QUESTION
Does he meet unemployment qualifications?
Asked on Dec 06th, 2011 on Labor and Employment - Oregon
More details to this question:
Someone I know got fired under "suspicion" of using drugs on his job. There was no evidence, just hearsay. And they wouldn't give him the chance to take a drug test to prove his innocence. Would he still be eligible for unemployment since they technically fired him for no reason? He's willing to take a drug test and everything.
1 ANSWER
Kevin Elliott Parks
He should file for unemployment. In these circumstances, it's possible that the employer would contest a benefit award, which would necessitate a hearing, at which time he could offer up evidence explaining the situation. Whether he's ultimately entitled or not, however, depends on the factual findings of the ALJ, specifically whether or not he was fired for cause. He can retain an attorney to represent him in this proceeding if necessary.
Answered on Dec 08th, 2011 at 6:44 PM