Employment office - what is that? By definition, employment office means the office of employment which offers employment or training and education. The employment office may be local, state, federal or regional, i.e. it may be the Secretary of State, local Labor Department, or local government agencies.
Employment Code, Section 1260(b) provides that an individual who, without just cause, refuses to accept suitable employment offered to him or her is ineligible for unemployment benefits. Reasonable cause is defined as, among other things, the acceptance of the employment by the applicant which would have been reasonable under the circumstances existing at the time of application, and the failure to comply with an employment contract offered by the applicant.
Reasonable cause is not necessarily conclusive. Some states require that a worker employed by the employer must have been informed about the employment rights to choose whether or not to accept employment offered to him/her. These states also require the worker to have stopped working for another employer within a reasonable time after being offered the new job so that the worker is in fact not under any contractual employment relationship with that employer when he/she fails to comply with the terms of the employment contract.
An employee who refuses to work for an employer and who is subsequently dismissed from that employer has an entitlement to severance pay. According to Employment Code, a person who is made redundant or who is demoted by his employer for reasons of redundancy, sickness, childbirth or voluntary separation has a right to be paid a specified amount of salary for a definite period of time, which is called severance pay. There are different types of severance pay. Most commonly used is the base rate severance pay, which is intended to replace lost wages above the specified amount. Another is the incremental increases to salary, which is applied to the rates specified in the existing agreement between the employee and the employer; and the deferred continuation payment, which are granted to an employee who satisfies certain requirements after joining an employer after the expiry of his/her employment contract.
To know the details about the above mentioned options, it is important to first be aware of the employment status of the employee. The usual procedure is to complete the notice to employer form that is required by the State Employment Department. After submitting this to the concerned office, the claimant would receive a corresponding letter from the office with more information about the notice to the employer. From the information, the employment agency would determine whether the claimant meets the eligibility criteria. The next step would be for the employee to provide documentary proofs to support the claim that would support the eligibility criteria.
The employment agency would then determine whether the claimant qualified for the specified severance pay based on the prescribed rules. It is usually the case that employment standards would be relaxed when it comes to the specified period of notice period or the length of the deferred continuation payment. However, this would depend on the employment agreement between the employer and the employee, as well as the rules and regulations laid down by the State Board of Equalization, which manages the State's Equal Employment Opportunity Commission. If the employment standards were not strictly followed by the employer, the employee would have the right to file a case at the Superior Court of the State to claim full-time permanent disability benefits.
In some cases, the employment office may decide to review the case and ask for additional information from the employee. The review can be either a part-time or full-time study, depending on the length of time the employee has been working with the company. Before taking up a case, it is important for the employee to check out the local court's employment laws to know about their rights. There are certain employment issues that cannot be settled through the employment handbook, and that is where the employment attorney would come in handy. This way, the employee would not be confused while trying to get the benefits he is entitled to.