Can you be fired because someone smelled alcohol on your breath and collect unemployment
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?
Smelling of Alcohol Isn't Proof Positive Alone There is Work Misconduct
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.
Each state can be different as to what is needed to prove a violation of an employer's drug/alcohol policy. Even when two states have very similar statutes, it can be how the state interprets the statute that raises the bar on proving the truth to be a fact.
A discharge means the burden to prove misconduct to deny unemployment benefits, is that of the employer. So you need to see the bar they must reach .. in your own case.
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 confirming use. Of course if they have good cause to request the test and you refuse the test...they could now possibly prove insubordination for refusing to submit to taking the test.
Of course, this is all dependent upon an employer's written policy about drug, or alcohol use.
Read the statute and apply it to your situation.
And this link explaining how long alcohol can stay in one's system
.. even when one isn't acting intoxicated, but still smells like they might be.. could be be useful.