Los Angeles Superior Court

Jim Irving, a former employee of the Los Angeles Unified School District, was fired for falsifying time records on at least four occasions. Irving admitted he did not take his breaks at the locations or at the times specified by his employer, exceeded his allotted break time, and deliberately filled out his time sheets to hide his violations.

Irving filed for unemployment compensation benefits. The Employment Development Department initially granted benefits. However, the Unemployment Appeals Board (“Board”) held an administrative hearing and denied benefits.  The Board found that Irving had been informed when he was hired of the district policy concerning the duration of breaks and where they could be taken. He also signed a written acknowledgement that explained the policy. According to the Board, Irving’s violations were documented by the global positioning system in the trucks he drove for the district. Based on Irving’s admissions and other evidence, the Board concluded that Irving “falsely recording his times and locations for each of the 10 days on the district’s time records.” Consequently, Irving was discharged for “misconduct” that rendered him ineligible for benefits.
Continue Reading Falsification of Time Sheets for Breaks was Misconduct Under Unemployment Insurance Code