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 1256-43 - Discharge for Misconduct -Violation of Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to discharge
						  from the most recent work for misconduct due to violation of law. Section
						  1256-30 of these regulations sets
						  forth general principles also applicable under this section.
(b) Off-Work Violations of Law. Criminal acts
						  or other violations of law are not necessarily misconduct. For example, an
						  individual's criminal act outside of working hours and away from the employer's
						  premises usually would have no connection with the work and would not be
						  misconduct under Section
						  1256 of the code (see related
						  discussion in Section
						  1256-33 of these regulations).
						  However, an employee's criminal act or other violation of law outside of
						  working hours and away from the employer's premises can be misconduct if the
						  employee uses information obtained from the work to carry out the crime or
						  other violation of law, or there is any other substantial connection with the
						  work.
EXAMPLE 1. A janitor, A, was arrested for drunk
							 driving while off duty. The employer discharged A.
A's discharge is not for misconduct because A's
							 off-duty intoxication did not relate to work performance and did not
							 substantially injure the employer's interests.
EXAMPLE 2. B, a television repair person, while
							 repairing a customer's television set in the customer's home, noted the layout
							 of the home, access characteristics, and the nature and location of property in
							 the home. That night B returned and stole property from the customer's home. B
							 was convicted of the theft. The employer discharged B.
B's violation of law is misconduct due to the clear
							 connection with the work even though the act was off duty and away from the
							 employer's premises.
EXAMPLE 3. C, a bookkeeper in a bank, persisted in
							 drawing personal checks against C's account in that bank when there were
							 insufficient funds to cover the checks. The bank discharged C for this
							 violation.
C's violation was misconduct even though off duty
							 since bank employees are expected to reflect honesty and integrity due to the
							 special character of their work. An employee's lack of integrity reflects on
							 the bank's integrity and adversely affects the employer's
							 interests.
(c) On-the-Job
						  Violations of Law. An employee's on-the-job criminal act or other violation of
						  law is misconduct if the act is substantial in nature, regardless of the
						  employer's prior warnings or reprimands. An employee's on-the-job criminal act
						  or other violation of law is not misconduct if the act is minor in nature,
						  unless the employee commits the act after prior warnings or reprimands by the
						  employer for similar acts. However, in no event will an employee's criminal act
						  or other violation of law be misconduct if the employer had ordered,
						  participated in, or condoned the employee's action.
EXAMPLE 4. D, a taxicab driver, was en route to pick
							 up a passenger when D was hailed by a person on the opposite side of the
							 street. D glanced off the road toward the person in accordance with a company
							 policy to identify possible customers and report cab requests to the company
							 dispatcher. D was involved in a minor accident as a result of this action. The
							 employer discharged D.
D's action was not misconduct, but at most was a good
							 faith error in judgment in an attempt to carry out company policy.
EXAMPLE 5. E, a taxicab driver, was involved in a
							 series of six accidents within a short period of time while driving cab. In
							 addition, E repeatedly violated traffic laws by failing to make boulevard
							 stops, by driving on the wrong side of the street, and by making prohibited
							 mid-block "U" turns.The employer had given E a safety course and as each
							 accident occurred discussed preventive measures. The employer gave E a
							 disciplinary suspension following one of the accidents. Shortly after a later
							 accident, the employer was held liable in damages and discharged E.
E's action was misconduct because it was clearly
							 substantial, prejudicial to the employer's interests, and not the result of
							 mere inefficiency.
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.