A gym teacher in Washington who admits to being drunk at work is suing to get his job back.

Erik Schock was sent home from Chinook Middle School in February after an assistant principal noticed his breath stunk of alcohol around noon, he had slurred speech and his eyes were bloodshot, according to the Seattle Post Intelligencer.

Schock initially claimed he drank three glasses of beer the night before with dinner, then soon changed his story to say he had actually had nine, according to an August report detailing the allegations against the 11-year school employee.

A test at 2 p.m. the next day showed his blood-alcohol level was 0.05, according to the Bellevue Patch.

Schock doesn't dispute he showed up to work drunk, but claims he shouldn't be fired because he did not engage in "flagrant misconduct" as defined by state law.

The district has not yet responded to the lawsuit.