Fired for showing up drunk?
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x98peterson
If you fire someone for showing up to the job drunk- what reason do you list for firing? Is this "wilful misconduct"? Also, should he be able to collect unemployment? We are in Colorado.
Thanks
.gif){kind=avatar} lcr000 |
If you did not have the employee submit to a drug/alcohol test and you fired him/her they will probably collect unemployment as you have no proof they were drunk, it may sound crazy but the unemployment office will ask you |
.gif){kind=avatar} Larry L |
I was researching the information based on your question and it does fall under "Willful Misconduct" for drunk and that depends on the state of Colorado if you will be able to collect unemployment insurance. But most likely the employer may deny it. |
.jpg){kind=avatar} Kelsey |
If you are the employer, you could call it willful misconduct and you are well within your rights to fight their claim and have a good chance of winning it. Just because they get fired, they can get UI but if you deny their claim, they will probably not see any of that money. |
 brittney |
If the employee is incapable of performing his/her duties or operating machinery or dealing with the public the the employer is within his rights to send the employee home. You must see that the employee gets home safely as per duty of care. Then at the next available opportunity you convene a meeting with the employee and point out company policy. If policy decrees drunkenness is a dismissable offence in the first instance then you have acted appropriately. If no reference is made regarding drunkenness then you may have to caution the employee . If the caution is a third / as per policy; then dismss the employee under the third strike rule. Whether wilful misconduct will stand depends on whether it is in company policy and if the employee has undergone policy induction. hope this helps. |
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