EmploymentQuestion 1081 of 1632

An employee is fired for repeated, documented misconduct such as theft. When that worker files for unemployment, the likely result is:

a.Full benefits, whatever the reason given
b.Benefits may be denied for misconduct
c.The employer must pay double the benefit
d.The claim is referred for prosecution

Explanation

Unemp. Ins. Code §1256 disqualifies a claimant discharged for misconduct connected with the work, and Amador narrows that to a willful or wanton disregard of the employer's interests - not mere poor performance, inefficiency or good-faith errors of judgment, which is why documentation of repeated, deliberate conduct matters so much. (a) is the belief that UI is automatic on separation. (d) confuses a benefit disqualification with a criminal referral; theft may well be prosecuted, but that is a separate proceeding and the UI question is only eligibility. (c) invents a penalty against the employer. An employer that cannot document the misconduct usually loses the §1256 issue and takes the charge against its reserve account.

Law Reference: Unemp. Ins. Code §1256; Amador v. Unemployment Ins. Appeals Bd. (1984) 35 Cal.3d 671

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