Herrera v. Cal. Unemployment Ins. Appeals Board CA
Jose Buscaron Herrera was discharged from his job as a delivery driver with Datalok Co. after the company claimed he was intoxicated while at work. Herrera filed a claim for unemployment insurance benefits. The Employment Development Department (EDD) denied the claim, finding that Herrera was terminated for misconduct and therefore ineligible for benefits. Herrera appealed that determination to the California Unemployment Insurance Appeals Board (CUIAB). Following an administrative hearing, the administrative law judge (ALJ) affirmed the EDD’s determination. Herrera appealed to the CUIAB panel; the CUIAB affirmed that decision and rejected Herrera’s claims that the ALJ was biased against him and the hearing was unfair. Herrera then filed a petition for writ of mandate in the superior court. The court conducted an independent review of the administrative proceedings and concluded that the ALJ’s determination was supported by the evidence and that the proceedings were conduc
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