Can you win an appeal for unemployment even if you got fired under misconduct from recent job?

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Can you win an appeal for unemployment even if you got fired under misconduct from recent job?

The misconduct that was taken place was done due to orders given to me from a higher authority which was my store manager?

Asked on February 26, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally, being fired for misconduct is being fired "for cause" and denies you unemployment. Whether you would be entitled to unemployment benefits when you were following a supervisor's instructions depends on two things:
1) First, can you convince he unemployment office you were following instructions, if the employer denies that? It may be difficult for you to prove that you were following orders, if the person who gave you those orders says you were not.
2) What kind of misconduct? A supervisor can order you to ignore store policy--such as telling you to accept a return even though the customer did not have a receipt. If you violated store policy on supervisor orders, then--assuming the unemployment office believes you--you did not do anything wrong, and while you could be fired (anyone can be fired at any time), it would not be a firing "for cause" and you should be eligible for unemployment.
But a supervisor cannot authorize you to violate the law, so if the misconduct involved taking merchandise (or giving merchandise to another person) without paying, or anything else that would be stealing or an illegal act, you would not be entiled to unemployment.


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