Sherman Bertram, Inc. v. California Department of Employment

This is an appeal from a judgment directing the issuance of a writ of mandate commanding Irving H. Perluss, as Director of Employment, to vacate and set aside a decision of the California Unemployment Appeals Board which held that the unemployment insurance reserve account of respondent should be charged for the payment of unemployment insurance benefits to Thel McCaslin, a former employee of respondent.

The claimant, McCaslin, was employed by respondent on September 19,1957, as a paint finisher. The last day he worked was April 28, 1958.

Subsequent to the last-mentioned date, McCaslin was involved in a hit and run accident and, as a consequence, was sentenced to .jail for 30 days. His wife notified respondent- *735 employer immediately that McCaslin was in jail and requested that his job be held open. He was the only person employed by respondent who could perform the type of work for which he was classified, that is, as a paint finisher, with the exception of the supervisor in charge of the painting department. Claimant’s wife was informed that the respondent would hold the job open unless the work got too far behind, in which event her husband would have to be…