California Employment Law Update

Tag Archives: employee misconduct

Fire Chief Was Terminated For Misconduct Not Because Of His Religion

Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023) Ronald Hittle served as the City’s Fire Chief before he was fired (following an investigation by an outside investigator) because he lacked effectiveness and judgment in his ongoing leadership of the Fire Department; used City time and a City vehicle to attend a religious … Continue Reading

September 2023 California Employment Law Notes

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

Employee Who Falsified Timesheets Was Ineligible For Unemployment Benefits

Irving v. CUIAB, 229 Cal. App. 4th 946 (2014) Jim L. Irving who worked as a probationary heavy truck driver for the Los Angeles Unified School District was terminated for, among other things, taking excessively long breaks and falsifying his time records. The Court of Appeal determined that Irving had committed misconduct and was thus ineligible … Continue Reading

Employee’s Refusal To Sign Disciplinary Notice Did Not Disqualify Him From Unemployment Benefits

Paratransit, Inc. v. CUIAB, 2014 WL 2988013 (Cal. S. Ct. 2014) Craig Medeiros worked as a vehicle operator for Paratransit for six years. Medeiros was a member of a union, and the union and the employer were parties to a collective bargaining agreement. Paratransit investigated a complaint filed by a passenger, alleging that Medeiros had … Continue Reading

New California Law Protects Employee Use of Social Media

California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media.  Additionally, an employer may not require an employee or applicant … Continue Reading

Employees Did Not Violate Federal Statute By Misappropriating Employer’s Computer Data

United States v. Nosal, 676 F.3d 854 (2012) (en banc) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their … Continue Reading
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