Visitor Question

Fired after getting hit by a drunk driver while working?

Submitted By: A (USA)

I was driving a company vehicle when I was hit by a drunk driver.

My employer laid me off, saying it was for disciplinary action, 35 days after the accident. My unemployment is now being denied.

I really believe my former employer didn’t have auto coverage on me, as he asked for a copy of my license a week after the accident.

We never had any policies involving driving a company vehicle. I believe I am just being punished because he got caught not having insurance on me. He has a lot of money, and I can’t afford a lawyer to fight him on this. I am married and have a son. I was not cited for anything relating to the accident.

What can I do? Any info you can give would be helpful. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

If you were laid off, you should be entitled to unemployment benefits. Of course, this may not be true if your employer’s reasons for laying you off were legitimate.

You can always file an appeal of the denial of unemployment benefits. By doing so, your employer will have to respond to the appeal and explain why he believes you aren’t entitled to unemployment benefits. Even if your appeal is denied, in most states you have a right to another appeal.

Because you didn’t mention what state you reside in, you will have to seek out the information about your appeal by contacting your local unemployment office. They will provide the forms and procedure you must follow when filing your appeal.

Time is always of the essence in unemployment appeals. Each state has its own time limitations. Missing the time limit can result in an immediate denial of your appeal. Gather all your documents related to your being laid off, including letters, notices, and other employment information. You will need to rely on these documents during the appellate process.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 25, 2014

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