Kittanning, PA asked in Employment Law and Public Benefits for Pennsylvania

Q: Do I have a valid reason for an unemployment compensation appeal? My benefits were denied.

I was terminated from my job on May 16, 2016 for failing to pass an alcohol test that I believe was unlawful and/or inaccurate. I have filed an appeal for denial of unemployment compensation benefits. The regional manager who appeared at my workplace on the 16th came to the office after a coworker sent her an email saying I smelled like alcohol, was loud and giddy. This is secondhand information that the manager received. My manager witnessed no such behavior. The nurse at the Butler FastER care who administered the test was unsure of what she was doing and stated she :had not done one of these in a while and had to ask other staff details about how to administer/conduct the test. Do I have a potential case?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Not if the test came back positive, unless you can explain how that was. The supervisor may, under your company rules, ask you to take an ETOH test. It's not a police "probable cause" requirement. Law basically says if you don't like work rules, barring a union contract you can stay and live under the rules or leave.

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