An employee who knows his job requires him to maintain a valid driver’s license is not eligible for unemployment compensation if he is fired because he loses his license.
Recent case: Troy Florexil was employed as a field technician and drove a company vehicle to work sites. He had an accident while driving the company vehicle, and had also received a citation for driving while intoxicated. As a result, the state suspended his driver’s license. Because his employer had no other positions open that didn’t require a license, he lost his job.
Florexil applied for unemployment, but was rejected. When he appealed, the court decided that losing his driving privileges amounted to a voluntary resignation because Florexil’s own actions caused the suspension. (Florexil v. Board of Review, No. A-4327-09T3, Superior Court of New Jersey, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Shelter yourself from gathering storm of ERISA claims
- Can you set work-time minimums for exempt staff?
- Leave contracts to the experts: Have attorney draft documents detailing benefits
- Shopping for voluntary benefits? 5 'must ask' questions