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Eligible for unemployment benefits when you were a tow truck driver & got a DUI on your own time?

Asked about 3 years ago - Seattle, WA

my boyfriend was pulled over last year for a DUI. and was not arrested on the spot, which i find odd?
he was senticed to 7 days about 2 months ago. since then he has lost his job, he was a tow truck driver. since the insurance company found out. They said he could keep his license if he made payments , which he hasn't since he has no job. he applied for unemployment benefits. and its been about 3 and a half weeks, he has faxed them and done all of what they asked. but there is still no checks issued to him. my question is if you have a DUI are you even eligible for unemployment benefits? since you were fired for losing your license for basically the DUI infraction.....

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Attorney answers (1)

Kevin W. Davidson

Reputation Level 13

Answered about 3 years ago. Estate Planning Attorney in Kaukauna, WI.

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Note that I am not licensed to practice in WA. I'm guessing no dice on the unemployment benefits in this situation. 1. Boyfriend needs license to drive tow truck, 2. but, he no longer has license due to 3. personal actions.

Under many states' unempoyment compensaton regulations, benefits are denied when the employee is terminated for "misconduct." Basically your boyfriend created a situation in which he can not be employed as a tow truck driver - the company has no choice but to terminate employment. If the DUI did not directly impact his ability to perform the job, it would be a different situation, but in this case, your boyfriend's misconduct (i.e. driving under the influence) was the proximate cause of his termination.

Perhaps reviewing your boyfriend's circumstances with a local attorney can provide the specific guidance you need

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