An employee is fired for repeated, documented misconduct such as theft. When that worker files for unemployment, the likely result is:
解析
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.
法律依据: Unemp. Ins. Code §1256; Amador v. Unemployment Ins. Appeals Bd. (1984) 35 Cal.3d 671免费刷完整 1632 道题库 — 无需注册。
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
同考点相关题目
- Under Labor Code §1174, employers must keep employee payroll and personnel records for at least:
- Who pays for California's unemployment insurance (UI) program that funds benefits for laid-off workers?
- A former employee applies for unemployment benefits after being laid off due to lack of work. Regarding the claim, the employer generally:
- Under Labor Code §1198.5, a current or former employee generally has the right to:
- With each paycheck, Labor Code §226 requires the employer to furnish an itemized wage statement showing information such as:
- Under Labor Code §2810.5, at the time of hiring a nonexempt employee, the employer must provide a written notice stating:
最近核对: · 审核流程