California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you again for your quick reply. I was researching the same information as well. What brings me worry is the "At Will" labor law of California. However, going back to appealing "misconduct," and if I only have to disprove "one" of the following, then I think I have a good chance of overturning the EDD disqualification. However, I dont know now if the decision will only be based now on "breaking a reasonable employer rule" or if decision may also be based on the "at will" law. If it is just "breaking a reasonable employer rule." then this is what I think based on if EDD will only consider the following:
- The rule is reasonable. (Itdo think that the employer policy/rule to follow is reasonable)
- The claimant knew or should have known the rule. (Yes, but I had poor judgement and listened to the lead/acting manager and followed his direction. Also had poor judgement during deaths in the family, and that is when my mistakes happened).
- The violation is wilful and wanton. - (Who in their right mind would wilfully violate an employer rule unless he wanted to get fired? - I did not wilfully nor intentionally break the rule).
I think the 2nd and 3rd reasons are in my favor. Thanks for giving me the confidence to fight this one! Though i still kinda worry about the "at will law"
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