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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117358
Experience:  20+ Years of Employment Law Experience
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I live in South Carolina and I was terminated due to

Customer Question

I live in South Carolina and I was terminated due to misconduct connected with the employment under the South Carolina Code, Section 41-35-120(2)(A). I was terminated due to having more than 2 or more on my MVR within a Three year period. I two many points on my record by this standard when I was hired, and when I was promoted. I gave permission for them to check my record when I was hired and was told that it was done at that time as a background check.
The policy is not publicized in the Employee handbook nor is it in the company HR intranet. I was given the termination in writing.
I have been penalized by 20 weeks of unemployment. The company is not rehiring for the position, I believe it was a cost cutting measure and they just used my mvr as an excuse.
Read more: http://www.justanswer.com/employment-law/701ow-live-south-carolina-terminated-due-misconduct.html#ixzz3tpP9KPBT
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if driving is a part of your job, the employer has a legal right for their insurance purposes to check drivers license records and if there were multiple accidents this can be considered good cause directly related to employment for denial of benefits. In an appeal, you would have to prove that 1) the accidents were not your fault or 2) that driving is not a requirement of the job and 3) that the employer never made you aware of such policy, to show that while there were accidents in violation of the employer's policy, you did not know the policy existed AND the accidents were not avoidable and as such no fault of your own or that the driving is not essential for you to perform your job duties.
Pursuing an unemployment appeal without a local unemployment attorney is not the best idea and if at all possible you should engage a local unemployment attorney to represent you in the appeal, as they do not charge up front, but charge based on what benefits they can win for you.
Customer: replied 1 year ago.
Your saying that I was able to be hired with a record that would not have allowed me to drive a company vehicle. I was promoted to a position that I had to drive for my job with a record that would not have allowed me to drive a company vehicle.
In addition, I did not know the policy, due to it not being published in the employee handbook, company management manual, or company intranet HR, and yet I still lose my benefits even though the company is not re hiring anyone for this position?
Customer: replied 1 year ago.
This seems completely underhanded.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply and additional information.
If you had these same three accidents upon being hired and not after you were hired, then you have grounds to argue that since they hired you knowing of the information (or should have known, since you authorized them to check), then it is certainly NOT misconduct sufficient to warrant denial of benefits. Had the accidents been since you had been hired, that would be sufficient, but if they existed since the time you were hired, this is in your favor that the misconduct is not significant and related to your employment and that is the basis for your appeal.
Customer: replied 1 year ago.
What about if the accidents and speeding tickets were after your employment but are were on your record when the company promoted you to the position that required your driving for company business? I was hired on 4/2/2015 with to many incidents on my record (required and allowed to drive) Transferred to another facility 70 miles away in a position that I was required and allowed to drive a company vehicle 5/2013. Received more tickets getting to the job 70 miles away. Promoted to a position that I was required to drive more and allowed to drive 3/2015. The Manager that promoted me was aware of every ticket that I received, but never warned me or otherwise gave me notice of the peril my job was in. I was never sent an email or other wise made aware of this policy. The policy is not in writing to the employees.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
While it could still be grounds for termination, if the employee was not aware of any such policy (as I said in my first answer) this can be a basis for defeating their denial on appeal if this is not something that is directly related to your job (for example, an employer does not have to have a policy saying you cannot sleep at work for it to be grounds for denial of benefits, but if the employee is filed for not calling in to be off work in a certain manner, just for example here, that the employee did not know the rule would not be sufficient to justify denial of benefits).
The manager being aware of all of the driving records is another basis to argue the termination is not significant and related to your employment.