Friday, September 19, 2008

I Win.

My EDD appeal that is.

My former employer claims that I "willfully violated company policy" which, in EDD-speech is, "misconduct connected with work" which is defined as "...a substantial breach by the claimant of an important duty or obligation owed the employer, wilful or wanton in character (emphasis mine), and tending to injure the employer (Maywood Glass Co. v. Stewart - 1959)."

The employer has the burden of proving misconduct. Which they didn't.

The law goes on to say, "On the other hand, mere inefficiency, unsatisfactory conduct, poor performance as the result of inability or incapacity, isolated instances of ordinary negligence or inadvertence, or good faith errors in judgment or discretion ar not misconduct."

The verdict?

"It is therefore found that the claimant (me) was discharged for reasons other than misconduct connected with his work and he is not disqualified for benefits..."

So, I win.

Thank you God. Prayers answered. Wife relieved. We live to see Christmas!



Jadon said...

Awesome, Eric! Glad to hear.

Eric said...

Thanks! God is good.