does this qualify for unemployment?

Discussion in 'Trucking Industry Regulations' started by sickchuck, Feb 7, 2010.

  1. Wicked Wizard

    Wicked Wizard Heavy Load Member

    985
    857
    Jul 15, 2008
    Northeast PA
    0
    RickG, you hit the nail on the head!

    Drivers, you are the captain of your ship! Don't let the company push you around into doing anything unsafe or illegal. I know it's tough to refuse an order, I myself am going through this as we speak but it is your license. The company will drop you like a hot potato if you screw up and fill the seat before it gets cold. CYA-
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,365
    Oct 23, 2005
    Vegas/Jersey
    0
    If it happens and you want to pursue the issue then go ahead but don't count on it. Then when you do get refused it's not a big loss. You're right to protect your license. It will payoff in the long run and you'll get one of the jobs where the company respects it's drivers and pays you well. You'll be in a small club that some of us enjoy with smiles all the way to the bank.
     
  4. Dr Demented

    Dr Demented Light Load Member

    202
    49
    Feb 25, 2007
    Delphi, IN
    0
    I don't know about Illinois, but in Indiana the law basically says you can't quit without a "good reason". I forced the company to fire me for not violating HOS rules and argued my case with the unemployment office. I won because the company couldn't prove that I actually violated any company policies. In Indiana, it's easier to get your unemployment if you are fired or laid off because being fired isn't automatically considered your fault, unlike quitting.
     
  5. jtrnr1951

    jtrnr1951 Road Train Member

    In florida, just contest their refusal for unemployement.

    You'll get it !!
     
  6. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,365
    Oct 23, 2005
    Vegas/Jersey
    0

    What do you mean you can not quit? That sounds like a rumor more than a law, sorry. Especially when Indiana is an "at will" state and can fire you for good cause, bad cause, or no cause at all. I'd like to see that law please. It is agains't the law to fire you for not following state or federal law and that's called "Public Policy Exception" which Indiana has but that's all they have. They can fire you there even if you have a contract but not in Ill.
     
  7. Hardlyevr

    Hardlyevr Road Train Member

    3,270
    2,540
    Jul 30, 2009
    Mapleton Depot,PA
    0
    I think what it means is you cannot collect unemployment compensation if you quit.

    You can quit for any ole reason you like, but not collect unemployment.
     
    Dr Demented Thanks this.
  8. Dr Demented

    Dr Demented Light Load Member

    202
    49
    Feb 25, 2007
    Delphi, IN
    0
    Hardlyevr knew what I was talking about. You can quit all you want, but Indiana Unemployment Law states that you cannot collect unemployment insurance if you lost your job "through [any] fault of [your] own". You can find that at the official State of Indiana website slash dwd. If I would have quit my job because of shoddy treatment, there would have been a higher chance that my claim would have been denied because the burden of proof would have been on me to prove the shoddy treatment...but because I forced the company to fire me, I was able to show that they didn't have "just cause" to fire me, so my claim was approved. The burden of proof shifted to the company because they fired me.
     
  9. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,365
    Oct 23, 2005
    Vegas/Jersey
    0

    Well that's just like anywhere else. I just thought it was way off base saying you can't quit without a good reason when the companies can fire you at will.
     
  10. Dr Demented

    Dr Demented Light Load Member

    202
    49
    Feb 25, 2007
    Delphi, IN
    0
    I agree that it's not fair...but not much in life is. As truckers, I think we know this better than anyone.
     
  11. dle

    dle Light Load Member

    65
    23
    Jan 9, 2010
    ennis,tx
    0
    In general, you cannot receive unemployment benefits if you are dismissed for cause or you are a contract employ.

    Most states will have their own definitions of contract employ so check your own state's rules. So if you get fired and they do say that you were terminated for cause your only recourse is to appeal the decision. Read and understand all that is sent to you from the state (it will be in legal language). Have written documentation that supports your position. If you have verbal communications that are recorded take them a notary public and have them transcribed and notarized.

    As the driver of the vehicle you and only you are totally and completely responsible for safe and legal operation of that vehicle. So if you drive illegal, you accept the risks that are associated with that.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.