If I was terminated for being under the influence, can I get unemployment benefits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was terminated for being under the influence, can I get unemployment benefits?

I was terminated for arriving to work with the affects of having been drinking the previous

night still noticeable. My breathe still smelled of alcohol and my speech was slightly slurred.

This happened while on a trip to the main office in Puerto Rico. The action of termination took

place during my return trip without any notification. I found out while on layover. I caused no harm to my employer nor did I give reason to believe that I could not perform my duties if given the opportunity to enter into recovery. My title was VP of IT, Systems and Security and the termination date was 6 weeks ago. I was not given an option to enter into treatment. I voluntarily entered into AA immediately after and have been sober since then. There are no previous incidents of this or any other kind and my review for last year was exemplary which led to a 20k incentive bonus. I thought unemployment benefits would not be denied but I just received a determination that they have been denied. Do I have any legal recourse?

Asked on July 20, 2016 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that most employment is "at will", meaning that an employer can set the terms of the workplace much as it sees fit. This includes when and why to fire an empoyee. In fact, a worker can be discharged for any reason or no reason at all, with or without notice. That is absent some form of legally actionable discrimination being the reason for termination, or if dismissal would violate the terms of a union agreement or employment contract. As for collecting unemployment benefits, if an employee is fired for "cause", then they are ineligible to collect. And being fired for coming to work under the influence of alcohol could constitute "cause".  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption