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denied unemployment benifits due to gross misconduct resulting from off the job DUI

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csi7

Senior Member
File the appeal.
Put your timeline in order with all the information you have from the beginning.
As commentator explained, there are some questions that the appeals hearing officer/judge will ask based upon your answers.
Keep to the facts. Also only answer the question asked.
Stay calm and focused during the hearing.
 


mjk75

Junior Member
Really think there is a fair possibility of appeal rights here. Gross misconduct will probably not fly for the appeals judge who is experienced in unemployment law.

It is very significant that the termination did not occur immediately after you had notified them. But do I not understand that you did get a conviction the first time? You said this one was second offense, so apparently you were convicted for first offense DUI the first time? If so, then you weren't being Johnny eagle scout by notifying them the first time, you were simply following the company's rule. Do you have a copy of the first letter, the one they gave you back when you got that first one? If so, does it state that it is a warning and what will happen if this happens again? If so, it's a letter of warning.

Even so, gross misconduct is probably not going to hold up here, in your unemployment appeal that is. Even if you have to be insurable to work there (I'm curious whether this is the case, if you were told so in the warning letter, seems not to say this in the handbook) Gross misconduct would've been more like having a DUI or alcohol related accident in a company vehicle while on company time.
-- the first offense resulted in a PBJ. It is my understanding that is not considered a conviction and therefore, I was not required to notify them, but did anyway (a decision I now regret) prior going to court. The personnel manual states they need to be informed of a conviction within five days of the hearing date; I never should have said anything back then and I firmly believe I would not be terminated now. Like I mentioned earlier, they said they were willing to "work with me", even knowing about the points on my driving record until she discovered that previously sent letter. So I believe the point issue and good driving record argument are loosely interpreted by HR.

I do have the letter they sent me three years ago regarding that. It states in part (and this was sent even before I went to court), "We have decided to defer any action on our part, at this time, until the disposition of the charge at your scheduled hearing. At that point, we will review the outcome of the case with you, as well as the specific circumstances relating to the court decision and make a final decision as to whether disciplinary action is warranted in your case. Until such a final decision is made however, you should be aware that any further infractions may result in immediate disciplinary action up and including the termination of your employment"

Definitely a warning. However, there was no follow up after that letter. No one met with me as stated or even asked (that I can recall) how the case turned out. I just figured I was protected since there was no formal conviction and I didn’t want to keep bringing it up with them. They never followed up.

I did have to drive during company time, but my own vehicle insured by me. I was not on any company insurance coverage. The letter stated I need a valid driver's license in order to remain employed. No one requested my driving record at that time, but of-course since I received a PBJ, no points were assessed on my driving record. Luckily, my current vehicle insurance provider has not discontinued any coverage and I am insured as I always was, still completely capable of carrying out my job responsabilites…

ok, thanks again to everyone. A lot of good information and advice that is appreciated. Sending in the appeal tomorrow.
 
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davidmcbeth3

Senior Member
OP stated a good driving record is necessary for employment, this can only mean he's driving on co time. The cos insurance carrier has a say in who they insure and do not. All places i've worked when driving is involved a DUI conviction is automatic termination. DUI on co time or personal doesn't matter.
I dont think that anyone believes that the employer cannot fire an employee for these reasons. The question is : is it cause for a denial of unemployment benefits?
 

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