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Hi, thanks for taking a min. I'm a class A CDL Truck driver. On st. Patrick's day of this year i was pulled over and given a dui. I reported the incident to my employer and they fired me. So i was told when i went in to return the keys to my tractor by my boss to file for unemployment while they figure it out. At that point my boss told me that i wasnt fired just layed off. And when they could figure out wht they could do i would be called back to work. Well, i never lost my license and my lawyer said legally i could still drive. I tried to reach out to my employer and got nothing. Then informed after a few weeks that my unemployment had been denied because i was told when i started work for the company (feb/2014) that if i got a ticket in my personal vehicle i would be terminated. Well, that was a lie! No such conversation has ever taken place. The HR manager Has only been with the company for a few months. I called the job just to ask why/ how did this misinformation get out out there and he told me that he said it and that i should've been told that when i starred work. Well, i never told him that i didn't start driving for this company until sept/2014. Until then i worked in the warehouse in a nondriving position. He only said that he was the only person to talk to and for me to try and appeal the case so i did. My question is is there anything that can be done when your employer blatantly lies to keep you from getting unemployment? I'm sorry, i know that was long.
If the company has a written policy regarding tickets, DUI's, criminal activity, etc... you won't be eligible for unemployment. As long as the company has it written somewhere in a handbook, on their internal website, in a break room, posted on a bulletin board in an office, etc.... they are covered. If you didn't know about it because you never looked at the handbook or a bulletin board, but it is written down somewhere, the law will still recognize it as you were informed. They don't have to verbally inform you, just have it written down for employees to find somewhere (even if inconvenient), like asking HR for a written copy.
North Carolina is an at will employment state. The following will automatically disqualify you from NC Unemployment Benefits:
- violating the employer’s written alcohol or drug policy
- showing up to work under the influence of drugs or alcohol
- engaging in physical violence at the workplace
- an arrest or conviction for certain violent, sex, or drug crimes if the offense is work-related or a violation of company policy
- conduct that violates federal antidiscrimination or antiharassment laws
- theft of company or customer property or lying on employment documents
- violating a written attendance policy , and
- receiving three or more write-ups for poor performance in the 12 months before the termination.
Because they are terminating your employment for your DUI (misconduct) and not part of a layoff, downsizing, or workforce reduction to save cost, you are considered fired and not laid off. You might want to get an attorney if you are going to try to prove otherwise. I would be very surprised if a trucking firm doesn't have something written down regarding driving performance, DUI's, arrests, license points, etc... even in a personal vehicle, in order to remain in their employment driving trucks.
Thanks, it's not a trucking company. Just a mom & pop place with only three trucks. Very unorganized. Like i said, i wasnt driving for them 2/14 i was working in the warehouse until 9/14 and it was never brought up or covered. But thanks for your input.
Oh wow looks like I have two new pals! Hey, just so you two idiots know.... it's not at all about the UE, it's about the lie! If you two dummys think i can pay my mortgage with $300 a week you're nuts! Whenever you two kids want to get out of your mom's basement let me know. I could probably help you out! Lol here's the thing dips**ts, If you don't like taxes you need to talk to your government! Have some blog etiquette for Petes sake! Lmaooo
Oh wow looks like I have two new pals! Hey, just so you two idiots know.... it's not at all about the UE, it's about the lie! If you two dummys think i can pay my mortgage with $300 a week you're nuts! Whenever you two kids want to get out of your mom's basement let me know. I could probably help you out! Lol here's the thing dips**ts, If you don't like taxes you need to talk to your government! Have some blog etiquette for Petes sake! Lmaooo
Whether it's against company policy or not, IMO, any trucker should be denied unemployment for DUI.
Do you know what we do to people who get caught with marijuana? Way worse than not getting unemployment (and alcohol is much, much, much worse than marijuana.)
Whether someone has $300 dollars to barely cover their mortgage is irrelevant to the lives put at danger from drinking while intoxicated. I would be very upset if someone got unemployment due to a DUI.
Did you trust your old boss? If so, maybe he thought he was telling the truth but he got overruled by HR. Crappy situation (which you probably could have avoided) but it doesn't seem like there's much you can do.
Can you get a new job? I'm seeing tons of articles about truck driver shortages. Although I'd imagine a DUI would be a barrier to that.
charlotte 485, I appreciate your honest response. As i started it's not about the UE. But to shed some light on this situation conversation. As a driver we could have one beer one glass of wine or shot and be legally drunk. As to how drunk i was, i was charged and released keeping my license car was never impounded or none of that. As i was told any other night i would've been told to go on, but it was St. Patrick's day. No one's fault but my own So I'm not upset. I was looking for legal advise towards the company for the lies. UE.... i could take it or leave it. I have other means of paying my bills. So no one has to pay for me. People hear DUI and assume a Person is falling out of their car speeding all over the road can't speak correctly drunk. When really they have no clue. As i said, i do appreciate the two honest responses i got. Well one, to the point. Which is what i was looking for And yours 485. But next time guys lets ask questions instead of jumping to conclusions and assuming. Thanks again.
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