Lying about why I was terminated?
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Lying about why I was terminated?
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I worked at this company for 9 months, one day i came in a lil exhausted, I drunk the night before but I was completely fine while working. I fell asleep on lunch I came back an hour late , i was accused of being drunk, even tho I worked 4 hours beforehand and was completely fine. I got sent home. When i arrived home I called the owner and explained the situation. He told me to come in the next day and everything was fine. I worked for a month after this incident. They changed my schedule to where I was getting up at 330am, off on mondays and tuesdays. I continued this schedule for nearly a month without ever touching alcohol, due to the hours i was working it was impossible. A month later, On my last day there I made an error and I got sent home, fired the next day. I was terminated for this error I made, not for the incident a month beforehand, now they are denying my unemployment cause they said I was intoxicated. I appealed the cause but my question is Do I even have a chance?
Additional Details
They suggested a drug/alcohol test but canceled it and told me to go home... i returned the next day... and the other mistake I made, since there was no training process in what I was doing, wouldnt that classify as unsatisfactory work performance, that would make me eligible . ... correct?
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rwa000
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this where employers make the mistake, did they send you you for a drug/alcohol test? if they didn't they have to prove you were drunk and of course they can't because thy have nothing to back it up, they can't use that against you, the other reason maybe so
Edit you are correct, if you appeal just ask the arbitrator were are the results of the alchohol test |
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SnitchMO
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If an employer suspects an employee of being under the influence while on the clock, and use that as their excuse to terminate you, they are going to be hard-pressed to prove their stand without a drug-test result. Depending on the state you are in and the position held, they MAY have been obligated to perform a "resaonable suspicion" drug test, and if you refused, it would have meant an automatic positive. Not knowing what the job is or which state you are from, it's difficult to say for certain.
However, the burden of proof is upon the employer in regards to if you were, in fact, drunk. Keep in mind: many states are "at-will" states, which means that the employer can terminate you for any, or no, reason. You DO stand achance at the appeal: again, the burden of proof is with the employer. |
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