California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-32 - Discharge for Misconduct -Duty to Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to discharge
						  for misconduct in connection with the most recent work based upon acts or
						  statements of an employee detrimental to the employer's interests. Section
						  1256-30 of these regulations sets
						  forth general principles also applicable under this section.
(b) Employee's Duty Toward Employer. An
						  employee owes an implicit duty to support and serve the employer's interests
						  and not to willfully or wantonly engage in acts or statements which evince an
						  attitude of disregard of the employer's interests. Except in aggravated
						  circumstances, ordinarily the first instance of an employee's isolated willful
						  or wanton act or statement showing disregard of the employer's interests would
						  not be sufficiently substantial to constitute misconduct. If the employee
						  continues the acts or statements after warning or reprimand, his or her conduct
						  viewed as a whole may constitute a willful and substantial breach and justify a
						  discharge for misconduct, particularly if the repeated acts or statements occur
						  within a relatively short span of time.
(c) Types of Acts or Statements. An employee
						  who makes disparaging statements concerning his or her supervisor, the
						  employer, or the employer's product, service or business, or who deliberately
						  incites or agitates co-employees to damage the employer's premises, equipment
						  or materials, has engaged in acts which may be misconduct. Mere griping or
						  normal complaints through proper channels, or in a customary manner about some
						  aspect of the work, however, does not injure or tend to injure the employer's
						  interests, and may even be desirable or encouraged by the employer as a method
						  to improve work conditions and employee morale. Proper channels for complaints
						  ordinarily would be through an employee's immediate supervisor, or a grievance
						  committee if one exists or in accordance with any applicable collective
						  bargaining agreement procedure. Bona fide union activities not in violation of
						  the employer's rules are not grounds for a discharge for misconduct.
EXAMPLE 1. An employee argued at work with a
							 co-employee about a work assignment. The employer reprimanded the employee who
							 responded that "if the employer would stay around there would not be any
							 trouble." The remark was not in the presence of others. The employer discharged
							 the employee for this remark.
While the remark showed a lack of good judgment,
							 there was no substantial harm to the employer's interests. There was no
							 misconduct.
(d) Aid to
						  Competition. An employee who deliberately aids the employer's competitor, for
						  example, by sending customers to the competitor, except as an accommodation
						  allowed by the employer, or giving the competitor confidential business
						  information, lists of customers or trade secrets, has engaged in misconduct. If
						  an employee, without the knowledge and approval of his or her employer, accepts
						  work for a competitor, the employee has engaged in misconduct. An employee who,
						  while working for the employer, diverts customers to the employee's own
						  independent business, has engaged in misconduct. However, an employee who
						  merely discusses with co-employees an intention to engage in his or her own
						  independent business in the future has not engaged in misconduct, even if the
						  discussion continues after a warning from the employer, if there is no
						  disruption of the employer's business or dissatisfaction among employees caused
						  by this activity.
1. New
							 section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
							 16).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1256,
								Unemployment Insurance Code.