Morris

Morris v. Unemployment Insurance Appeals Board

Good Law
110 Cal. Rptr. 630·1973 Cal. App. LEXIS 866·34 Cal. App. 3d 1002
Court of Appeal of CaliforniaOctober 30, 1973Civ. 40857California2,246 words

Opinion

Opinion

Stephens, J.

Appellant petitioned the superior court for a writ of mandate (Code Civ. Proc., § 1094.5) directing respondent to grant his claim for unemployment insurance benefits. The trial judge denied the writ, made certain findings of fact and conclusions of law, and judgment was entered accordingly. Appellant appeals.

There is no dispute as to the facts surrounding the acts which preceded appellant’s claim. On or about March 25, 1970, while in the employ of the United States Postal Service, an agency of the United States Government, appellant received a notice of proposed adverse action from his employer charging (1) that appellant had threatened to do bodily harm to supervisors, and (2) that appellant had engaged in conduct unbecoming a public employee. The notice of proposed adverse action contained both a proposal that appellant be removed and a proposal that he be emergently suspended. Appellant replied to the notice and subsequently received a written decision from the director, San Francisco Postal Region, informing him that both proposals had been approved. Appellant appealed the decision to the assistant postmaster general, operations department, who sustained the…

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