Why worry about fighting the unemployment claim when you can run the driver for your own benefit until they clearly quit?
Snackbar is chillin'....at Shaffer
Discussion in 'Discuss Your Favorite Trucking Company Here' started by supersnackbar, Oct 26, 2020.
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Speedy356, cdavis188, IH9300SBA and 1 other person Thank this.
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Friend, hope not dumb twucker and BeHereNow97 Thank this.
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When Mr. Acklie was running this company, he earned the driver's respect by making sure they were being treated right. Sometimes taking care of an issue would cost the company a few bucks, but in the long run, it was an investment because if a driver feels like he is being taken care of, then they take care of the company. A happy driver is a productive driver and it ends up benefitting the company in the long run.
And I find it hard to believe that back when I was here the last time, during the post covid surge, you were making upper $90's pulling a dry van getting home that often. If you were, did you have those knee pads custome made? Or are they off the shelf? -
My 2019 W-2
As to your homophobic comment about knee pads - drivers who actually perform don't need to prostitute themselves.
And it's not about speaking your mind or advocating for yourself - it's the way you do it. Taking umbrage over safety messages that are designed to negate civil lawsuits is both counter productive and a waste of your time, but sending a message threatening upper management that you will become an 'redacted' if they don't comply with your demands is asking to be relegated to the land of misfit toys.
Respect is both earned and given. If a person waits to be treated with respect before giving respect then they'll be waiting a long time. You're not a new driver, but you are newish to your DM - what have you done to earn her respect? She has your record from your two previous stints with Shaffer that you need to overcome - simply picking up and delivering on time isn't going to get you much.ElmerFudpucker, kylefitzy and Frank Speak Thank this. -
Last edited: Jul 6, 2025
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IH9300SBA and gentleroger Thank this.
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I got #### canned from Heartland once for relaying a FedEx load, on time, to another driver who delivered it late. They fired both of us. Heartland fought my unemployment claim but lost the appeal.
From Grok:
In the context of unemployment benefits, being "fired for cause" typically refers to termination due to misconduct or intentional actions that violate employer policies or harm the employer's interests. However, not all reasons for termination qualify as "fired for cause" in a way that would deny unemployment benefits.
Below are examples of reasons for being fired that are generally not considered valid "fired for cause" reasons for denying unemployment benefits in most U.S. states, as they do not rise to the level of misconduct:
1. Poor Performance (Without Intentional Misconduct):
- If you were fired for not meeting performance standards, lacking skills, or being a "poor fit" for the job, but you were trying your best, this typically does not qualify as misconduct. For example, being let go because you couldn’t meet sales quotas or lacked the expertise for a role is generally not a valid reason to deny benefits.
- Example: In Texas, poor performance is explicitly stated as not a valid reason to deny unemployment benefits unless it involves willful neglect or intentional disregard of duties.
2. Inability to Do the Job (Despite Effort):
- If you were fired because you couldn’t perform the job adequately despite making a genuine effort, this is not considered misconduct. For instance, being terminated for failing to master complex tasks after training, without any intentional negligence, would likely still make you eligible for benefits.
3. Minor Mistakes or Accidental Errors:
- Making honest mistakes or errors that don’t involve willful disregard for the employer’s interests is not typically misconduct. For example, accidentally breaking equipment or making clerical errors without intent to harm the employer would not justify denying benefits.
4. Isolated Incidents (Without Repeated Violations):
- A single instance of a minor infraction, such as being late once or missing a shift due to an emergency (with notification to the employer), is generally not enough to constitute misconduct, especially if you had a valid reason and it wasn’t a pattern.
5. Termination for Reasons Unrelated to Job Performance:
- If you were fired for reasons unrelated to your conduct or performance, such as personality conflicts, refusing to work in unsafe conditions (after notifying the employer), or taking legally required breaks, this would not be considered misconduct. For example, being fired for trying to organize a union or for reasons not tied to job duties is not a valid basis for denial.
6. Layoff Disguised as Termination:
- If you were fired due to economic reasons (e.g., company downsizing, position elimination, or lack of work) but the employer labels it as "for cause," this would not hold up as misconduct. Layoffs due to business needs, such as budget cuts or a plant closing, make you eligible for benefits.
Key Points:
- Misconduct Definition: For a termination to be considered "fired for cause" and justify denying unemployment benefits, it generally must involve willful or deliberate actions, such as theft, insubordination, repeated unexcused absences, failing a drug test, or violating known company policies after warnings.
- State Variations: Each state defines misconduct differently, but most agree that unintentional errors, lack of skill, or poor performance (without malice) do not qualify as misconduct. Some states, like California, require misconduct to be serious or harmful to the employer’s interests.
- Employer Burden: The employer must prove misconduct with evidence, such as documentation of warnings or policy violations. If they claim "poor performance" without showing intentional wrongdoing, the state is likely to grant benefits.
Example Scenarios Where Benefits Are Likely Granted:
- You were fired for not meeting productivity goals but were never warned or trained to improve.
- You made an accidental error that caused a minor loss to the company but didn’t intend harm.
- You were let go because your employer didn’t like your attitude, but there was no specific policy violation.
- You were fired after one tardy incident due to a medical emergency, and you informed your employer.
What to Do if Denied:
If your unemployment claim is denied because the employer claims you were "fired for cause," you can appeal the decision. Most states have a short appeal window (e.g., 20–30 days). Provide evidence, such as performance reviews, emails, or witness statements, showing you were not fired for willful misconduct. Consulting an employment attorney can help navigate the appeals process.
For specific guidance, contact your state’s unemployment agency, as eligibility rules vary. You can find contact information at www.servicelocator.org/OWSLinks.asp.[](https://www.nolo.com/legal-encyclopedia/unemployment-benefits-when-fired-32449.html)Gearjammin' Penguin, Knucklehead and Frank Speak Thank this. -
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brian991219, ncmickey, hope not dumb twucker and 1 other person Thank this.
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