Can I receive unemployment if I was drinking on the job?

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Can I receive unemployment if I was drinking on the job?

I have worked for this employer for 14 years and for the last 3 years I moved my family from Texas to Chicago when they needed me to help out with a site. The move has taken a toll on my marriage and we decided to get divorced. Well one night at the end of my shift I drank 2 beers and my boss found one of the bottles. He asked me about it and I confessed to him that I had did this due to the divorce and my documented anxiety isssued and they decided to let me go. What are my option in a case like this?

Asked on December 8, 2017 under Employment Labor Law, Illinois

Answers:

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

Answered 6 years ago | Contributor

If a worker is discharged due to "cause", then they are ineligible to collect unemployment compensation. And drinking on the job would constitute cause. You could try and file and appeal if denied but I don't hink that you would meet with much luck.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are terminated for misconduct, unemployment compensation will be denied.  Drinking on the job is misconduct and termination for that reason may result in a denial of unemployment compensation.  There is an appeals process for a denial of unemployment compensation and you should pursue it.


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