Can You Get Unemployment After Drinking at Work Due to Stress
My question involves labor and employment law for the state of: California
I am really afraid of having my unemployment denied. I was at work. I was having an extremely emotional day as my husband got extremely intoxicated the night before and punched me int he arm because I was trying to move him over and he didn't realize it was me. he also broke my window by throwing yhis phone and just in general was acting obnoxious. That same morning he got all of his things and left our house. My dad also a week prior had almost died and had just returned home. I was extremely emotional and distressed and I had no more time off at work and I didn't want to get fired.
The day I was fired, I spent a good amount of time arguing with my husband on the phone and basically having a borderline emotional breakdown. there was some beers leftover from the night before when my husband went out. so as I sat in my car I drank two (extremely stupid) I guess someone saw me and ratted me out. I was an extremely good employee for over a year and I'm very embarrassed. Would it be possible the "single isolated incident defense?" and what should I say in my phone interview? I have a child and family to support and this is was the worse decision I have ever made. Please give me any advise , please no judging or sarcasm. They may not fight my unemployment, I really have no idea. Any help would be greatly appreciated! If your best advise is that I will be denied, please say so as well. Thank you.
Re: Can You Get Unemployment After Drinking at Work Due to Stress
If you're denied, that's when you start thinking about an appeal.
Others will comment too but, if it were me, I'd fight you tooth and nail on the UI issue. Sorry, but drinking on the job is never acceptable behavior unless it's actually part of your job. It's not just the alcohol issue (though that's enough of a concern by itself), it's the implication that you can't handle stress.
That's not saying that you WILL get denied though. Not by any means. I'm sharing how I'd feel about the situation.
Re: Can You Get Unemployment After Drinking at Work Due to Stress
If any state were going to let you get away with drinking on the job and still give you unemployment, it would probably be California, which is so employee-friendly as to be ridiculous sometimes.
However, it is also true that drinking on the job is something that you shouldn't have to be told not to do; you should know without being told that it can get you fired. Which is one of the criteria for denial. So I guess I'd have to say that anything can happen.
That being said, I hope that you've gotten yourself into a safe place and are getting counseling. Some things are more important than jobs, or even unemployment.
Re: Can You Get Unemployment After Drinking at Work Due to Stress
Yes i know. I really appreciate the feedback. I will get another job either way. I'm smart and usually a great employee. It was just the worst day of my life. Thanks again everyone
Re: Can You Get Unemployment After Drinking at Work Due to Stress
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anonymouscalifornia2016
Yes i know. I really appreciate the feedback. I will get another job either way. I'm smart and usually a great employee. It was just the worst day of my life. Thanks again everyone
Please take care of yourself, first and foremost. The rest can wait.
Re: Can You Get Unemployment After Drinking at Work Due to Stress
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Raster
Long ago in a law seminar by a top pro from a name university made the point a single act of willful misconduct can get you fired...but a problem of abuse of alcohol or drugs may well trigger a host of legal protections . I'd not rush to volunteer confessions ..best to be truthful but not volunteer answers to questions not asked ....listen before you jump in.
What supposedly was the reason you were fired ?
IF you were assaulted by drunk husband that might be a pretty good reason for a bad day ....not that employers are supposed to put up with bad days ....they may not rise to gross misconduct or whatever standard is on CA books .
IF you were operating machinery it may be a different story.
BTW as to whatever you did in car was it on the clock or before you were in work ? A no show witness may be mere hearsay.
I do a customer service type job. Yes it was awful because he had never laid a finger on me. i had a HUMONGOUS bruise on my arm . he got kicked out of the house by my roommate. it was just a nightmare. i drank in my car on a break. the write up is very detailed and lenghty. so basically they accused me of drinking and driving and not working when i was supposed to me. man how i wish i had just called in sick :(
Re: Can You Get Unemployment After Drinking at Work Due to Stress
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Raster
Long ago in a law seminar by a top pro from a name university made the point a single act of willful misconduct can get you fired...but a problem of abuse of alcohol or drugs may well trigger a host of legal protections .
Once again you are making leaps you ought not to make. Firing an employee simply because he/she is an alcoholic would violate the Americans with Disabilities Act (ADA) and the California equivalent law. But that is not what happened here, and you ought not inject irrelevant things into the thread; that just muddies things up. The OP did not mention alcoholism at all. If you read the post carefully you will see that she drank some beers while sitting in her car, evidently in the parking lot of her employer. The ADA expressly states that it does not protect drinking on the job or coming to work intoxicated. If she was drinking alcohol just before or during work, she may be legally fired for that and there is no legal protection for that, let alone a “host of legal protections” as you suggest.
As for unemployment, it may well be that unemployment would be denied in this case. We don’t have all the details of it to know. All the OP has to do is apply for it. The OP need only state that she was fired by the employer. It is up to the employer to decide whether to challenge the grant of benefits or not, and if it does the employer can try to make the case the employee was fired for misconduct and explain the reason for the termination.
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Raster
THat does not bode well for you. Reads like they can make the points .....but then again I agree with cbg...sometimes the employee friendly attitude borders on absurd ...stick to the truth....showing up to work after being beaten and bruised by husband may in hindsight have been bad judgement ...but you apparently compounded it . OUCH .
I know :(
I wouldnt say beaten he woke up after going out with friends to me shaking him and he was so intoxicated that he just woke up and socked me. he just definitely acted like a maniac. then he got all of his stuff and left. i got zero sleep, i was stressed out, embarrassed, and feeling sorry for myself. i really wish i hadn't made such a moronic decision. hopefully i wont even need unemployment. i am a pretty skilled person and like i said im a very good employee. Basically they accused me of driving to work drunk which is completely false. but if i get denied, I definitely deserve it, obviously. Thank you so much everyone for your assistance and not being judgmental. It was very embarrassing to tell my family. My boss even cried and gave me a hug and said she was so sorry but they didn't have a choice, and I completely understand.