Legal Question in Employment Law in California

I was recently involved in an accident where I rearended a truck on the freeway with my 40 foot bus. There were passengers aboard but no injuries and moderate damage to the front of my bus, no discernible damage to the back of the cargo truck.

The brakes did not seem to work as well as expected, in my opinion and I mentioned that in the accident report, to the CHP officer, and to my company.

The police report came back and said I was at fault, but no citations were issued.

I was immediately taken off the schedule, missed 5 days of work, and was brought in for a meeting on the 6th day where I was informed that the investigation found no airbrake problems and they were having to let me go. I was told that I was a great employee. I asked about unemployment, and then was told that I was "discharged for cause," they wouldn't say what "cause" and that they would fight my unemployment request. Btw, this is a major national bus company currently in a chapter 11 reorganization. I was given my final check which included paid time off days that had accrued.

My question is, if I am a great employee, can just having a rearend accident, at fault, be used to deny me unemployment compensation? I did file for it today online.


Asked on 5/17/12, 6:57 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

Unless the accident was due to your intoxication or some other reason that makes it more than an accident, you will very likely qualify for unemployment, as mere mistakes or negligence on the employee's part are not grounds for disqualification. If you are initially denied unemployment benefits, you should definitely appeal within 20 days as it will state on the notice of denial. Briefly request a hearing. The process is simple and free. If you would like to have a consultation to prepare for the hearing, when it comes to that, and make sure that you put your best foot forward and maximize your chances of winning, feel free to contact me.

Thanks,

Arkady Itkin

San Francisco Employmen Lawyer

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Answered on 5/17/12, 8:53 pm


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