insurance issues

    I was contacted by an EDD investigator and I am not sure how to respond to an unemployment insurance inquiry. The investigator wants to review my entire claim which spanned two years.

    Kenneth’s Answer

    A fraud investigation involving two years of benefits may lead to serious criminal charges, so you should consult with a criminal defense attorney to protect your rights during the investigation.

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  • ED Unemployment, CA Can I still collect unemployment if I refused to sign paperwork of your termination?

    I was terminated due to suspicion of being on drugs when I tested clean last random test (only on me) in the same year. I was working full time hours for months; But there was that day when I seen "part time" on my paystub.. They cut down my hours...

    Kenneth’s Answer

    If you are otherwise qualified, you would be entitled to Unemployment Insurance (UI) benefits unless you voluntarily quit your job or were discharged for misconduct. The use of intoxicants such as drugs or alcohol may constitute misconduct depending on the circumstances. The California Employment Development Department (EDD) has published a UI Benefit Determination Guide which provides guidance on misconduct and the use of intoxicants. (See links below.) The refusal to sign paperwork when you were terminated would not ordinarily be misconduct and should not be a reason for you not to make a benefit claim.

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_5.htm

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_270.h...

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  • ED Unemployment, CA Can I still collect unemployment if I refused to sign paperwork of your termination?

    I was terminated due to suspicion of being on drugs when I tested clean last random test (only on me) in the same year. I was working full time hours for months; But there was that day when I seen "part time" on my paystub.. They cut down my hours...

    Kenneth’s Answer

    If you are otherwise qualified, you would be entitled to Unemployment Insurance (UI) benefits unless you voluntarily quit your job or were discharged for misconduct. The use of intoxicants such as drugs or alcohol may constitute misconduct depending on the circumstances. The California Employment Development Department (EDD) has published a UI Benefit Determination Guide which provides guidance on misconduct and the use of intoxicants. (See links below.) The refusal to sign paperwork when you were terminated would not ordinarily be misconduct and should not be a reason for you not to make a benefit claim.

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_5.htm

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_270.htm#UseofIntoxicants

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  • Can I be suspended from work for calling in sick?

    I called in sick and had a replacement lined up to cover my shift, but my boss told me he had it covered and that I am not to come into work the next day. I told him I'd be okay to work the next day and ha told me my replacement for the shift had ...

    Kenneth’s Answer

    • Selected as best answer

    The answer to your questions depends on the particular facts. You may legally be suspended for a legitimate reason such as failure to follow proper sick call procedure or where the illness presents a health or safety hazard if you were return to the workplace. But, you may not be suspended for an illegal reason such as discrimination or retaliation. If you believe you may have been subjected to discrimination or retaliation, you may wish to consult with a labor and employment attorney in your area to discuss the particulars of your case.

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  • I am going to file a motion to set aside , do i need to attach an answer? can someone please explain what i have to do ?

    please i need to know what steps i have to take at this point thanks

    Kenneth’s Answer

    Assuming your question relates to a motion for relief from a default judgment in the Superior Court, the answer to your question is "yes" you must submit a proposed responsive pleading with the motion when you serve and file it. You ordinarily attach the proposed responsive pleading as an exhibit to your declaration in support of the motion. The proposed responsive pleading is usually an answer but may be a demurrer. If the court grants your motion, it will give you leave to serve and file the proposed responsive pleading. The Sacramento County Law Library has published a very helpful guide to setting aside defaults at http://www.saclaw.lib.ca.us/Uploads/files/Step-by-Step/SbS-Motion-to-Set-Aside.pdf. While the guide is written for cases in Sacramento County, it provides some good general information applicable to cases in other counties.

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  • Unemployment Insurance Alternate Base Period Program. Can the office take overpayments out.

    Well If so then that's not a good law I'm not receiving anything due to overpayments and that's a program I applied for.

    Kenneth’s Answer

    Yes, the Employment Development Department (EDD) may require you to repay an overpayment in certain circumstances. You should have received a Notice of Overpayment which lists: (1) why the overpayment occurred, (2) the amount of overpayment, (3) whether the overpayment will have to be repaid, and (4) your appeal rights. You should review the notice carefully. You may also wish to review the guidance published by the EDD at www.edd.ca.gov/Unemployment/Overpayments.htm. The EDD is required to follow the applicable federal and state law.

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  • Falsely accused of elderly abuse by a fellow caregiver (retaliation)?

    About a month ago , an employee meeting took place where caregivers complained about a supervisor's attitude. Not too long later, the supervisor has taken a noticeably negative interest in making my nights miserable. She doesn't like that the dir...

    Kenneth’s Answer

    Based on the information you provided in your question, a supervisor began checking your work more closely after caregivers you work with complained about her attitude at a staff meeting and, as a result, you have been suspended and may be terminated for mistakes she discovered. The question provides no indication you were one the caregivers who complained about the supervisor or the complaint involved some legally-protected status. The mistake -- failure to change a soiled resident -- may constitute a legitimate business reason for discipline due to the potentially serious consequences of the mistake. Under the circumstances suggested by the information provided in your question, you seem to have little recourse against your employer if the mistake was your fault. You may wish to consult with a labor and employment attorney to discuss the particulars of your case and for specific legal advice.

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  • Wrongful Termination from Community College Job

    I was wondering if I had a case against my Community College for wrongful termination. I was terminated on Monday May 6th, 2013. I believe I was wrongfully terminated since they did not follow the necessary procedures. I was working for the Disabl...

    Kenneth’s Answer

    I generally agree with the prior answers to your question. I want to add that an important exception to at-will employment exists where the employee is a permanent civil servant, meaning the employee accepted a civil service appointment to a permanent position and successfully completed probation. Under California law, a permanent civil service employee enjoys a property interest in continued employment which a government employer may not deprive the employee of without due process of law. Due process generally requires notice of the charges and an opportunity to be heard before termination. You should immediately consult with a labor and employment attorney with experience handling public employment cases to discuss the particulars of your case and for specific legal advice.

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  • I was placed on admin leave after writing complaint letter. Is this retaliation?

    I have been at my job for 10 years, never in trouble or a bad review. Recently, I learned a complaint about me was filed and then shared amongst volunteers and staff. The complaint was false and I was able to prove that with written documentation....

    Kenneth’s Answer

    The answer to your question depends upon whether your complaint amounted to protected activity and, if it was protected activity, whether your termination is/was motivated by your having made the complaint. Defending a complaint against you or making a complaint against someone who made a complaint against you do not necessarily amount to protected activity upon which to base an action for retaliation. Also, your employer may have a legitimate business reason to terminate you if the complaint against you is substantiated. You should consult with a labor and employment attorney to discuss the particulars of your case and for specific legal advice.

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