When Your Former Employer Fights Your Unemployment Benefits Claim in California

One of the most common ways that anEven refusal to perform work as directed does
employer tries to fight their former employee'snot always rise to the level of misconduct that
claim for unemployment insurance benefits isdisqualifies an employee from benefits. In one
arguing that the employee was terminated due tocase, the nurse willfully refused to perform work
misconduct. Misconduct in the context ofbecause her consultations with outside authorities
unemployment insurance code is a term of art,led her to conclude that health of patient would be
and understanding its legal definition is crucial tojeopardized if she following her superiors' direction.
appealing the denial of unemployment benefits atBecause her refusal to perform was out of
the appeals board if your initial claim has beenreasonable and good faith fear of harm to others,
denied.she was entitled for unemployment insurance
Under California Unemployment Insurance Codebenefits after she was discharged for repeated
section 1256 "an individual is disqualified forrefusals to follow her employer's orders.
unemployment compensation benefits if theLikewise, an employee's unauthorized departure
director finds that he left most recent workfrom work did not constitute misconduct causing
voluntarily without good cause or that he hashis discharge within the meaning of unemployment
been discharged for misconduct connected withinsurance code where the employer testified that
his most recent work."it's the employee's inappropriate language following
The standard for showing "misconduct" within thethe confrontation on the day following the
meaning of unemployment benefits eligibility isunauthorized departure and not the departure
quite high and thus favoring applicants for thoseitself was the sole cause of his discharge.
benefits. While such gross violations as violence orThus, when you argue your case on appeal of
threats of violence at workplace and clearthe denial of unemployment compensation
grounds for disqualification from unemploymentbenefits, you should keep in mind this narrow
insurance benefits, many of the less grave issuesdefinition of "misconduct" which is pretty tough
at work do not constitute misconduct. Thus,for employer to meet, and argue that whatever
employee's mere inefficiency, unsatisfactoryreason your employment was terminated for was
conduct, ordinary negligence, or good faith errorsa good faith error, or an isolated incident of
in judgment at work are not "misconduct," thatnegligence, as opposed to an intentional or
will disqualify that employee from receivingreckless conduct.
unemployment compensation.At the hearing, acknowledge your mistakes at
In this context, the term "misconduct" is limited toworkplace, if you made any, but point out that
conduct evidencing such willful or wanton disregardthose mistakes were not willful or intentional but
for an employer's interest as is found in deliberatewere glitches typical to anyone who would be in
violations or disregard of standards of behavioryour place and fulfilling your duties. Make sure you
which employer has right to expect of hisstick to that issue only and keep any signs of
employee, or in carelessness or negligence ofpersonal animosity toward your employer aside as
such degree, or recurrence as to manifest equalthis will only distract the judge from the real issue
culpability, or to show an intentional and substantialin front of him, which is deciding whether you are
disregard of employer's interest or of employee'squalified for the benefits.
duties and obligations to his employer.