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?

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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 3 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 3 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.


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