Morgan

Malcolm Morgan appeals a ruling by the trial court affirming a decision by the Unemployment Insurance Appeals Board (Appeals Board), which denied him unemployment insurance benefits. The original ruling had been made by the California Employment Development Department (EDD), upheld by an administrative law judge (ALJ) and affirmed by the Appeals Board. Morgan contends the reason given for leaving his place of employment—he was “laid off”—was not a false statement. He also insists he was denied due process during the hearings.

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Morgan, a Honeywell employee, received a written warning letter from management in January 1989, informing him of the instances in which he was not meeting the company’s expectations. Apparently having failed to reform, he received a second notice on the 1st of March, stating he would be terminated by April 1 if there was no improvement.

Deciding termination was imminent, Morgan spoke with the personnel manager, Diane Flanagan. He was in the midst of the application process for a new mortgage on his home, and he feared the new loan would fall through if there was a hint of his being discharged. He therefore negotiated with Flanagan for a full…