I got fired from my job for getting a dwi. I was not working at the time. Can I collect NYS unemployment?
My boss sais he cant afford to have me under his car insurance because of this dwi so he has to let me go. He also said I cannot collect because it was my fault. Is this true? I had this job for about 2 years.
Best Answer :
True. He fired you with cause – getting a DUI. Assuming your job duties involved driving, he's well within his rights.
Other Answer(5) :
Well you can still apply but I am willing to bet that your employer is going to fight you on it. You will get a letter saying whether you were approved or not and if not they give you a chance to appeal but since you got a dwi I don't think you will win that one as it was 100% preventable on your part.
No you cannot collect unemployment because you were fired for just cause. Your actions led to your termination so it was your fault. You can apply for unemployment if you want to but you should expect that your employer will fight your claim. Unemployment will speak with your employer to find out why you are no longer employed. When they find out that you were fired for getting a DWI your claim will be denied. You have the right to appeal their decision with a hearing in which you and the employer present your case to the unemployment officials. There is really nothing you can say that will make unemployment change their mind.
At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., has not recognized a union). Under this legal doctrine:
“any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
There should be a company policy manual. Companies generally make one up, which should spell out the company's policies for all sorts of things, including dwi. You're usually supposed to get a copy of this when you get hired. If you have it, or if you can get a copy of it, then check it out for their rules on dwi. If it says that you can be terminated for a dwi, then you're out of luck. But if it doesn't, or if it doesn't mention dwi (or anything similar) at all, then you may have a way to fight it.
Go ahead and apply for unemployment. It doesn't hurt to try. And if they turn you down, you can always contest it.
If your boss won't give you unemployment, then at least ask him for a good job reference. Just be nice about it, and tell him that it was a mistake on your part and he isn't firing you due to bad work.
Unfortunately, unless you have an employment contract with a company (written, documented, and signed by you and the employer, which is rare), you can be fired for any reason whatsoever, and with no notice or anything. The only requirement is that there was no discrimination involved (which is usually hard to prove).
Your other option is to get a lawyer and try to fight the dwi. You might be able to get it reduced to a lesser charge.
First of all, it's not up to your boss whether he "gives" you unemployment. You are free to apply just like any other person, and the eligibility decision will be made by your state's unemployment department. It's not up to your former employer whether or not you qualify.
Having said that, it will all depend on whether or not an off-duty DWI is considered misconduct in NY. If it is not, you will be eligible unless there is some other reason why you would not be. If it is not then you probably will not.
It may be true.
I drive a company car….getting a dui…regardless if I'm working and regardless of what car I'm driving is grounds for termination.
DUI as a grounds for termination is a pretty common condition for any one who drives a company vehicle.
Go ahead and apply for unemployment…but expect to be turned down. You were terminated for cause.