can they deny my UI for misconduct if my employer says that I used the a different truck without permission even though he has always given permission to use the truck I usually use

by Bobby
(Lake Elsinore, Ca.)

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 belonging to my employer without permission.

If you want to get technical, then that is completely wrong considering that 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,

First, let's make sure that the truck you were driving was one you were not licensed to drive .. according to California.

But I will also direct you to the California Uenmployment benefit guide.

Now here's the reason I'm doing so. You said you were denied for "I used or possessed belonging to my employer without permission".

I think the determination references the incorrect reason for denial. It is debatable per your story whether the employer can sustain a burden for a discharge for using their equipment without permission, but the kicker is you have already admitted to misconduct by saying you drove a truck out of your license class. Abiding the law while working is a duty owed to an employer.

Please see exhibit A.

If you appeal I think the determination will be affirmed, but modified to cite the non-debatable point of misconduct.

This is just my opinion Bobby. You are free to appeal and to come back here and gloat.

Chris