my 39 yr. old son worked as a damage estimator for about 5 yrs. for a Portland auto body shop. He got a DUI in Vancouver,WA because he was guilty and wrecked his truck. He did a day in jail in WA, and lost his license to drive in Oregon and had to install a breathalizer on his car. When he was hired, he had to sign a statement that his job always required a driver's license because he moved customers' cars regularly as part of his job. He lost his job because of this agreement but he told us he is in-eligible for unemployment benefits (forever?) It doesn't seem right to me for him to pay for unemployment insurance and not receive benefits after a time. Please advise. Merle Hanson(NNN) XXX-XXXXXXXXX@XXXXXX.XXX
Country relating to Question: United States
State (if USA): Oregon
David (the son with the DUI) hired a lawyer after his incident and hasn't complained about the results he got, but I am very disturbed about his in-eligibility receiveunemployment compensation ever because he signed a statement when he was hired, that he understood his job required him to possess a drivers' license to drive customer's cars even on the premises. He's paid into this insurance for yrs. and I feel he's entitled but he doesn't. Please call XXXXXXXXXX David
Thank you for your question, Ms. Hanson.Who specifically informed him that he is not eligible for unemployment, the agency?
It is a family business and I believe it was a son-in-law that told him. He's been there about 5 yrs.
Thank you for your follow-up, Merle.My apologies, now I am confused. The family business representative told him that he could not ever obtain unemployment, or that he is terminated, or both?
the State office.
The state office told him?Then what does the son-in-law have to do with it? Could you please explain so I can best respond, thank you!
the son-in-law fired him, and when he told the State un-employment people about the form he signed, he was told he's not eligible. The son-in-law was his boss
Thank you for your follow-up, Merle.My apologies on the questions, I just wanted to be sure that we were both on the same proverbial page about this situation.To answer you directly, The state agency is correct to deny him benefits. The reason is because he did not lose his job without cause, he lost it because he could no longer perform the tasks that he was hired to perform. Since that is not a 'without cause' termination, he is not eligible for benefits. Because he signed a contract making his license essential to employment, losing the license was a breach under which the employer could terminate and contest his petition. This does not mean your son cannot pursue benefits later on if he obtains employment with someone else and later loses it without cause of his own, but in this particular situation, solely due to the contract he signed, the agency could deny him his benefits because he did not lose employment without cause.Good luck.
Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate my service as either "Bad" or "Poor”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!
very happy with the quality of your answer. my son is on the phone and i read him your report. you are 4 star or better.
Thank you for your follow-up, Merle, I truly appreciate it!If satisfied, you should see either faces or stars below, and I ask you that you rate me accordingly because that is the only way I get credit for my work. Good luck to you and take care!Dimitry Esquire41094.2575933218
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).