How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

My husband worked for FedEx Express, in California, for over

This answer was rated:

My husband worked for FedEx Express, in California, for over six years. He had an accident with the company vehicle (sprung a gate & minor cosmetic damage to the truck). He was instructed to complete his deliveries. Returned to the station, put on suspension & terminated a week later. One of the managers told him to make sure to apply for unemployment. He has never been terminated before and he has been denied unemployment benefits because he broke a "reasonable rule" of the company. It seems punitive to deny unemployment for an accident. He did not flagrantly ignore the rule. And if it was so egregious, why did they instruct him to finish his route? Any suggestions?
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

If the basis was "breaking a rule" what was the "rule" broken? Did he violate a traffic rule that led to the accident?
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

The previous expert who responded to your question is not licensed in California, so I will be assisting you with your question further.

However, could you first tell me if the accident was an 'at fault' accident? Was your husband found to be negligent in his operation of the Fed Ex vehicle?
Customer: replied 3 years ago.

He pulled up to a gated community, put the vehicle in park, set the hand brake and got out to read the register. The truck lurched forward and hit the gate. The gate sprung, the truck had minimal cosmetic damage and no traffic citations were issued.

Your husband should definitely appeal the denial of unemployment benefits, as he should not be held accountable for a mechanical failure of the FedEx vehicle that he was using.

Since he was not negligent and no traffic violation was issued, his unemployment should not have been denied for 'breaking a reasonable employer rule.'

Instead, since it was not his fault that the truck caused the damage, he should receive unemployment benefits, as he was terminated through no fault of his own (being held accountable for a mechanical failure that was NOT due to human error).


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions