Paratransit, Inc. v. Unemployment Ins. Appeals Bd.Annotate this Case
An employee (Claimant) was asked by his employer to sign a written disciplinary notice regarding Claimant’s alleged misconduct. Claimant refused to sign the notice, claiming that he wished to consult with his union first and that he believed that signing would constitute an admission of guilt. Based on this incident, the employer terminated Claimant for insubordination. The Employment Development Department denied Claimant’s application for unemployment benefits, determining that Claimant’s refusal to sign the disciplinary notice constituted misconduct. The Unemployment Insurance Appeals Board reversed, finding that Claimant’s failure to sign the notice was “an instance of poor judgment” that did not disqualify Claimant from receiving benefits. The Supreme Court affirmed, holding that, even if Claimant’s refusal to sign the disciplinary notice justified his termination, Claimant did not commit misconduct within the meaning of California’s Unemployment Insurance Code.