Unemployment benefits; termination for “good cause” for drinking off premises before work: KENTUCKY UNEMPLOYMENT COMM. v. DURO BAG MANUFACTURING (COA 3/28/2008)

KY UNEMPLOYMENT INS. COMM. v. DURO BAG MANUFACTURING
EMPLOYMENT:  Unemployment benefits; termination for "good cause" for drinking off premises before work
2006-CA-002625
PUBLISHED: AFFIRMING
PANEL: WINE PRESIDING; DIXON, LAMBERT CONCUR
BOONE COUNTY
DATE RENDERED: 3/28/2008

Consuming alcohol off the premises and several hours before beginning work is sufficient to disqualify the claimant from receiving unemployment) benefits.  Not only does this unsatisfactory conduct constitute good cause for firing an employee but her single act of inappropriate behavior also meets the definition of misconduct under the Act to deny her unemployment benefits.  The Referee erred when he relied on KRS 189A.010(3)(a)which provides “[i ]f there was an alcohol concentration of less than 0.05 …it shall be presumed that the defendant was not under the influence of alcohol” since this DUI statutory definition is not relevant in this case.

Digested by Michael Stevens