Can I Collect Unemployment After Termination for Failing an Alcohol Test?
An employee facing termination for a failed alcohol test may wish to find out if he can collect unemployment benefits. Some U.S. states have enacted laws to prevent employees from receiving unemployment benefits after termination for certain types of misconduct.
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Significance
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According to the U.S. Substance Abuse and Mental Health Services Administration's Division of Workplace Programs, almost 30 U.S. states have enacted laws to limit or deny unemployment insurance benefits when the employee has failed a drug or alcohol test. An individual should learn about the unemployment laws of her own state through an official source, such as the state's department of labor.
Procedures
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Whether the employee can overcome a failed alcohol test to collect unemployment may also depend on the circumstances of the test. For example, some state laws allow the state to deny benefits if the employee failed drug or alcohol testing required by the government in certain professions. An employer may also use a failed alcohol test to demonstrate employee misconduct that led to a firing. The employer generally has the burden of proof to show employee misconduct when resulting in denial of unemployment. The employee may be able to appeal if the employer conducted alcohol testing in an improper or unlawful manner.
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Warnings
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As the consequences of failing an alcohol test can include financial hardships such as the denial of unemployment benefits, the employee may wish to consult with an attorney. However, it may be preferable to apply for benefits and see what happens even with a failed alcohol test. If denied benefits, the employee can continue to fight for benefits through the state's appeal process.
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References
- Substance Abuse and Mental Health Services Administration: Division of Workplace Programs: Understand the Legal Requirements
- Connecticut Network for Legal Aid: Your Rights to Unemployment Compensation If You are Fired from Your Job
- Kansas Department of Labor: Unemployment Insurance Appeals Hearing Instructions
- Maine Department of Labor: Maine Employee Rights Guide
Resources
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