Back in June 2012, I wrote a blog post about the Court of Appeal’s decision in Paratransit, Inc. v. Unemployment Insurance Appeals Board, 206 Cal. App. 4th 1312 (2012). In Paratransit, the California Court of Appeal held that an employee’s refusal to sign a performance review or disciplinary action form constituted “misconduct” justifying the denial… Read More
Posts Tagged With: unemployment benefits
If You Fire an Employee for Wrongdoing, Can You Successfully Challenge His Claim for Unemployment Benefits?
Whether a fired employee is eligible for unemployment in California depends on whether the employee’s conduct constituted “misconduct” within the meaning of Section 1256 of the California Unemployment Insurance Code. If the wrongful conduct rose to the level of “misconduct,” then the employer may be successful in challenging the employee’s right to unemployment benefits. But… Read More
Employee’s Refusal to Sign Discipline Form is “Misconduct” Warranting a Denial of Unemployment Insurance Benefits
When you present an employee with a performance review or disciplinary action form and ask that employee to sign it, his refusal constitutes “insubordination.” That is, by itself, grounds for firing the employee. But, is it also “misconduct” within the meaning of Section 1256 of the Unemployment Insurance Code such that you can also challenge… Read More
