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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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Hello. I was fired from my job the day after Christmas because

Customer Question

Hello. I was fired from my job the day after Christmas because I was asked to go take a breathalyzer test. Granted, I was on a last chance agreement with my employer. I failed the breathalyzer. I was fired. Is there anything that I can do?
Submitted: 6 years ago.
Category: Legal
Expert:  JB Umphrey replied 6 years ago.

Thank you for using JustAnswer!


I am sorry to learn of your circumstances. Because you were already on a last chance agreement with your employer, unfortunately, there is nothing else that you can do to try and get your job back.


You can try filing for unemployment. Your employer may fight it. Your employer may not. You don't know until you try, though.


Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer: replied 6 years ago.
Thank you. I thought that I had some type of loophole because breathalyzers are not completely accurate. :( thanks again
Expert:  JB Umphrey replied 6 years ago.

In these types of situations, the breathalyzer doesn't even have to be on the nose. Merely testing positive for alcohol at any level would be considered "misconduct" and give your employer grounds to take action. The employer wouldn't even have to give a breathalyzer -- smelling alcohol on the person would be grounds enough.


Hope that you find these answers to be ACCEPTable!

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