Legal Question in Employment Law in California

I was terminated after 3 vehicle incidents. Each involved extreme situations of icy roads, blowing snow and poor visibility while plowing snow in the Sierra Mtns over a period of 2 years. I was recognized on my last semi-annual review to have improved my safety and been accident free for over one year. I was also tasked as a company wide hourly representative to the safety committee (which is being reorganized) and was the department safety meeting leader. Reasons for termination were negligence and not following company policy. In the last incident , I backed into a 3 foot high snow berm, which was completely covering a car. How can I knowingly hit something I can't see. Ca EDD is denying me UI benefits due to misconduct. Please help. Is this wrongful termination, and how do I fight misconduct and begin receiving UI benefits?

Asked on 3/28/11, 8:25 am

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"Wrongful termination" is not just firing someone unfairly or for reasons that are not actually true. Wrongful termination is a technical legal term for termination based on illegal discrimination, or as illegal retaliation for doing something legally protected, like filing a wage and hour complaint, or participating in a whistle-blower program. The only way to challenge it is to appeal the EDD decision on UI benefits. Information on how to do that is on the EDD website. UI denial appeals are pretty much never something that lawyers are hired for, so I don't know the details, but I think you may be up against some very short timelimits. So do NOT delay in getting your appeal filed. I should tell you, however, that if you didn't follow company policy, and they can prove it, you are not likely to succeed. I can also tell you that your story that a car was completely covered by a berm only 3 feet high doesnt' sound very plausible. I don't know of any car that is only 3 feet high unless it was a Miata with the top down, and that's not very likely somewhere you were plowing snow.

Answered on 3/28/11, 8:50 am

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