State court rules that fired Paratransit driver cannot be denied unemployment benefits
By Denny Walsh, The Sacramento Bee | |
McClatchy-Tribune Information Services |
"Even assuming (Paratransit's) order to sign the disciplinary notice was reasonable and lawful, and even assuming (
The unanimous opinion was authored by Justice
After a passenger filed a complaint against Medeiros in 2008 alleging he harassed her and Paratransit decided the claim was well founded, he defied repeated orders to sign a memorandum that he was being disciplined for the incident, including two days on suspension without pay.
Medeiros said he disputed the factual scenario depicted in the document, he believed he had the right to consult with a union representative before deciding whether to sign it, and he was concerned he would be admitting wrongdoing.
Paratransit officials warned Medeiros that, if he did not sign the notice, it would be a violation of the company's collective bargaining agreement with the union and would be viewed as insubordination and grounds for termination.
But Medeiros would not accept the company's assurances that his signature would not be an admission of guilt but would only acknowledge receipt of the notice.
So, in
In the years of legal wrangling that followed Medeiros' firing, his lawyers did not question the legitimacy of his termination, but they challenged findings by trial and appellate courts that he is not entitled to unemployment benefits because he was fired for misconduct.
But the
Vigne, who filed a brief with the
She said the decision "is certainly timely, given the huge unemployment numbers we've had in recent years. Unemployment insurance is a safety net and lifeline for so many people, especially low-wage workers, and now there is no doubt they do not forfeit that protection when they lose a job through no fault of their own by disobeying what even might have been a reasonable and lawful order."
Paratransit attorney
Thursday's opinion "is result-oriented and inconsistent with the purpose of unemployment benefits, which are meant to help people who have lost their jobs through no fault of their own," McHugh said.
"
"But wait, now we're told it was not his fault. So he gets unemployment.
"This allows employees to refuse to comply with reasonable and lawful directives from their employers," McHugh said. "It makes it easier for them to come up with excuses why they don't have to do what they are told. It is disappointing that our courts here in
She said the
"This is common," Leyton said of the situation Medeiros claims he found himself in. "It happens to a lot of people. It is not at all unusual for someone to believe they are admitting wrongdoing if he or she signs such a document.
"But now we have a definitive answer: Even if they can be fired for not signing, they can't lose their right to unemployment benefits."
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