Saldana v. Employment Department

Claimant seeks review of an order of the Employment Appeals Board (EAB), contending that it erred in concluding that he was not entitled to unemployment benefits because he was discharged for misconduct. We reverse because EAB’s dispositive finding that claimant’s absence from work constituted misconduct was not supported by substantial evidence.

EAB found as follows. Claimant was a car salesperson for employer and was expected to report to work as scheduled or to notify his employer of any absence at least 30 minutes before his work shift began. On July 26,1998, claimant was not scheduled to…