Skip to Main Content
Employment Development Department
Employment Development Department

Misconduct MC 270 - Reason for Decision

Use of Intoxicants and Drug Testing

I. DISQUALIFICATION

Effective January 1, 2006, Assembly Bill 1577 (Chapter 152, Statutes of 2005) renumbered UI Code Section 1256.5 for separations due to the use of Intoxicants (TOX) to 1256.4. Therefore, any separations involving a TOX issue when the last date worked is before January 1, 2006, are to be adjudicated under the former UI Code Section 1256.5. Separations involving a TOX issue when the last date worked is on or after January 1, 2006, are to be adjudicated under UI Code Section 1256.4. No provisions of the law were changed other than the renumbering of the Code Section.

A. Reporting to Work Intoxicated

You were discharged from your last job with (Employer Name) because you appeared at your job in an intoxicated condition. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

B. Hangover

You were discharged from your last job with (Employer Name) because you appeared at your job in a condition which prevented you from properly performing your duties. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

C. Use of Intoxicants on the Job

You were discharged from your last job with (Employer Name) because you used drugs or alcohol during working hours. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

D. Use of Intoxicants on a Break Period

You were discharged from your last job with (Employer Name) because you used drugs or alcohol during a break period. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

E. Intoxication Off the Job

You were discharged from your last job with (Employer Name) because of intoxication or use of drugs or alcohol while off duty. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

F. No Longer in Use

G. Refusal to Take Drug Test

You were discharged from your last job with (Employer Name) because you refused to take a drug test as required by your employer. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

H. Testing Positive

You were discharged from your last job with (Employer Name) because you tested positive to a drug test required by the employer. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

I. Section 1256.5 Disqualification (use when separation date is before January 1, 2006)

You were discharged from your last job with (Employer Name) because of behavior related to the uncontrollable use of drugs or alcohol. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits under Section 1256.5.

J. Section 1256.5 Disqualification-Section 1256 Eligible-Able to Purge TOX Disqualification (use when separation date is before January 1, 2006)

You were discharged from your last job with (Employer Name) because of behavior related to the uncontrollable use of drugs or alcohol. A discharge for that reason is disqualifying under Section 1256.5. However, because you had already met the conditions required for lifting this disqualification at the time you filed your claim, this disqualification has ended.

K. Section 1256.4 Disqualification (use when separation date is on or after January 1, 2006)

You were discharged from your last job with (Employer Name) because of behavior related to the uncontrollable use of drugs or alcohol. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits under Section 1256.4.

L. Section 1256.4 Disqualification-Section 1256 Eligible-Able to Purge TOX Disqualification (use when separation date is on or after January 1, 2006)

You were discharged from your last job with (Employer Name) because of behavior related to the uncontrollable use of drugs or alcohol. A discharge for that reason is disqualifying under Section 1256.4. However, because you had already met the conditions required for lifting this disqualification at the time you filed your claim, this disqualification has ended.

II. ELIGIBLE

AA. Reporting to Work Intoxicated Not Supported by Facts

You discharged the claimant for allegedly reporting to work in an intoxicated condition. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

BB. Hangover Not Supported by Facts

You discharged the claimant for allegedly reporting to work with a hangover and unable to perform his or her duties. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

CC. Use of Intoxicants on the Job Not Supported by Facts

You discharged the claimant for allegedly using drugs or alcohol on the job. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

DD. Drinking on the Job Condoned by Employer

You discharged the claimant for drinking on the job. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

EE. Drinking During a Break Period No Warning

You discharged the claimant for drinking during a break period. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

FF. Intoxication Off the Job

You discharged the claimant for using drugs or alcohol while off the job. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

GG. No Longer in Use

HH. Refusal to Take Drug Test

You discharged the claimant for refusing to take a drug test required by you. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

II. Testing Positive Required Test Unreasonable/Test Invalid

You discharged the claimant for testing positive to a drug test. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

JJ. Section 1256.5 Disqualification - Section 1256 Eligible (use when separation date is before January 1, 2006)

You discharged the claimant for behavior related to the use of drugs or alcohol. The Department has considered all available information and found that the claimant's actions do not meet the disqualifying provisions of Section 1256. However, the reason for discharge is disqualifying under Section 1256.5. As a result, the following disqualification has been issued to the claimant.

KK. Able to Purge TOX Disqualification

You discharged the claimant for incidents resulting from an uncontrollable use of drugs or alcohol. A discharge for that reason is disqualifying. However, at the time of filing his or her claim for benefits, the claimant had already met the conditions required for lifting the disqualification.

LL. Section 1256.5 Disqualification-Section 1256 Eligible-Able to Purge TOX Disqualification (use when separation date is before January 1, 2006)

You discharged the claimant for behavior related to the use of drugs or alcohol. The Department has considered all available information and found that the claimant's actions do not meet the disqualifying provisions of Section 1256. A discharge for that reason, however, is disqualifying under Section 1256.5. At the time of filing his or her claim for benefits, the claimant had already met the conditions required for ending the disqualification.

MM. Section 1256.5 Not Supported by Facts (use when separation date is before January 1, 2006)

You discharged the claimant for actions allegedly related to an uncontrollable use of drugs or alcohol. After considering the available information, the Department finds that the incident leading to the claimant's discharge was not caused by a compulsive use of drugs or alcohol. Therefore, the claimant is not disqualified under section 1256.5.

NN. Section 1256.4 Disqualification - Section 1256 Eligible (use when separation date is on or after January 1, 2006)

You discharged the claimant for behavior related to the use of drugs or alcohol. The Department has considered all available information and found that the claimant's actions do not meet the disqualifying provisions of Section 1256. However, the reason for discharge is disqualifying under Section 1256.4. As a result, the following disqualification has been issued to the claimant.

OO. Section 1256.4 Disqualification-Section 1256 Eligible-Able to Purge TOX Disqualification (use when separation date is on or after January 1, 2006)

You discharged the claimant for behavior related to the use of drugs or alcohol. The Department has considered all available information and found that the claimant's actions do not meet the disqualifying provisions of Section 1256. A discharge for that reason, however, is disqualifying under Section 1256.4. At the time of filing his or her claim for benefits, the claimant had already met the conditions required for ending the disqualification.

PP. Section 1256.4 Not Supported by Facts (use when separation date is on or after January 1, 2006)

You discharged the claimant for actions allegedly related to an uncontrollable use of drugs or alcohol. After considering the available information, the Department finds that the incident leading to the claimant's discharge was not caused by a compulsive use of drugs or alcohol. Therefore, the claimant is not disqualified under section 1256.4.