Robles v. Emp't Dev. Dept.
Annotate this CaseRobles worked collecting food grease from restaurants until his 2010 termination. Robles’s supervisor cited Robles’s attempt to buy shoes at the Red Wing store, where employees can use an annual $150 shoe allowance. Robles asked the clerk to measure his friend’s foot because he “intended to give it to my friend.” Robles reasoned that he had shoes and his friend needed them. The clerk told Robles “that was not possible.” Robles believes there was a misunderstanding of policy but no misconduct. Robles sought unemployment benefits. The Employment Development Department’s record contained no employer information about the incident. The EDD’notice stated that Robles’s claim was denied because he “broke a reasonable employer rule.” Robles appealed, stating his employer did not cite any specific rule, that he was not aware of any such rule, and that he did not obtain an improper benefit or cause his employer any harm. Despite being twice ordered to do by the trial court, EED continued to refuse to award benefits. The court of appeal affirmed the court’s most recent response to Robles’s motion to enforce writ of administrative mandate,ordering EDD “to pay withheld federal extension benefits, costs and interest in the amount of $45,560.39, within 30 days.”
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