Robles v. Employment Development Department: Employee’s Attempt To Use Shoe Allowance For Friend Does Not Disqualify Him From Unemployment Benefits


by Sayema Hameed

In California, a terminated employee will be disqualified from receiving unemployment benefits if the employee is found to have engaged in “misconduct” connected with his or her most recent work.  (Cal. Unemp. Ins. Code Section 1256.)

In a new case, Robles v. Employment Development Department (First District, Div. Four, Case No. A132773; filed 7/16/12), the Court of Appeal analyzed whether a terminated employee committed job-related misconduct when he attempted to use his safety shoe allowance (provided by the employer) to purchase shoes for his friend.  The answer: No, he did not engage in job-related misconduct and, therefore, he is not disqualified from receiving unemployment benefits.