Does section 1256 of the California Unemployment Code require an employee to sacrifice her right to unemployment benefits if she reasonably and good faith fears harm to herself or others?

California, United States of America


The following excerpt is from Amador v. Unemployment Ins. Appeals Bd., 200 Cal.Rptr. 298, 35 Cal.3d 671, 677 P.2d 224 (Cal. 1984):

This court's duty "[t]o construe the code liberally to benefit the unemployed" (Gibson v. Unemployment Ins. Appeals Bd., supra, 9 Cal.3d at p. 499, 108 Cal.Rptr. 1, 509 P.2d 945) precludes the adoption of a draconian rule that would require an employee who reasonably and in good faith fears harm to herself or others to sacrifice her right to unemployment benefits because she has acted on that concern. Accordingly, this court holds that a worker who has been discharged for wilfully refusing to perform work which she reasonably 9 and in good faith believed would jeopardize the health of others has not committed "misconduct" within the meaning of section 1256.

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