Unemployment compensation

[maestro62]

I got my unemployment card and checked the status of my claim. It says "There is an issue on your claim which is currently being reviewed. Payment cannot be made until all issues are resolved. Please continue to file your biweekly claims". I am in the PNAP program in Pennsylvania for an alcohol issue. I was sober for 2 1/2 years and I drank, got tested and was caught. I signed an contract with the hospital and had to tell them I couldn't work because my license was being reviewed. I drank wine the Wednesday before Thanksgiving and didn't work till the following Monday. My work evaluations were fine. On 12/3 I was terminated because I breached my contract. Will I be able to collect? I've worked for 42 years and never collected. My wife's retired and I'm told my license will be on hold for 3 months. Any Ideas. I was really stupid but am told relapse is part of recovery. I believe this is Gods plan for me but it's still scary!!!

[Lisacar130]

I'm sure there will be people saying you won't be able to collect but I say why not try? I would appeal it too if they deny it at first, if you can. I've never collected so I would 't know too much about it but I know my husband in the past has been able to collect after being fired for calling off too many times. I think he had to appeal it too. You still might not get it but I think it is worth a shot. I would expect to have to appeal it though. I haven't heard of anyone collecting unemployment in your scenario but I don't know of anyone who has tried either, in your scenario.

I was able to collect short term disability from my old work after getting caught stealing drugs from the hospital and I thought that was crazy. I was able to collect while in treatment and on FMLA. Once IOP was over, so was the short term disability.

[caliotter3]

Sometimes an attorney who deals with this type of case can help. But, if nothing else, follow all procedures to appeal. You can't win if you don't try.

[rt7577]

I'm in a similar situation. My unemployment was denied after them reviewing it. Their reason was that I knew the consequences of my actions.

[VivaLasViejas, ASN, RN]

I would expect not to get unemployment benefits. You were fired for cause, and to say the least, the program frowns on it. I'm being realistic here because I have been on unemployment several times and know a little about the rules. However, in your case I would appeal a denial on general principles, because you never know. I even got benefits one time when I *quit* a job for mental health reasons; the stress of the job was so severe that I had a breakdown at work, and the hospital told me they wouldn't fight my claim with the employment division. (I guess they were glad to get rid of me.) So it wouldn't hurt to go for it, the worst they can do is say No.

In the meantime, you may want to evaluate yourself as to your drinking. I don't know your situation but I wonder why you took the chance, knowing you might get caught. I know what it's like to face the temptation (I'm a recovering alcoholic myself) so you have my sympathies.

I wish you the very best as you work through this.

[StillRN]

I was denied because I was fired for cause. They had my written statement to the Board and everything. I was too embarrassed to appeal. BUT, I had an ex Boyfriend who was fired for cause and won his appeal because no one from the company showed up to dispute it. It can't hurt. All they can say is no. Good luck.

[Persephone Paige, ADN]

I think you could claim discrimination. I don't personally subscribe to addiction being a 'disease,' but the DSM does. If someone has a 'disease,' how in the hell can you fire them for having a relapse? I'd get an attorney. You will win this, my prediction.

[BogieRN]

I'm getting unemployment but I had more than one full time job in the last year. The hospital said I was fired due to breaking the code of conduct! Luckily that doesn't keep me from getting unemployment. My other job said they offered me work and I appealed it stating I contacted them multiple times and they refuse to give me work. Still waiting on a decision for that company. But I'm getting paid for now. Just appeal any denial. Everyone I know has gotten it approved on appeal.

[Persephone Paige, ADN]

My thoughts are that perhaps, they can fire you for cause. What exactly is cause? I can see 'cause' as being showing up drunk or high for a shift. BUT, if we follow the 'disease' concept, that would be like hiring a diabetic and then firing them for failing to take care of their blood sugars and showing up in hyperglycemia. Yes, you can't help being born with DNA that makes you more prone to diabetes. Failing to take care of yourself and follow doctor's orders is a choice. As I have said previously, I don't personally see addiction as a disease for myself. However, if someone tries to **** with me, I am not above using the disease concept to fight them in a discrimination case. Drinking 4 days prior to getting popped for a random is dumb, it's self destructive. According to textbooks relapse can be a part of the process of recovery... But, it's not a breach of the nurse practice act. The institution may be able to fire you for breaching your contract with them. The disability is not under the umbrella of the institution, it's an insurance we pay for. Fight them under discrimination, you cannot deny someone compensation for a condition that has been labeled as a disease by the medical community.