Legal Question in Employment Law in California

I was terminated from my employer in California on the basis of misconduct outside of work. It was determined by unemployment appeals judge, after a hearing, that my conduct was not work related and therefor I won my appeal. Is this something I can and should pursue?


Asked on 4/11/12, 7:00 am

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello.

The unemployment appeal proceeding have little, if any, bearing on other (wrongful termination claims).

To determine whether there are other claims, it would be very helpful to know what conduct exactly you engaged in outside of work for which you were terminated, and what the allegations were. Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

www.arkadylaw.com

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Answered on 4/11/12, 9:24 am
Terry A. Nelson Nelson & Lawless

Unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. You won the EDD hearing because the judge agreed the employer didn't prove misconduct, beyond that there are no grounds for legal action.

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Answered on 4/11/12, 10:34 am


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