I was terminated for driving a work vehicle with an expired license.

[Brian Conlee]

What is the name of your state (only U.S. law)? California

My birthday was August 4 2013 and my license had expired without me knowing I am a truck driver and it just happened I had got pulled into the truck scales for a routine safety check on August 8, 2013 (4 days after my birthday) and the officer asked me for my license and I gave it to him and he told me it had expired 4 days earlier. I told him I didn't receive anything in the mail from the DMV regarding renewal. I told him that I had just renewed my drivers green card and he believed me and did not ticket me. He made me call my employer and had them come get the truck. No ticket was given to me or the company. The next day I was fired for gross negligence which I am totally at fault for, but it was not on purpose, if I would have known it had expired I would of taken care of it ASAP since this is how I earn my living. I filed for Unemployment and had an legibility interview and it's been 21 days since the interview and I have not received anything from Unemployment. The interviewer told me that I would receive the states determination in the mail in 10 days as to me being legible or non legible.. Do you think I will receive my unemployment benefits? I appreciate any help with this question that I can get. Do to cutbacks at Unemployment they only accept phone calls between 8-12 Monday- Friday. I have called everyday for one week and I can not get through. Thanks Brian

 

[CdwJava]

What is the name of your state (only U.S. law)? California

My birthday was August 4 2013 and my license had expired without me knowing I am a truck driver and it just happened I had got pulled into the truck scales for a routine safety check on August 8, 2013 (4 days after my birthday) and the officer asked me for my license and I gave it to him and he told me it had expired 4 days earlier. I told him I didn't receive anything in the mail from the DMV regarding renewal.

The DMV is not required to notify you.

And, if they had, is your current address updated with the DMV?

I told him that I had just renewed my drivers green card and he believed me and did not ticket me. He made me call my employer and had them come get the truck. No ticket was given to me or the company.

You are very fortunate.

The next day I was fired for gross negligence which I am totally at fault for, but it was not on purpose, if I would have known it had expired I would of taken care of it ASAP since this is how I earn my living. I filed for Unemployment and had an legibility interview and it's been 21 days since the interview and I have not received anything from Unemployment. The interviewer told me that I would receive the states determination in the mail in 10 days as to me being legible or non legible.. Do you think I will receive my unemployment benefits? I appreciate any help with this question that I can get. Do to cutbacks at Unemployment they only accept phone calls between 8-12 Monday- Friday. I have called everyday for one week and I can not get through. Thanks Brian

I don't see any reason why you might not receive unemployment compensation. And, I believe, it will be retroactive even if tardy.

Start looking for another job (after you renew your license) and maybe you will not have to collect unemployment after all.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

My birthday was August 4 2013 and my license had expired without me knowing I am a truck driver and it just happened I had got pulled into the truck scales for a routine safety check on August 8, 2013 (4 days after my birthday) and the officer asked me for my license and I gave it to him and he told me it had expired 4 days earlier. I told him I didn't receive anything in the mail from the DMV regarding renewal. I told him that I had just renewed my drivers green card and he believed me and did not ticket me. He made me call my employer and had them come get the truck. No ticket was given to me or the company. The next day I was fired for gross negligence which I am totally at fault for, but it was not on purpose, if I would have known it had expired I would of taken care of it ASAP since this is how I earn my living. I filed for Unemployment and had an legibility interview and it's been 21 days since the interview and I have not received anything from Unemployment. The interviewer told me that I would receive the states determination in the mail in 10 days as to me being legible or non legible.. Do you think I will receive my unemployment benefits? I appreciate any help with this question that I can get. Do to cutbacks at Unemployment they only accept phone calls between 8-12 Monday- Friday. I have called everyday for one week and I can not get through. Thanks Brian

Honestly? I don't think so.

Your employer fired you for gross negligence. It was gross negligence to operate a company vehicle with no valid driver's license. Not only was it irresponsible, given that you drive for a living, but had you had an accident, that could have affected the employer's liability for any damages you may have caused It was nobody else's responsibility to remind you that your driver's license was expiring before it did. Most states require renewal on one's birthday for the very reason that it is easily memorable.

One reason for denial of unemployment benefits is employee misconduct, and I do believe this clearly applies.

Note that California EDD does have an online correspondence system that you can use to reach them, and you can submit your inquiry any time of the day or night. While it may take a couple of days to get a response, they will give you the answer you're looking for (even if it's not the one you're hoping for). Here is the link to the page for reference: https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx

 

[Brian Conlee]

Honestly? I don't think so.

Your employer fired you for gross negligence. It was gross negligence to operate a company vehicle with no valid driver's license. Not only was it irresponsible, given that you drive for a living, but had you had an accident, that could have affected the employer's liability for any damages you may have caused It was nobody else's responsibility to remind you that your driver's license was expiring before it did. Most states require renewal on one's birthday for the very reason that it is easily memorable.

One reason for denial of unemployment benefits is employee misconduct, and I do believe this clearly applies.

Note that California EDD does have an online correspondence system that you can use to reach them, and you can submit your inquiry any time of the day or night. While it may take a couple of days to get a response, they will give you the answer you're looking for (even if it's not the one you're hoping for). Here is the link to the page for reference: https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx

Ok after looking at the website I found an automated number that I could call and check on payment history and apparently they deposited one weeks pay to a debit card. Don't know what debit card they are talking about.. The deposit was 7 days after my legibility interview.. I was able to send them an email with the link that you provided. Thank you very much..if indeed I will be getting the benefits they are 4 weeks behind, or they paid me for one week and then decided that I was not legible. Regardless I have not received anything in the mail after my interview.

 

[Brian Conlee]

The DMV is not required to notify you.

And, if they had, is your current address updated with the DMV?


You are very fortunate.


I don't see any reason why you might not receive unemployment compensation. And, I believe, it will be retroactive even if tardy.

Start looking for another job (after you renew your license) and maybe you will not have to collect unemployment after all.

Yes my address matches my license as I have lived here for twenty one years..thanks so much for your response.

 

[sandyclaus]

Ok after looking at the website I found an automated number that I could call and check on payment history and apparently they deposited one weeks pay to a debit card. Don't know what debit card they are talking about.. The deposit was 7 days after my legibility interview.. I was able to send them an email with the link that you provided. Thank you very much..if indeed I will be getting the benefits they are 4 weeks behind, or they paid me for one week and then decided that I was not legible. Regardless I have not received anything in the mail after my interview.

EDD now pays via a debit card that they provide. It's linked to Bank of America, and establishes a separate debit account for just your EDD benefits. Your benefits will be direct deposited the day after your claim is processed, and you can use the card just like any other debit card with a VISA logo.

 

[Brian Conlee]

EDD now pays via a debit card that they provide. It's linked to Bank of America, and establishes a separate debit account for just your EDD benefits. Your benefits will be direct deposited the day after your claim is processed, and you can use the card just like any other debit card with a VISA logo.

Sandy Claus thanks for your help. I now have to find out where this car is and find out why I have not heard back from them. I realize it was my fault the license was expired but the company or I didn't receive any kind of ticket, the insurance company doesn't know about it. It was an honest mistake, I never set out that morning to hurt the company or myself. Anyways thanks again.. Brian

 

[sandyclaus]

Sandy Claus thanks for your help. I now have to find out where this car is and find out why I have not heard back from them. I realize it was my fault the license was expired but the company or I didn't receive any kind of ticket, the insurance company doesn't know about it. It was an honest mistake, I never set out that morning to hurt the company or myself. Anyways thanks again.. Brian

Here's the online guide about the EDD debit card:
http://www.edd.ca.gov/about_edd/The_EDD_Debit_Card.htm

and the FAQs page:
http://www.edd.ca.gov/about_edd/FAQs_The_EDD_Debit_Card.htm

 

[swalsh411]

A license expired by 4 days is an administrative technicality. Irresponsible? Yes. Gross Misconduct? Hardly. The OP was still fully capable of safely operating the vehicle. It's not like he was driving drunk or in a reckless manner.

I do not think you will be disqualified from benefits due to misconduct.

 

[CdwJava]

I would tend to agree that this would not constitute gross misconduct. My guess there is another glitch in the system ... or, maybe a dispute by the employer?

 

[cbg]

FYI, the standard for denying unemployment is misconduct, not gross misconduct.

I am leaning towards not getting UI since it was the responsibility of no one but the poster to renew his drivers license, particularly where he needs it for a living. It was completely irresponsible of him not to be paying attention. But this being CA, I would not want to take a definite stand either way.

 

[Zigner]

But this being CA, I would not want to take a definite stand either way.

I was just going to say that...

 

[CourtClerk]

I would tend to agree that this would not constitute gross misconduct. My guess there is another glitch in the system ... or, maybe a dispute by the employer?

Actually, EDD updated their computer system a couple of weeks ago and like all great computer systems used by CA government, the minute they went live, the whole thing crashed. There are 50,000+ claims that are sitting in limbo and people haven't been paid or things are missing from early August until now....

My cousin had a determination hearing in late July. She hasn't heard anything. No status. No denial. No award and since everyone is trying to get their benefit situation fixed and their phone reps only answer the phones between 8-12, people are having a hard time getting through. Apparently, EDD is offering overtime to their employees to get this mess fixed and caught up

 

[OHRoadwarrior]

An "honest mistake" that could potentially have cost the company millions you mean.


(Gee officer, that gun I fired into the crowd didn't hit anyone, why are you making such a big deal out of it?)

Sandy Claus thanks for your help. I now have to find out where this car is and find out why I have not heard back from them. I realize it was my fault the license was expired but the company or I didn't receive any kind of ticket, the insurance company doesn't know about it. It was an honest mistake, I never set out that morning to hurt the company or myself. Anyways thanks again.. Brian

 

[cbg]

No one is questioning that it was an "honest mistake" in the sense that you did not do it deliberately and there was no intent to cause trouble for yourself or your employer.

But what some of us are trying to get across to you is that when you drive for a living, it is up to you - not the DMV, not your employer, not anyone else, just you - to know when your drivers license expires. It's up to ANYONE to know that, but it is particularly important when you need that license for a living. If I forgot to renew my license, my husband would have to drive me to the train for a few days till I got it taken care of, but it wouldn't affect my job in any way. My employer doesn't know or care if I HAVE a drivers license, let alone if it is expired, because I don't need to drive for work. You, on the other hand, put yourself in a situation where YOU WERE BREAKING THE LAW BY DOING YOUR JOB. And that's trouble for your employer whether you intended to do any harm or not. It could potentially have affected their insurance and the fact that it did not does not mean you are off the hook.

The EDD may or may not think this is significant enough to deny benefits. As I said, this being California where employees are allowed a GREAT deal more latitude (and employers less), it may not. I suspect in most states it would unless you were able to show that you'd tried to renew it on time and that through circumstances outside your control, you failed. But CA does not follow the same direction as many states.

I am not yelling at you or being snarky. I am explaining why the fact that it was unintentional does not matter and to a certain extent makes it worse.