Can I get unemployment if I got fired for getting arrested for a DUI?

by Luci
(Pompano Beach, FL)

I have not been convicted for the DUI. 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 layed off.


Hi Luci,

You were fired. And probably not directly because you were in jail for a DUI which you have not yet been convicted, but for violation of the attendance policy because the reason for termination needs to be misconduct connected with the work.

Now, although Florida does not have an adjudication manual available. I can tell you what I think your problem is going to be.

Attending work is your responsibility. Following the call-off procedures is your responsibility.

But let's lay this aside for a moment.

A person that is sick and in the hospital might be fired, but there is no question about whether the circumstances are beyond their control .. They are.

Your situation presents a situation where one should have known that their actions on their own personal time could lead to endangering their ability to keep a job which they are required to show up for. Therefore you are not without fault.

But you raise a valid point about not being convicted .. yet. Now, like 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 verdict might be sufficient to show the situation was beyond your control.

Understand this? Were you rightfully or wrongfully incarcerated?