Can I get unemployment if I was fired for getting a DUI?
Updated : December 9th, 2022
“Can I get unemployment if I got fired for getting arrested for a DUI?”
Posted by Luci (Pompano Beach, FL)
I have not been convicted of the DUI. But I missed 10 days of work because I could not get out of jail. My work was called immediately to let them know. When I got out they told me they could no longer keep me. I’m not sure if I was fired or laid off.
Hi Luci,
You were fired. And probably not directly because you were in jail for a DUI. Since you have not yet been convicted yet, it may be safe to assume you were fired for violation of the employer’s attendance policy.
The reason for termination should in fact be for something considered, misconduct connected with the work.
Now, although Florida does not have an adjudication manual available, or a special provision in law for those who admit to a compulsion to drink, I can tell you what I think your problem with benefits will be.
Attending work when scheduled and on time is an employee’s responsibility. This includes following the call-off procedure and the possibility you are already laboring under a formal written warning for attendance if you did manage to call into work. However, if you no called/no showed for two days or more, that is more likely something that should be adjudicated as a voluntary quit by job abandonment.
But let’s lay this aside for a moment to understand why in states such as California, or Colorado the special provision might work.
A person that becomes too sick to work suddenly and winds up in the hospital can also be fired merely because most work in America is of the at-will variety. However, for purposes of UI, there is a big question mark as to whether the discharge is for work related misconduct, mostly because the circumstances and the illness are beyond the employee’s control.
In California and Colorado, admitting that one has a compulsion to drink, is admitting to the illness of alcoholism and completion of a 12 step program is like seeking treatment, which can be good cause for the UI dept. to lift a disqualification of benefits.
Florida has no such loophole in UI law for alcoholics – functioning employees or not.
However, you raise a valid point about not being convicted .. yet. Now, as I said, Florida doesn’t explain or mention your situation specifically in their statutes, but in other states, an unemployment hearing can be postponed until the charge is resolved, therefore, a
not guilty may show the incarceration and by virtue, the job loss, was in fact beyond your control.
Understand? I think it is dependent on whether you were rightfully or wrongfully incarcerated for a DUI and whether you are managed to come out of that unscathed.
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I worked 100% remotely for a company in Pennsylvania, but reside and pay taxes in Mass. HR is telling me I must file unemployment in Penn not Mass. Is that correct? I pay Mass taxes. Mass pays max $1015 vs Penn which pays max $572 which is a HUGE difference.
Where do I file unemployment?
Hi, there – you typically file for unemployment in the state in which unemployment taxes have been deposited on your behalf. One thing you can do is take a look at your last pay stub and it will tell you the state where unemployment was paid. That is the state in which you should apply for unemployment benefits.
My family was living in hotels and out car for a long time. As soon as we git the benefits we were in the process of finalizing paperwork for move in we went to find that all the benefits paid onto my and my finances banknof america card was gone. A total of approximately 10k taken on July 11, 2020. We have yet to receive updates or our money back. The horror story and back and forth customer service not even for for a dog could sum enough pages to write a book. Vehicle repossession and thousands of hours on the phone and email correspondence to no avail. Blame game was shifted between the UI office and B of A so much it Kade my head spin. And here we are 2 5 years later to never have received the money back or wven a reasonable and accountable explanation if facts, discoveries if anything to justify their taking our money. They treat you like you have no right to the information. There is no transparency or accountability it’s an outright unjustice, criminal acts on their part To make matters worse the UI had the bad taste to include the funds that were seized on our 1099s so that we were taxed for some if it and reported as overpayments they never even adjusted their books. How does this happen in America this day and age?
Someone filed for unemployment using my identity information. I think I know who. What do I do?
Hi, Linda – you should report identity theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by phone at 1-877-438-4338. The FTC will collect the details of your situation. You may also need to file a local police report. In addition, you should reach out to the unemployment authority for your state and report unemployment insurance fraud. Any information you can share will be helpful to authorities.
The pressing 9 no longer works. They told me it was for interpretation service only.
Press 2 to speak to spanish rep
Social security
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You should get hold music after this. Don’t hang up.
I tried this and got an english speaking rep after 5 minutes on hold