Legal Question in Employment Law in California

I was discharged from my position for "misconduct". I sold products at an unauthorized price. However, the products were discontinued and well over 2 years of age. My manager told me to sell of any old products so we can make room for newer products. So, I did so. a couple months later, an asset protection person came in and investigated the sale and I was officially terminated a month later. After my termination they decided to eliminate my position throughout the region. Im guessing that they did not want to pay me a severance? I applied for unemployment and was eligible then, the company appealed my claim. I won my claim and will continue to receive my benefit. The judge stated "Misconduct connected with work is a substantial breach by the claimant of an important duty or obligation owed the employer, willful or wanton in character, and tending to injure the employer. In this case, the claimant's conduct was at most poor performance as the result of an isolated instance of a good faith error in judgement. The claimant honestly thought he had beed instructed by his supervisor to move out the old product to the very best he could and that he had discretion in that regard. Accordingly the claimant was discharged for reasons OTHER THAN MISCONDUCT." Can I fight for my severance?


Asked on 6/09/14, 10:45 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello. Good job with unemployment. There is no law that governs severance payments. Unless you had a contract with the employer that provided for severance schedule, it's purely discretionary and up to employer as to how much severance to pay to each employees who leaves, and whether to pay them at all.

Thank you.

Arkady Itkin

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Answered on 6/12/14, 11:12 pm


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