California Employment Law
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For violation of a rule to be "willful misconduct", the rule must be fairly and consistently applied (Spirnak v. UCBR, 557 A.2d 451 (1989)). If your employer has tolerated rule-breaking in the past, your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v. UCBR, 417 A.2d 1311 (1980)).Thanks for your help. When I go before the appeals court, can I use the above paragraph? I found it but the cases are based out of state. Can this be used in a CA court?