If my husband is fired for refusing to drive his own vehicle to the shipyard where he is assigned on a job, can he get unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband is fired for refusing to drive his own vehicle to the shipyard where he is assigned on a job, can he get unemployment?
My husband’s job is requiring him to work 12 hr days and drive his own vehicle to
a shipyard where he will be working. The parking is horrible and he is concerned
he will be towed or his car will be damaged while parked there. This is not the
usual way they do things. The employees usually go to the shop and clock in and
then drive a company vehicle to the shipyard. If he is fired for not complying,
will be be eligible for unemployment in the state of Virginia? It is a right to
work state
Asked on January 29, 2018 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No he cannot, that is unless his discharge will violate the terms of an employment contract or the like. The fact is that in most work situations, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This includes having a worker use ther own vehicle to his place of work. Further, if he does not comply, then his employer will have "cause" to fire him since he didn't comply with a company mandate. Accordingly, he will not be eligible for unemployment compensation.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No he cannot, that is unless his discharge will violate the terms of an employment contract or the like. The fact is that in most work situations, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This includes having a worker use ther own vehicle to his place of work. Further, if he does not comply, then his employer will have "cause" to fire him since he didn't comply with a company mandate. Accordingly, he will not be eligible for unemployment compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.