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Monday, October 1, 2012

Paratransit v. UIAB: California Supreme Court Grants Review In Employee Misconduct Case

In Paratransit, Inc. v. Unemployment Insurance Appeals Board (Medeiros) (2012) 206 Cal.App.4th 1319, the Court of Appeal held that an employee's refusal to sign a disciplinary memorandum in connection with a prior incident of misconduct constituted work-related misconduct, not a good-faith error in judgment, rendering the employee ineligible for unemployment compensation.

Last week the California Supreme Court voted 7-0 to grant review. The Court's web page states the issue presented as follows:
Did the trial court properly find that employee misconduct within the meaning of Amador v. Unemployment Ins. Appeals Bd. (1984) 35 Cal.3d 671 disqualified a discharged employee from receiving unemployment insurance benefits?
The Court's web page is here. I have added Paratransit to our Watch List of pending cases, which you can find on the lower rights side of our home page.  

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