On March 17, 2015, UC Davis Law Student Sarah Bluestone represented a retail worker who was terminated from a jewelry store after 11 years of work before the California Unemployment Appeals Board in Stockton. For the past 6 months prior to termination, she was using her lunch time to pick up her daughter. Her supervisor was aware and allowed her to do it. However, when management became aware of the arrangement, she was terminated.
Although the Employment Development Department awarded benefits, the employer appealed the decision. During the hearing, the employer insisted that our client refused to comply with company policy regarding breaks, but the manager testifying also praised the worker for her exemplary work over the years.
The Administrative Law Judge upheld the Departments Decision and our client was able to continue to receive.