Can I get unemployment if I was fired for smoking in a company service van?

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Can I get unemployment if I was fired for smoking in a company service van?

Asked on February 2, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Was there an actual company policy against smoking in the service van? If there was, then you were fired for violating company policy, which technically is a "for cause" termination. In that case, while you may certainly apply for unemployment, if the company chooses to contest it and tell the unemployment office that you were fired for violating company policy, you may be ineligible for unemployment compensation. If there was no actual policy, but some manager, supervisor, etc. simply didn't like and fired you for that reason, you should be able to get unemployment compensation.


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