Can I be denied unemployment due to one alledged instance of what they call misconduct?

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Can I be denied unemployment due to one alledged instance of what they call misconduct?

I had a single failed drug test and was terminated from my job after many years of employment.I now recieved a letter from the unemployment commission denying my unemployment claim due to Fl Statue Section 443 saying it was for misconduct and disqualifies me. I did not smoke the drug they alledged and this is what I maintained with my employer. Do I have any chance at an appeal? Do I need an attorney for the appeal with a referee? In Sumter County, FL.

Asked on November 2, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You do not necessarily need an attorney for the appeal but it might be a good idea to consult with one to see if the drug use falls under the Florida law's definition of "misconduct." "Misconduct” is generally meant under Florida law to actions that amount to the most reckless and egregious violations of work rules.  Although many acts of employees are sufficient to warrant the termination of their employment, those same acts do not always constitute “misconduct” which should exclude an employee from receiving unemployment compensation benefits. Breaking the law, though, might be enough for misconduct in the eyes of unemployment. But if you maintain that you did not ingest the drug yourself then seek consultation.  Good luck.


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