by Mike
(Missouri)
I was a truck driver for a while and I originally quit due to some health reasons concerning my wife.
A month later, things got better and I was able to go back to work. I failed the “Return to Duty” drug screen (I know…stupid) but I filed for my unemployment benefits anyway. I was denied the first time (using the reason I quit) but I kept filing for benefits.
The employer let them know that I was fired due to failed drug screen. Several weeks later I received some papers about a telephone hearing. Reading through all the papers it showed that I was gonna get my benefits because the employer failed to provide an incident report when they were given the opportunity. Well, when they found out that I was gonna get my benefits they decided to appeal the decision.
I have been going through the SAP (Substance Abuse Program) so I can get back to driving.
I have been unable to find any work at all. I know my chances may be slim to none but nonetheless, I’m looking for advice.
Since I am going through the SAP will that help me in any way since I’m showing an effort to correct a mistake I made. I have spent to much money on my CDL to let it go to waste. Also, does it help me since they failed to provide an incident report when given the opportunity?
Hi Mike,
I think this is the first time someone has asked a question about an unemployment benefits determination that actually made sense as to why the state did what they did.
I do have questions about why you quit for your wife’s illness with regard to whether you should have been entitled to FMLA, but since Missouri is an attorney state .. I’ll refer you to this Missouri attorney’s website
As for your question about whether the employer’s failure to provide an incident report (the drug testing documentation) I think this is the statute which explains the need for the incident report.
As I said, Missouri is an attorney state, so I have less information about what they allow as admissible at hearing, but I am not aware of any statute which would require the person presiding at the hearing to consider whether the employer failed to meet their burden due to not providing the “incident report” prior to the appeal.
Most, but not ALL states allow documents to be submitted later for the hearing.
An exception would be Kansas. If an employer or a claimant does not provide “complete separation information” at the time of protest an issue is added to the hearing notice addressing the failure to see if there was a valid reason for not doing so.
And please understand that the above information is just that .. information. It is your responsibility to investigate your rights. If you feel you need legal “advice” ask a lawyer ask a lawyer