Unemployment Compensation Denied to Employee With DUI on Personal Time in Company Vehicle.

On September 25, 2007, the Franklin County Court of Appeals affirmed the denial of unemployment compensation to an employee who had been fired for driving an employer-owned vehicle while under the influence of alcohol during personal time. Kisker v. Ohio Dept. of Job & Family Servs., 2007-Ohio-5019. The employee failed a field sobriety test and breathalyzer administered by the Westerville police after they stopped him for speeding. The employer had a policy providing that employees could be fired for a first offense of driving a company vehicle while under the influence whether on personal or work time. (The policy provided that employees would certainly be fired for a second offense). The employee admittedly had been given a copy of this policy.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney. Insomiacs can read the full decision at http://www.sconet.state.oh.us/rod/newpdf/10/2007/2007-ohio-5019.pdf.