Fired from my job for being intoxicated
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Join Date: Nov 2013
Posts: 370
I agree with not disclosing details to potential employers. HR may or may not disclose if they would hire you back, you can't worry about details you have no control over.
It may be worth talking to your mortgage lender sooner than later if you think you may have issues staying up on payments. They may be willing to work with you.
I know you don't have a lot of time before you fall behind, but I would be cautious to throw yourself into the stress of a new job in early recovery. You might consider taking as much time as you can, or perhaps a less stressful survival job if your regular work is high pressure. I know it's not easy, but as others have said, sobriety is your most important mission right now.
Hard to see at the time, but events like these that humble us and redirect our lives are blessings.
It may be worth talking to your mortgage lender sooner than later if you think you may have issues staying up on payments. They may be willing to work with you.
I know you don't have a lot of time before you fall behind, but I would be cautious to throw yourself into the stress of a new job in early recovery. You might consider taking as much time as you can, or perhaps a less stressful survival job if your regular work is high pressure. I know it's not easy, but as others have said, sobriety is your most important mission right now.
Hard to see at the time, but events like these that humble us and redirect our lives are blessings.
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Thread Starter
Join Date: Sep 2014
Posts: 177
I agree, NJ. I've been going through things today and figure after I get my check and sell a bunch of stuff on ebay I've collected for years, I can live for around 6 months without a job. That should give me time to get things in order.
Good idea calling the mortgage company. I may have some type of job loss insurance. Never had to ask before.
Good idea calling the mortgage company. I may have some type of job loss insurance. Never had to ask before.
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Thread Starter
Join Date: Sep 2014
Posts: 177
I filed online, but doubt I'll qualify. I believe they consider being intoxicated on the job a "gross offense" or something of that nature unless you can prove you're addicted. And since I've never been in treatment, I may not be able to prove it.
If you can't prove you're compelled to drink, you don't qualify for unemployment until you're at a new job for a certain period and leave that one. And I think they'll consider the 401k a source of income so that may be another strike. They're always looking for ways to deny it.
If you can't prove you're compelled to drink, you don't qualify for unemployment until you're at a new job for a certain period and leave that one. And I think they'll consider the 401k a source of income so that may be another strike. They're always looking for ways to deny it.
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Join Date: Aug 2013
Location: Ma
Posts: 3,553
It doesn't matter if you are fired or layed off.
You still get unemployment benefits as far as I know.
I think it takes a little longer if fired to get the first check.
I also pulled a retirement fund. They tax a portion of it,not all of it.
It's confusing but that take about 20%,fed/state
You still get unemployment benefits as far as I know.
I think it takes a little longer if fired to get the first check.
I also pulled a retirement fund. They tax a portion of it,not all of it.
It's confusing but that take about 20%,fed/state
Member
Join Date: Aug 2013
Location: Ma
Posts: 3,553
Anyways, stay sober my friend.
This would be the worst time to try and wash away fears with the sauce.
You'll need a clear head and make the right decisions.
I know it sounds cliché but "another door will open".
Visit here often. As you can tell there's people here that care about what's going on,and how you're doing. Good advice and a great tool to stay sober.
This would be the worst time to try and wash away fears with the sauce.
You'll need a clear head and make the right decisions.
I know it sounds cliché but "another door will open".
Visit here often. As you can tell there's people here that care about what's going on,and how you're doing. Good advice and a great tool to stay sober.
Member
Join Date: Sep 2014
Location: Earth
Posts: 607
You don't qualify for unemployment if you are fired for a good reason. Been on both ends of this. When I was representing the employer I didn't lose. It costs the employer if you get it so lots of the time they fight it. File anyway as they may have some sympathy and not fight it or if they're HR is incompetent it might slip through.
I quit my job and got it but I knew things that could have put the owner in some serious legal trouble so I don't think he wanted to mess with me.
I made a few thousand bucks selling stuff I no longer needed on Ebay. Good way to clean up clutter.
#1 priority is to clean the clutter out of your mind and your liver or none of this will matter for long.
Hang in there!
I quit my job and got it but I knew things that could have put the owner in some serious legal trouble so I don't think he wanted to mess with me.
I made a few thousand bucks selling stuff I no longer needed on Ebay. Good way to clean up clutter.
#1 priority is to clean the clutter out of your mind and your liver or none of this will matter for long.
Hang in there!
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Thread Starter
Join Date: Sep 2014
Posts: 177
They can deny it in my state under certain circumstances called 'gross misconduct'. I'm not sure if I fall under that or not since it was my first offense. It's under section X on this page:
Discharge - Sections 8-1002, 8-1002.1, 8-1003 continued - Maryland Unemployment Decisions Digest - Appeals
Discharge - Sections 8-1002, 8-1002.1, 8-1003 continued - Maryland Unemployment Decisions Digest - Appeals
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Thread Starter
Join Date: Sep 2014
Posts: 177
I've been wondering about the second paragraph under the section I mentioned in the link:
An employee's refusal to submit to a drug screening test may be grounds for a finding of gross misconduct. However, when requiring drug or alcohol testing, the employer must adhere to the provisions of Section 17-214.1 of the Health-General Article of the Annotated Code of Maryland in order to have the test results be considered as evidence of misconduct. This section requires, among other things, that the employer give the employee written notice of his right to resubmit the same test sample to a laboratory of the employee's choosing. If the employer fails to offer this option to the employee, the test results may not be able to be used as a basis for a finding of misconduct.
I don't recall getting any written notice. If I read that correctly, maybe they have to throw the test results out?
An employee's refusal to submit to a drug screening test may be grounds for a finding of gross misconduct. However, when requiring drug or alcohol testing, the employer must adhere to the provisions of Section 17-214.1 of the Health-General Article of the Annotated Code of Maryland in order to have the test results be considered as evidence of misconduct. This section requires, among other things, that the employer give the employee written notice of his right to resubmit the same test sample to a laboratory of the employee's choosing. If the employer fails to offer this option to the employee, the test results may not be able to be used as a basis for a finding of misconduct.
I don't recall getting any written notice. If I read that correctly, maybe they have to throw the test results out?
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Join Date: Aug 2013
Location: Ma
Posts: 3,553
"A. On Work Premises
The claimant was discharged for gross misconduct because he reported to work in an intoxicated condition after the employer had given him a second chance to rehabilitate himself. The claimant showed some ability to remain sober and the employer made a sincere effort to give the claimant an opportunity to rehabilitate himself. Chinn v. Cook's Supermarket, 1168-BH-81."
I'm no lawyer, but this is interesting.
The claimant was discharged for gross misconduct because he reported to work in an intoxicated condition after the employer had given him a second chance to rehabilitate himself. The claimant showed some ability to remain sober and the employer made a sincere effort to give the claimant an opportunity to rehabilitate himself. Chinn v. Cook's Supermarket, 1168-BH-81."
I'm no lawyer, but this is interesting.
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Thread Starter
Join Date: Sep 2014
Posts: 177
Originally Posted by resolute50 
"A. On Work Premises
The claimant was discharged for gross misconduct because he reported to work in an intoxicated condition after the employer had given him a second chance to rehabilitate himself. The claimant showed some ability to remain sober and the employer made a sincere effort to give the claimant an opportunity to rehabilitate himself. Chinn v. Cook's Supermarket, 1168-BH-81."
I'm no lawyer, but this is interesting.
The claimant was discharged for gross misconduct because he reported to work in an intoxicated condition after the employer had given him a second chance to rehabilitate himself. The claimant showed some ability to remain sober and the employer made a sincere effort to give the claimant an opportunity to rehabilitate himself. Chinn v. Cook's Supermarket, 1168-BH-81."
I'm no lawyer, but this is interesting.
Pressure makes diamonds
Join Date: May 2014
Posts: 521
Depending on which state you live in there are laws that can protect with employment verification. They may legally only be able to verify dates, title and salary. Why do you have to say you were terminated? People leave jobs all the time for a variety of reasons ; sometimes as simple as a personality conflict with their boss or management style. I agree, do not give more information than is required.
Keep moving forward with your sobriety and the other things will fall into place. I wish you well.
Keep moving forward with your sobriety and the other things will fall into place. I wish you well.
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Join Date: Nov 2012
Location: Central America/Florida USA
Posts: 4,064
I feel that this thread is getting off track to help you with what you really need. Let me ask you some quick questions: Do you have any offers? Has anyone making you one of these offers asked you why you were terminated? When is your interview? Are you sending applications out?
While we are all tempted to share our advice with you about the subject, Polar, the best advice anyone can give you is to focus on your sobriety. I am sure that letting go of alcohol permanently right now is too much for you to handle, and so getting caught up in this hypothetical job discussion is an understandable coping mechanism. We all have them. After I quit my past job due to alcohol-related issues, I showed up for my next 2-3 interviews drunk as a skunk and was nearly thrown out. After getting sober I was broke, poor, and lived off unemployment. It wasn't in my plans, but quite frankly looking back, that was all I could handle at the time.
If you're new to recovery and to sobriety, the best thing is to take small steps to keep sober. Going around in circles worrying about what your potential new employer might ask you someday seems like an unhealthy circumstance to focus on right now. Let's talk about your drinking. And your staying stopped. What's the plan? Do you have any ideas how you can stay on the sober path, so that when you do get another job, you can keep it?
While we are all tempted to share our advice with you about the subject, Polar, the best advice anyone can give you is to focus on your sobriety. I am sure that letting go of alcohol permanently right now is too much for you to handle, and so getting caught up in this hypothetical job discussion is an understandable coping mechanism. We all have them. After I quit my past job due to alcohol-related issues, I showed up for my next 2-3 interviews drunk as a skunk and was nearly thrown out. After getting sober I was broke, poor, and lived off unemployment. It wasn't in my plans, but quite frankly looking back, that was all I could handle at the time.
If you're new to recovery and to sobriety, the best thing is to take small steps to keep sober. Going around in circles worrying about what your potential new employer might ask you someday seems like an unhealthy circumstance to focus on right now. Let's talk about your drinking. And your staying stopped. What's the plan? Do you have any ideas how you can stay on the sober path, so that when you do get another job, you can keep it?
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Thread Starter
Join Date: Sep 2014
Posts: 177
Yeah, I just began to wonder if they fired me incorrectly and if I could do anything about it since I was never given a copy of anything mentioned in the law, which includes the test results and option to be retested. Got nothing of the sort.
Well, I'm a little over 5 days now. Still tempted, but trying to stay distracted as you can tell. The good thing is someone has been using my car in the evenings to get to work so I can't go to the store if I suddenly had a huge urge. I know it's still early and hopefully I'll make it through the weekend and look into a program Monday. Maybe I shouldn't think any further than that right now.
Well, I'm a little over 5 days now. Still tempted, but trying to stay distracted as you can tell. The good thing is someone has been using my car in the evenings to get to work so I can't go to the store if I suddenly had a huge urge. I know it's still early and hopefully I'll make it through the weekend and look into a program Monday. Maybe I shouldn't think any further than that right now.
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Join Date: Sep 2005
Location: Houston, TX
Posts: 2,126
Originally Posted by PolarBlue
...I just began to wonder if they fired me incorrectly and if I could do anything about it since I was never given a copy of anything mentioned in the law, which includes the test results and option to be retested. Got nothing of the sort...
Ah Well,
NoelleR
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Thread Starter
Join Date: Sep 2014
Posts: 177
I agree, it may be worth getting some free legal advice. So far the employer hasn't provided me with this:
Decision Number 1461-BH-91 - Discharge - Sections 8-1002, 8-1002.1, 8-1003 - Maryland Unemployment Decisions Digest - Appeals
I need to find out if I should have gotten this right away and if not how long they have to provide it. It's been almost a week.
CONCLUSIONS OF LAW
Annotated Code of Maryland, Health General Article Section 17-214.1, was in effect in February, 1990. That Law requires the employer to provide an employee who has tested positive for controlled substances or alcohol a copy of the lab test results, the employer's written policy on substance abuse, notice of the employer's intent to take disciplinary actions, and notification that the employee may request independent testing of the same sample at his own expense. The claimant worked for this employer in Landover, Maryland, and it is concluded that this Law was applicable to the employer, and that the employer's failure to comply with the Law negates a finding that the claimant was discharged for misconduct or gross misconduct.
Annotated Code of Maryland, Health General Article Section 17-214.1, was in effect in February, 1990. That Law requires the employer to provide an employee who has tested positive for controlled substances or alcohol a copy of the lab test results, the employer's written policy on substance abuse, notice of the employer's intent to take disciplinary actions, and notification that the employee may request independent testing of the same sample at his own expense. The claimant worked for this employer in Landover, Maryland, and it is concluded that this Law was applicable to the employer, and that the employer's failure to comply with the Law negates a finding that the claimant was discharged for misconduct or gross misconduct.
I need to find out if I should have gotten this right away and if not how long they have to provide it. It's been almost a week.
Crazy Cat Lady
Join Date: Aug 2011
Location: Seattle, WA
Posts: 2,661
I understand you've got all this legal stuff swirling around in your head and that is a major distraction. Just wondering what you've done for your sobriety right now? White knuckling is now way to live. Have you considered an AA meeting or have you looked into Rational Recovery or AVERT? Keep up with figuring out your unemployment/employment options but not to distraction. Life happens around sobriety, not vice versa.
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Join Date: Apr 2007
Location: Australia
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I agree with dG...it's easy to get fired up about recompense and justice but I don't actiually think thats your biggest problem right now?
Take care of staying sober and so many other things will fall into place behind that, I promise
It's just AVRT 
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Take care of staying sober and so many other things will fall into place behind that, I promise
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