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on suspension or can quit do to d.u.i . am i eligible. Also

6 years working in az...
on suspension or can quit do to d.u.i . am i eligible. Also 6 years working in az , but latest company is out of state nv. had a cdl driving truck.
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2/21/2013
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,043
Experience: Experienced in multiple areas of the law.
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Thank you for your question.

I assume you are asking if you are eligible for unemployment? First of all, you should know that the company is paying unemployment insurance to the state where you are working.

That said, regardless of the state you are working in, in order to be eligible for unemployment, you must be determined to be unemployed through no fault of your own. Thus, if you quit, you are unemployed by choice, so would not be eligible. Merely being suspended is also not enough, since you are not technically unemployed; you are still working for the company but prohibited for a period of time from returning to work.

The bigger roadblock, and what ultimately may prevent you from receiving unemployment compensation, however (even if your employer terminates you) is that if you are deemed to have been terminated for "misconduct" you would be ineligible.

Misconduct on the job can be many things, but essentially it is acting in disregard to an employer's interests. If the reason for the suspension, and then let's say later on, termination, is due to the fact that you were drinking, and this drinking interfered with your ability to do your job, the employer is going to allege that you were terminated for misconduct because I'm sure policy is that as a driver with a CDL, you utilize care to not do anything that would jeopardize that CDL and the ability to haul for them.

Therefore, while I think you should still file for unemployment should you lose your job (the worst they can say is no, and then you have the right to appeal the decision) I have to be honest and tell you the chances of getting it are slim.
RobertJDFL
RobertJDFL, Lawyer
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