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Can they deny my UI for misconduct if my employer says that I used the a different truck without permission ?

by Bobby
(California)

I worked for an equipment rental service at the time, but here's the situation.


I was going to use my company truck for my weekend deliveries but it was out of fuel so I used another one of the trucks. The only problem was it was out of my driver's class (I have a CA class c license and the truck I used was for a class b) So, I used the truck and came back and proceeded as normal and on Tuesday my boss called me in and asked if I used the claas b truck and I told him that I did and he fired me.

The Unemployment's reason for denying my claim was because I used or possessed equipment belonging to my employer without permission.

If you want to get technical, then that is completely wrong considering my boss used to let me take the truck to and from work everyday for the last 1 1/2 years since I lost my car due to the companies payroll lady screwing up my child support and having my bank account frozen and my license suspended--- that's a whole other can of worms.

The whole point being that I technically didn't use the truck without permission.





Hi Bobby,

Your story has holes .. technically speaking.

First, I think it would be important to know if your employer knew you didn't have any license to drive, let alone a special class of driver license for certain kinds of trucks and/or buses..

I only mention this because you said in passing you had lost your license for not paying child support and I'm having a hard time believing even a semi responsible employer concerned about their own business would allow you to keep driving any truck, back and forth to work .;. let alone to make deliveries for the company, without a valid driver's license.

Regardless, I'll direct you to the California Unemployment Benefit Guide in case you withheld vital information that would let me answer "can they deny my ui".

Here's the reason I think it would be a good idea if you actually read the appropriate sections of the guide.

You said you were denied for "using and/or possessing a piece of equipment belonging to an employer without permission". This is true, whether you had a license .. or not.

I think the determination might be referencing the incorrect reason to deny benefits if you got fired because the employer finally found out you failed to expose the loss of your license, thus putting the employer's best interests in real harm, also, technically speaking.

In case you prefer to avoid technicalities .. let me help you hone in on your problem.

Please see exhibit A.



Chris

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