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letsgoreds2017

Can I receive unemployment benefits if my vehicle broke down?

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26 minutes ago, letsgoreds2017 said:

I recently was terminated from my job because my vehicle broke down

 

No.

 

You were terminated because you didn't show up for work.

 

27 minutes ago, letsgoreds2017 said:

In my opinion, this is beyond my control?

 

Sure. But your employer has no obligation to accept your excuse.

 

28 minutes ago, letsgoreds2017 said:

Can I claim Unemployment benefits because of this?

\State is Ohio

 

You can certainly file a claim and I suggest you do so ASAP to protect your benefits.

 

You might qualify but I can't guarantee it.

 

 

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2 hours ago, letsgoreds2017 said:

In my opinion, this is beyond my control?

 

Despite your use of a question mark, this sentence is not a question.  If you intended a question, I cannot discern what you intended to ask.  However, maintaining your vehicle such that it does not break down most certainly is within your control.

 

 

2 hours ago, letsgoreds2017 said:

Can I claim Unemployment benefits because of this?

 

You obviously can apply, but no one here will be able to know whether you'll receive them.

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It is unlikely as it isn't a reason attributable to your employer, but you should still apply. Sometimes, the state grants benefits for unorthodox reasons. You will have to prove you do have reliable transportation such that you are able to actively seek work.

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Great news.

 

The Surface Transportation Assistance Act (STAA) under 49 U.S.C. §31105 protects you.

 

§31105 Employee protections.

(a) Prohibitions. -

 

(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because -

 

...

(B) the employee refuses to operate a vehicle because -

 

(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security; or

(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle's hazardous safety or security condition;

...

 

To ya'll naysayers: Read it and weep. 

https://www.whistleblowers.gov/statutes/staa

 

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PizzaHutDayton,

  First of all, you are two and a half years late with your response.  Second, your citation of the statute is not relevant.  The statute refers to an employee refusing to operate a dangerous vehicle provided by the employer in the course of his or her employment.  For instance, refusing to operate a semi tractor that has bald tires or bad breaks.  The poster's problem is that he or she can't get to work because his or her own car in inoperable .

 

 

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On 9/14/2019 at 11:38 AM, PizzaHutDayton said:

Great news.

 

The Surface Transportation Assistance Act (STAA) under 49 U.S.C. §31105 protects you.

 

Ummm...no it doesn't.

 

First of all, why in on Earth would you resurrect this 2 1/2 year old thread?  The OP's situation has certainly resolved itself one way or the other by now.

 

Second, neither the part of the statute you quoted or any other part has has anything to do with the OP's situation.  The portion of the statute you quoted relates to operating vehicles in the course  and scope of one's employment.  It has nothing to do with an employee's personal motor vehicle breaking down.

 

Read that and "weep" [sic].

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