• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

terminated from job need advice on ui appeal Az

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ckapusci

Junior Member
What is the name of your state (only U.S. law)? : Arizona

Hello all,

I was recently terminated from my job as a social worker because I received a dui

I was getting promoted within the company to a coordinator that day I told them(in less than a year)

I was a huge asset to the company and did my job very well with no Complaints EVER!

I went out to celebrate my promotion with friends and received a DUI.

I was very honest with my employer and let them know about it and was terminated immediately.

As my job description I was required to transport young adults around. And in receiving the DUI my company showed evidence that my finger print clearance card was knocked down to a level one which says I cannot transfer individuals for my job.

Although there were other positions open within the company that they could have transferred me to where I wasn't required to transport individuals. And part of my promotion included a HUGE decrease in transporting individuals around.

I feel they could have easily transferred me until my case was dismissed. I am still innocent until proven guilty and was very honest with them instead of hiding it. In fact there are others in the company who has received a DUI and have not yet reported it to them.

As part of my job I was entitled to teach these young adults independent living skills such as taking the bus on there own. So I feel that could have been an asset to my job where I could have taken the bus with them rather than driving them around.

I have my UI appeal tomorrow morning and need some advice on to how I can win this case. I am so broke I cant see straight and need help.
 


Zigner

Senior Member, Non-Attorney
As part of my job I was entitled to teach these young adults independent living skills such as taking the bus on there own. So I feel that could have been an asset to my job where I could have taken the bus with them rather than driving them around.
Are you really twisted enough to think that the fact that you HAVE a DUI and MUST use public transportation makes you some sort of role model?
 

swalsh411

Senior Member
Two issues here.

First, your termination was not unlawful. Forget any notion of a wrongful termination lawsuit. You aren't "innocent until proven guilty" when it comes to your employer.

Second, at the hearing the determination will be made whether your DUI (which I presume occured away from work and off the clock) rises to the level of misconduct. Based on what you provided I would say it does not. Have you receive DUIs in the past or been warned about your drinking?
 

ckapusci

Junior Member
think you misunderstood.

No im not twisted.

I have never ever in my life been in trouble with the law. I drank a total of 3 beers and then drove home.

What I mean by the bus is im a direct support specialist and in my job duties I teach the kids how to use the bus because they have mental disabilities and do not know how on there own. So most of the time I don't even drive them rather I teach them how to ride the bus. That's what I meant by that.

I am not convicted of a dui at all yet. My lawyer is being clear that it will be knocked down to a wreck less driving. But in the mean time I am jobless and need some income.
 

ckapusci

Junior Member
Two issues here.

First, your termination was not unlawful. Forget any notion of a wrongful termination lawsuit. You aren't "innocent until proven guilty" when it comes to your employer.

Second, at the hearing the determination will be made whether your DUI (which I presume occured away from work and off the clock) rises to the level of misconduct. Based on what you provided I would say it does not. Have you receive DUIs in the past or been warned about your drinking?


What do you mean rises to a level of misconduct?
 

cbg

I'm a Northern Girl
Unemployment benefits are denied when the UI adjudicator determines that the claimant engaged in misconduct sufficient to warrant benefits being denied. Eligible claimants must have lost their job through no fault of their own - when the claimant has engaged in misconduct, then that's not "no fault of their own". A DUI may well be considered misconduct, but I've seen some odd decisions from the UI commission in both directions, and a lot will depend on your employer's policies and procedures.

As already indicated, nothing you have posted suggests that your termination was anything but legal. Prevailing in a UI claim has no bearing on the legality of your termination.
 

ckapusci

Junior Member
Unemployment benefits are denied when the UI adjudicator determines that the claimant engaged in misconduct sufficient to warrant benefits being denied. Eligible claimants must have lost their job through no fault of their own - when the claimant has engaged in misconduct, then that's not "no fault of their own". A DUI may well be considered misconduct, but I've seen some odd decisions from the UI commission in both directions, and a lot will depend on your employer's policies and procedures.

As already indicated, nothing you have posted suggests that your termination was anything but legal. Prevailing in a UI claim has no bearing on the legality of your termination.


I understand what I did was not OK . But I was very honest with them and felt that they could have relocated me within the company. I understand it wasn't there responsibility to do so, But because I was being promoted to a different position where I wouldn't need to drive the kids around very much , I felt they could have worked with me on that.

Overall I am searching for jobs like crazy but cannot find any yet. I just need to win the appeal some how, so I can pay my bills for the time being. Im looking for anything I could use to win the case.

I am totally innocent with NOTHING on my record as of now, expcept the restriction to drive others around.

I busted my but for the company and did a more than amazing job.
 

cbg

I'm a Northern Girl
Just because they COULD have worked with you in a different position has no bearing whatsoever on either the legality of your termination or on your appeal. The question is not, could the employer have done something differently with you, but whether or not what you did is sufficient to deny benefits.

When Commentator gets here, she will be able to address how you want to manage the appeal. But you need to get off this hobbyhorse of, The company could have moved me to a different position, because that is completely immaterial to the question at hand and will not help you.
 

ckapusci

Junior Member
well thank you for ur help. I was just using that " they could have relocated me" because that's all I have for my case. Im not some low life trying to live off unemployment benefits. I truly just need help until I can find another job. Anything you think I could use in my case would be helpful.
 

cbg

I'm a Northern Girl
I understand, but that's not going to help your case. The UI office isn't interested in what the employer could have done; they're interested in what you did do.

Wait for Commentator. She's the best we have at that kind of question.
 

commentator

Senior Member
Okay, I'm here. And I agree with some of what has been said. This isn't a moral issue, though. Whether or not it was right for you to drink and drive is not the question. The question is, does your behavior rise to the level of gross work related misconduct to the point that the employer had the right to terminate you the day after it happened and have you denied unemployment benerfits.

Usually the company is within their rights to fire someone whose job description involves driving a company car or to transport people, something where keeping a valid driver's license was listed in the company handbook as part of the job description or requirements if they lose their license to drive. Truck drivers who get caught for DUI during the weekends when they're not driving for the company are almost always denied benefits. But you weren't a truck driver. Driving was not your principal job, just a part of your job.

I would assume that your job, since it did involve transporting clients, is one where, if you lost your license, you could reasonably be terminated. It's sort of like you losing your license to teach, and they fire you from being a teacher.

But okay, first you say you "got a DUI." My question is, did you go in the day after you got charged, and were given a summons to appear and all that, and told them what happened? Did you have to call in to work because you were incarcerated? Did you go in and say, "Hey, guess what, I got a DUI!"

If you were not actually relieved of your license on the spot, or required to spend time in jail for which you had to be off work, I would question why you went in and told them. If, as you say, there is someone else working there who is waiting to come to trial on a DUI charge who has not informed the employer, it's not really their bad, it's enough to make me wonder why you were actually required to go in and tell them what happened?

If you weren't, of course you will say in the hearing that the reason you told them immediately was that you wanted to be perfectly open and honest with your employer, and that you wanted to handle the situation in a professional way.

You say you were fired on the spot. Exactly what did they say? Did you present this as a situation in which you had been cited, but your attorney says that you may not lose your license? Are you going to plead this down to a reckless driving (not Wreck-less, incidentally!) and be able to keep your license? Are you going to keep a restricted license? If so, did you tell your employer this? At the time you told them, did you propose any sort of alternative to them firing you? In other words, did you request that you might continue to work for them in some other sort of position until this issue was resolved? If so, you'll certainly want to mention this during the hearing.

What, to your knowledge, does the employee handbook say about maintaining a driver's license? What was your understanding about whether or not you had to report it to them immediately? What did you try to do to resolve the problem/situation? This would be how you would frame your situation.

Above all, mention that you have worked for this agency for so many years, that you have not had any problems in the past concerning any sort of issues, and your driving record has always been impecable. (If you can honestly say this!) Be sure and mention that you were on the verge of receiving a promotion.

Whatever you do, DO NOT admit you went out to celebrate your promotion and tied one on. Simply say that you were with friends, that you had had three beers over the evening and that you were stopped and charged. Say that you have retained an attorney, and (if this is true) that you have not lost your license yet, and that there is a very good possibility that the charged will be dropped and you will not be losing your license.

Do not bring up that your co worker has had a DUI charge and hasn't told them yet. Your case is unique, keep it about your case.

Do not tell them how desperately you need the money. Unemployment insurance is not a needs based program, and it does not have anything to do with your level of need, just whether or not your firing rises to the level of
work related GROSS misconduct. In other words, you did something so bad that you should have known that
it was wrong to do it, even one time AND that what you did, your bad act, was vitally related to your job.

In other words, you are caught molesting a child outside working hours. They can fire you, but they cannot stop you from being approved for unemployment benefits, because your misconduct, your gross misconduct, occurred on your own time, had nothing to do with your work as a dry wall hanger. But if you are a kindergarten teacher, it's another story. If you work at a day care, firing you for turning out to be a pornographer may qualify as work related gross misconduct. See what I'm getting at?

If you had been drunk driving and hit a bus load of children while driving on the wrong side of the interstate that would have possibly been gross misconduct for someone who is setting an example for young teens.

But it has very little to do with your keeping the requirement of the job, which is a valid driver's license, I'll bet. Forget the "moral" immplications of having someone who has been arrested for drunk driving supposed to set an example for these innocent teens. That isn't really a work requirement. Setting a moral example is a very vague concept, could involve not getting tattoos or speeding tickets. If they used that argument to justify firing you, it will not serve them well in the hearing.

Your best bet is to go in and be very professional, very low key, and state that you reported the incident, which is certainly the first of its kind in your whole lifetime, for the sake of being professional and keeping your employer updated. You were told you would be fired on the spot. The employer said, "......yada yada..." You requested that they consider your years of good service, and allow you some time to work on this situation, possibly giving you another job where driving was not a requirement. They did not agree to do so. You asked if you could re apply for your position if and when the situation was resolved and if it turns out your driver's license is not lost. You were just told to leave, that you were fired. You had always done the job to the best of your abilities, and you were very disappointed that your employer has not seen fit to give you a chance to resolve the situation before they fired you arbitrarily.

Dress nicely for the hearing. Do not bring in a beverage. Do not argue, break in or appear to have any sort of attitude, no matter what is being said. Listen carefully to what the hearing officer says. Answer any questions they may ask with care. There are several ways this could go. You may or may not have a chance, depending on how well you present, exactly what the employer's stated policies are about this situation, and the facts of your situation as far as driver's license, whether you had to do jail time, whether or not you were professional in your presentation of this incident to your employer.....you have a shot, but not by any means a slam dunk.

By the way, what did the initial decision say, verbatim, was the reason your claim was denied? That would be helpful for me to know in preparing your presentation for the appeals hearing.

You say your hearing is tomorrow. Is that New Years Day? Very interesting!
 
Last edited:

ckapusci

Junior Member
Hello,

Thank you for reading through my situation


I received the DUI a few days prior to going in and letting them know about it. Reason being is I don't work out of the office I rarely go in there as I am out in the community a majority of time. I had a scheduled meeting to discuss my promotion and I figured that would be a good time to tell them, I told them because I wanted to be professional and since I was being promoted I wanted to be honest with them so I didn't "screw" them over in a sense.


I was not relived of my license on the spot in fact I still have my license as of now.


When I told them about my DUI my coordinator went and talked to HR manager. She came in shortly after and let me know I was being terminated immediately. I was a little emotional at the time. I let my coordinator know that I had hired a top end lawyer and was working on getting it erased from my record or knocked down to a reckless driving. At the time I was a little embarrassed and emotional to beg for my job. However I did call them later to better understand why they fought against my unemployment and they explained that I had a restriction against my driving where I was unable to transport individuals. At this same time I also asked if everyone in the company needed to have a clean finger prints clearance card and she avoided the question . She basically told me no others in the office didn't have to have a clean card and that they were hiring for office assistant positions at the time, but didn't quite encourage I apply for them.


I believe the employee handbook says we need to have a clean driving record and report any accidents or citations to our driving record. But my employee handbook doesn't get into very much detail at all. Once again only reason I told them is because I thought it was the honest thing to do.


My claim was denied because it states:" I was discharged from UI because of an off -duty incident which adversely affected or could have adversely affected your employer. A disregard of your employer has been shown"


My employer provided documentation of a letter stating that I had a restriction in transporting individuals around for work.


I have no documentation other than my argument against it.

Overall I feel I did an excellent job at my company.


Please let m know anything else I could answer.

And thank you so much I appreciate the advice more than you know.
 

Just Blue

Senior Member
Hello,

Thank you for reading through my situation


I received the DUI a few days prior to going in and letting them know about it. Reason being is I don't work out of the office I rarely go in there as I am out in the community a majority of time. I had a scheduled meeting to discuss my promotion and I figured that would be a good time to tell them, I told them because I wanted to be professional and since I was being promoted I wanted to be honest with them so I didn't "screw" them over in a sense.


I was not relived of my license on the spot in fact I still have my license as of now.


When I told them about my DUI my coordinator went and talked to HR manager. She came in shortly after and let me know I was being terminated immediately. I was a little emotional at the time. I let my coordinator know that I had hired a top end lawyer and was working on getting it erased from my record or knocked down to a reckless driving. At the time I was a little embarrassed and emotional to beg for my job. However I did call them later to better understand why they fought against my unemployment and they explained that I had a restriction against my driving where I was unable to transport individuals. At this same time I also asked if everyone in the company needed to have a clean finger prints clearance card and she avoided the question . She basically told me no others in the office didn't have to have a clean card and that they were hiring for office assistant positions at the time, but didn't quite encourage I apply for them.


I believe the employee handbook says we need to have a clean driving record and report any accidents or citations to our driving record. But my employee handbook doesn't get into very much detail at all. Once again only reason I told them is because I thought it was the honest thing to do.


My claim was denied because it states:" I was discharged from UI because of an off -duty incident which adversely affected or could have adversely affected your employer. A disregard of your employer has been shown"


My employer provided documentation of a letter stating that I had a restriction in transporting individuals around for work.


I have no documentation other than my argument against it.

Overall I feel I did an excellent job at my company.


Please let m know anything else I could answer.

And thank you so much I appreciate the advice more than you know.
What was your BAC?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top