Unemployment Appeal in California
Hi Chris. You helped me significantly and I read everything you post each day, so I immediately thought of you when my children’s father was denied Unemployment. I would like to run everything by you and get your thoughts as I will be preparing his appeal for him.
First, the state is California. Details: My ex-husband, Chris, was unemployed for a period of time but did not utilize all of his extensions. He found a job and worked for nearly 4 months. During his 4 months of employment with his most recent employer, he was involved in two accidents. The first accident he rear ended another vehicle. He was warned that should he be involved in any additional accidents that he would be terminated as the company would no longer be allowed to have him driving a company truck, for Insurance reasons. Unfortunately, the following month, he was backing out of a customer’s drive-way and he accidently backed into a parked vehicle. He was immediately drug tested after both incidents so drugs and alcohol were not a factor. They were, just what they are called- ACCIDENTS!
During the phone interview with the Unemployment Development Department Chris provided all of the above information. The decision rendered was that he (Chris) was denied benefits for the following reason:
Section 1256 Provides- an individual is disqualified if the Department finds he voluntarily quit his most recent work without good cause or was discharged for Misconduct from his most recent work.
Chris did not quit but I cannot see how the department determined that having two accidents was misconduct. They were a lapse in judgment, at best. Misconduct would be a willful act which would cause significant damage or harm to the employer and neither of these occurred. They were simple accidents.
In addition, while Chris was waiting for the company’s determination as to whether or not he was going to be terminated he offered to
his Supervisor that he would not have a problem utilizing his own vehicle for work, trying to keep his job and preserve if, even if it meant using his own truck and then being responsible under his own vehicle insurance.
As I stated above, I am going to help Chris with his appeal. What thoughts do you have? Do you feel that I am correct in my above observations and do you feel that these are good grounds for appeal with a good chance of victory????
Thanks for your time Chris. I appreciate you and all your help.
Hi Heather :)
I hate to be a downer .. but two accidents in two months, both the fault of the driver .. not good .. especially the final one in which he backed up into a PARKED car.
But, in an attempt to think positive .. if I were you .. I'd first look at the employer's policy to make sure that they adhered to it themselves.
If they did, appeal anyway .. because you never know ..
If either of the accidents might have had some extenuating circumstances involved that can remove negligence on his part .. argue away.See California MC 300 B
By the way, I don't think his offer to use his own truck is relevant. He would still be an employee doing a job for the employer and there would always be the possibility of liability to the employer if he were to get in another accident while on the job.
Let's say he injured someone in another "accident" .. in his own truck.
The injured party's attorney would only need to find out about the first two accidents and that to continue the employment the employer had to disregarded their own accident policy and let him drive his own truck instead .. to boot.
The employer would then be negligent as well and named in a lawsuit ..