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On 6-5-2005 while off of work I got a "dui" and when I told my boss about it I was fi

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lopez3490

Junior Member
On 6-5-2005 while off of work I got a "dui" and when I told my boss about it I was fi

What is the name of your state?caOn 6-5-2005 while off of work I got a "dui" and when I told my boss about it I was fired for "Liability" issues. Now my aplacation to collect unemployment inshurance benifits has been denied by the EDD dept saying I'm not eligible under California code section 1256 & 1256A. I'm apealing it and have a teliphone interview today between 10 and 12 noon. Do I have any chance of winning my apeal and collect my benifits?
 


Beth3

Senior Member
What sort of job did you hold before you were fired? Did it involve driving a company vehicle or your own vehicle on company business? And has your driver's license been revoked or suspended?
 

cbg

I'm a Northern Girl
How many answers did you want?

If your job involved driving it is unlikely that you will win your appeal.
 

TamaraL

Junior Member
If your company required you to keep a clean driving record, then the decision probably won't be overturned. Less than 1 hour is not much time to give to respond, especially in the morning hours when most people are at work.
 

cbg

I'm a Northern Girl
And especially considering that Beth asked a very pertinent question, and there was very little point to anyone else answering until you responded to it.
 

Bcar1463

Member
You probably won't be able to collect unemployment. It is given more to people who are laid off from work. It appears you were fired because you no longer qualified for the position because of the DUI, which is directly related to your job.
 

Beth3

Senior Member
I agree. You very likely won't be eligible for unemployment benefits. It was your responsibility to maintain a valid driver's license and keep your driving record clean of DUI's or other offenses that would indicate you are an unsafe driver or that would result in your license being suspended or revoked. Unfortunately, you made the decision to drink and drive.

BTW - if your employer allowed you to continue to drive after receiving a DUI and it should happen that you had an traffic accident on the job while under the influence and others were injured, the employer would have huge liability.
 

lopez3490

Junior Member
Oh my God!

I'm seeing were this is going and really do apreceate all of you folks giveing me some input on this, I also did'nt mean to be rude to anybody it was just that my telephone interview with EDD was a hour away and I still did'nt have a clue what to say. I've been a big rig driver for 19 years now and the last almost 10 of those years have been spent with my last employer. I've been on swing shift for the last 7 years now and drop off air cargo to SFO every nite. I've bilt up a great repore with so many people in the bay aera,from the many big hi-tech companys to the peers in my same buisness and alike, many of whom I consider personal freinds. Some who I should also of not made freinds with, unfortuneitly.. have made the biggest and worst inpacts on my life meaning beeing coaxed into trying illeagal substances. So on 6-5-2005 I got off work and headed home, I was pulled over when I noticed a car seeding up behind me and moved over riteaway cause I thought it would hit me then it got rite behind me again and I saw that it was the police and he "lit um up" I was arrested for dui of meth.The next day I was fired. Now my whole life has fallen apart!
 

cbg

I'm a Northern Girl
It was a METH DUI?

My friend, unless your employer says or does something appallingly stupid during the hearing, your chances of collecting benefits are less than zero.
 

lopez3490

Junior Member
Thanks anyway

OK, Well thanks anyway, at least for your honesty. I guess I'm "sol" What if I talk to my past employer,would it do any good? are they the ones that are deniying my unemployment,If they would agree to give it to me would the EDD fallow suit? PS: yes I'm in CA. Thanks. :(
 

TamaraL

Junior Member
I think you shouldn't talk to your previous employer, it might seem that you were harrassing them. They are the ones denying your claim, if they agreed then you would receive benefits but i think this is extremely unlikely to happen.
 

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