Can I be terminated because I smell like alcohol from the day before?

H R call me to the office to correct some paper work. When I came to the office the intern said that I smell like alcohol,I explan that I was drinking the night before in celebrating Father's Day with my husband. She ask me to go to the hospital to get tested. Nationally I tested positive from drinking the night before plus I drink heavy. After which she sent me home then later call me at home & told me not to report back to work til receive a letter which stated that I was having a hearing. Where I was told that I'll get another letter stating the results of the hearing, which was termination. mind you I was not drinking during work hours nor was I drinking on the job. My drinking only occured after work & on my days off.

1 answer  |  asked Jul 8, 2011 6:28 PM [EST]  |  applies to Illinois

Answers (1)

John Otto
There is a law in Illinois that you cannot be terminated for taking a legal substance during non work hours. But you can be terminated if it affects your work, i.e. you can't get drunk just before you go to work and expect that law to protect you. You don't say what your blood alcohol level was when you were tested. If you were smelling of alcohol when you came to work and you tested positive for blood alcohol, I think the company is going to win any dispute about whether your drinking affected your work. I'm not saying a creative lawyer couldn't save your job. But I wouldn't want to take your case.

posted by John Otto  |  Jul 8, 2011 6:48 PM [EST]

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