Can my employee file for unemployment if I had to cut her hours?

Question

This is in CA. My employee was given a full week of overtime while I took vacation. Then when I returned, she asked me to take 2 days off to move. I gave her the time off and then her daughter called the night before she was supposed to return to work to ask for another day off. She then worked full days the last two days of the week. The following week, I informed her that we were going to be short kids (preschool) the next few days so I could not pay her to work overtime. She had the next day off (Tuesday) worked her regular shift on Wednesday and then, I ended up closing the next day because I had to be hospitalized. The following day was a Federal Hoilday (which I pay her for). She is now at work today and I get an unemployment claim for her in in the mail because I told her I may need to cut her hours for a few weeks if kids don't return. She has lost only the days she requesed off, the day we had few kids and the day I was hospitialized. Can she get unemployment?

Answer 1

Yes she can.

Answer 2

Well, you haven't cut her hours yet, so you need to contest that claim.  Days she had off, the day you were hospitalized, they don't count.  

She's not laid off yet.

Now, if you DO cut her hours back, like from 30 to 20, she WILL qualify for unemployment, for the difference between what she WAS working, and what she's working now.  But she'll be expected to be looking for another job while she's collecing.  You'll have to keep an eye on it, because likely if you pick her hours back up again, she won't tell the unemployment office.  You don't want to be penalized unfairly for claims.

Answer 3

Just curious I don't run a business yet but if you fill out the form sent to you doesn't the State or County decide if she should or should not be paid unemployment.  You do realize that if you are hospitalized, have to move, or what ever bills still need to be paid.

What does Unemployment charge you?

Answer 4

Yes - if her hours are cut she has a loss of income in which case she has a semi- unemployed state (compared to her previous earnings)