If I was positive for alcohol at work is it smarter for me to resign before they terminate me?

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If I was positive for alcohol at work is it smarter for me to resign before they terminate me?

I was positive for alcohol at work due to
drinking the night before. I did not feel in
toxicated upon arrival just hungover. I threw up
and my boss we suspicious due to a lot of
abceses in the past. I agreed to a yes because
I didn’t not think it would be positive, but it was.
I meet with HR tomorrow, would it be smarter
for me to give and immediate resignation
instead of signing termination papers?

Asked on April 23, 2017 under Employment Labor Law, Tennessee

Answers:

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

Answered 4 years ago | Contributor

Whether or not you should resign is up to you. If you do, you will be ineligible for unemployment benefits sine you left your job voluntarily. However, given the reason for your possible termination, it woud be "for causee" so you would be ineligible for such benefits anyway. That having been said, you at least won't have a termination of employment on your record. Although, your alcohol use may come up if your employer is contacted as a reference by a prospective employer.


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