Archive for Unemployment Insurance Code 1256

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…

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…