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…
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…
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…