Cal. Unemployment Insurance Code § 1256.1 (West 1986) states that if an individual is absent from work for a period in excess of twenty-four hours due to incarceration or conviction of an offense, the individual is deemed to have left work voluntarily and is therefore disqualified from receiving benefits. However, where an employee is discharged for criminal activity occurring during non-work hours, the off-duty activity must harm the employer's interests. American Federation of Labor and Congress of Indus. Organizations v. Unemployment Ins. Appeal Bd., 23 Cal.App.4th 51 (1994).

Prepared By:

• Scott M. Davies, 97
• Andrew Fowler, 98
• John A. Jeziorski, 98
• Anita J. Lee, 98
• Michael Smith, 98
• Reese E. Solberg, 97
• Joymarie Torres, 98