dui/lostjob

[johnh1945]

What is the name of your state (only U.S. law)?
Florida)I am or was a garbage truck driver for 4years at the same company I was pulled over and charged with a dui for refusal to blow I was not offered a non driver position in the company because they said non was available I tried then to apply for unemployment but was denied because they said it was misconduct connected with work,i preceeded to get my licence back I asked for my job back they said it was not available yet until i beat my case i beat my case and applied for unemploment again thinking i would get it because i could prove that it was not my fault i have proof saying the officer ad no reason to stop me so how is me getting fired my fault. can i get unemployment.my job back or sue the police dept for me losing my job

 

[eerelations]

Your former employer is not required to give you your job back.

The police department did not cause you to lose your job; this was your former employer's decision.

You may or may not get UI benefits if you follow the UI people's appeals procedures.

 

[pattytx]

When it comes right down to it, YOU caused you to lose your job. Of course it was your fault.

 

[commentator]

If your unemployment claim was denied, and you did not beat your case and file an appeal for unemployment within the appeal time frame window, (fifteen days usually) it doesn't matter if you now have a letter from God saying this was not your fault and you did not do misconduct. The only way you could get unemployment after the timely appeal date passes is to work somewhere else and be laid off from that work through no fault of your own, after making re-earnings enough to count.

If you still have a legitimate timely appeal to make, you would present the re-instated license at the hearing and explain that your employer has no job to offer you now.

I'd say that if you refused to blow, you were doing so of your own free choice. Even if you did get your license back later, I don't understand how you can say the officer "had no right to stop me." If you were driving down the road, cold sober, and you were stopped, why didn't you just agree to the sobriety test and pass it?

Under the circumstances, the employer had no choice but to remove you from your driving job. Unemployment was denied because you were discharged from your driving job because of losing your credentials, which was considered to be based on a personal choice you made (to drink and drive) and the police ticketed you due to a personal choice, your refusal to take a breathalizer.

 

[GonzoFL]

I'd say that if you refused to blow, you were doing so of your own free choice. Even if you did get your license back later, I don't understand how you can say the officer "had no right to stop me." If you were driving down the road, cold sober, and you were stopped, why didn't you just agree to the sobriety test and pass it?

if you were sober,which you should have been,why in the hell did you refuse the breath test? You have 20 days from the date of the lower adjudicators denial of UC benefits to file an appeal. Good luck

 

[pattytx]

Sorry, I cannot wish this person good luck.