Legal Opinion

Paratransit, Inc. v. Unemployment Insurance Appeals Board

California Supreme Court

Decided July 3, 2014No. S204221PublishedCited by 11 opinions

1Opinion of the Court

Opinion

BAXTER, J.

In this case, an employee refused his employer’s repeated orders to sign a written disciplinary notice, because he disputed the notice’s factual allegations and thought he was entitled to consult with his union representative first. There is no dispute over whether the employer was within its rights to fire the employee for his insubordination. The only question is whether that single act of disobedience constituted misconduct within the meaning of California’s Unemployment Insurance Code. If so, then the employee is disqualified from receiving unemployment compensation…

2Cases cited11 opinions

  1. National Labor Relations Board v. J. Weingarten, Inc.Supreme Court of the United States · 1975
  2. Lacy v. California Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 1971
  3. Shannon Eng. & Const., Inc. v. Emp. SEC. Com'nMississippi Supreme Court · 1989
  4. Amador v. Unemployment Insurance Appeals BoardCalifornia Supreme Court · 1984
  5. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70 v. Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 1987

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Robles v. Employment Development DepartmentCalifornia Court of Appeal · 2015
  2. Robles v. Emp't Dev. Dep't, California Court of Appeal, 5th District2019
  3. Irving v. California Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 2014
  4. Irving v. California Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 2014
  5. Johar v. Cal. Unemployment Ins. Appeals Bd.California Court of Appeal · 2022

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