Can you be fired because someone smelled alcohol on your breath and collect unemployment

by Sarah
(Portland)

I went out for a drink the night before work and the next day a girl smelled alcohol on my breath though I was able to function in my job perfectly fine with witnesses. If they fire me for that, can I get Unemployment?


Hi Sarah,

I'm assuming you're located in Portland Oregon. First, you need to read 657.176 here. You'll have to scroll down a bit to find it, but it will tell you what can disqualify you from benefits.

Again, each state is different. Even when two states have very similar statutes they can be interpreted differently.

My first thought, given the information you provided is to ask you...Did the employer send you for a test to confirm your blood alcohol level?

A large part of Oregon's unemployment disqualification statute has to do with exactly this subject.

It is extremely difficult for an employer to show good cause for firing someone for drug or alcohol use without a test. Of course if they have good cause to request the test and you refuse the test...they could now show good cause for a rule violation.

Of course, this is all dependent upon the written policy.

Read the statute and apply it to your own situation.

Chris