Misconduct based on intoxicating beverages or medications

 In Nebraska an employee is generally eligible for unemployment benefits if the employee is fired but not for misconduct.

If the commissioner finds that the individual was discharged for misconduct which included being under the influence of any intoxicating beverage or being under the influence of any controlled substance on the worksite or while engaged in work for the employer the employee is disqualified for unemployment benefits. In addition the employee is disqualified for unemployment benefits for fourteen-weeks and the commissioner will cancel all wage credits earned as a result of employment.  There may be some leeway if the employee has taken a controlled substance listed in section Neb. Rev. Stat. 28-405 but it was prescribed by a physician licensed to practice medicine or surgery.  If you were terminated due and there are allegations that you were intoxicated due to medication or other substances you may want to hire a lawyer to represent you.

If you have been denied Nebraska unemployment benefits on the basis of your termination due to alleged misconduct, you should consider hiring a Nebraska attorney to help you plead your case for unemployment benefits.  The appeal hearing is much like a trial and you have the right to subpoena witnesses and evidence.

If you live in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, or Cass Counties and you need an employment law attorney, consider contacting Angela Y. Madathil and the Madathil Law Firm. 

Contact us at angela@madathil-law.com or by telephone at 402.577.0686.  For more information feel free to look at our website www.madathil-law.com.