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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My husband worked for FedEx Express, in California, for over

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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.

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Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
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