Can you get California EDD unemployment if you fail a drug test at your job?

So even if I get denied initially I should still appeal? I wasn't sure if an appeal was even realistic in a drug test situation or if it's basically a lost cause.

Definitely appeal if you get denied. The appeals process is where a lot of people actually win their cases. You'd want to gather evidence — the policy document you signed, any inconsistencies in how the test was administered, whether other employees in similar situations were treated differently. It's not a lost cause at all.

wait so failing a drug test isn't automatically misconduct in california?? i always assumed it was an instant denial

I think I signed something when I was hired but I don't have a copy. Would my former employer have to provide that if I request it?

You can request your personnel file from your former employer — California law gives you that right. They're required to provide it. That policy document could be key for your appeal.

This is really helpful, I'm in a somewhat similar situation and didn't know about the personnel file request option

I've been trying to call EDD for two days and can't get through. Going to check out that Claimyr link, thanks.

seconded on the EDD phone situation being brutal. took me 6 days to get through last time

does claimyr actually work or is it one of those things that sounds good but doesn't deliver? genuinely asking

Really common misconception. California's unemployment law defines misconduct more narrowly than most people expect. The burden is actually on the employer to prove misconduct, not on you to prove you weren't guilty of it.

huh okay that's actually good to know. the system is more complicated than I thought

That would actually be a significant factor. If you can demonstrate the test was targeted or retaliatory rather than part of a standard random program, that could affect both your EDD claim AND potentially give you grounds for a wrongful termination claim separately. EDD would consider whether the stated reason for termination was pretextual.

wow okay didn't realize that. the person I'm asking for might actually have something along those lines going on

yeah definitely talk to an employment attorney in that scenario, a lot of them do free consultations

This is incredibly useful, thank you. I'm going to try to remember all of this for when I talk to EDD.

This matches exactly what came up in my appeal hearing. The ALJ literally walked through almost this exact checklist.

do you know if prescription medications that cause a false positive factor into this at all?

Yes that's actually a valid defense in both the employment and unemployment contexts. If you have a valid prescription and the substance detected was consistent with that prescription, you'd want documentation from your doctor. You should have had the right to contest the initial result with a confirmatory test (usually a more specific GC/MS test) — did that happen?

honestly I'm not sure they even offered that. they just told me the result and that was it

If you weren't offered the opportunity to contest or retest that's actually important information for an EDD appeal. Document that.

Yeah it stings especially after that long. No second chances offered, just immediate termination.

that's brutal. hope the appeal goes your way

That's a really good point. I'd rather know what EDD already has on file before I write my appeal response. Going to try to get through to someone.

makes sense to know what you're working with before you write anything

This is encouraging to hear. How long did the whole process take from initial denial to winning the appeal?

about 11 weeks from denial to the hearing decision. it felt forever but the back pay covered all of it once I won

that's actually reassuring that the back pay covers the waiting period

You absolutely must keep filing your weekly certifications even during adjudication — this is important and a lot of people don't realize it. If you stop filing and then win your appeal, EDD can only pay back weeks that were actually certified. Missing weeks means you lose that money permanently.

oh wow okay I did NOT know that. that's the kind of thing nobody tells you upfront

Wait I need to confirm this — so even though I haven't been approved yet I should be filing every week?

Yes, start filing weekly certifications immediately after you file your initial claim, regardless of pending adjudication. You will not be paid until the issue is resolved but those weeks need to be on record.

It varies a lot but 4-8 weeks is pretty common for misconduct adjudications. If it goes to an appeal hearing it can stretch to 3-4 months total. Frustrating but unfortunately that's the reality right now.

ugh okay. and there's no way to speed it up?

Calling EDD to check status can sometimes help move things along, or at least get you information. If you're having trouble getting through, claimyr.com helped me reach an actual EDD agent relatively quickly — might be worth trying if you've been on hold forever

Great question. Generally no — a misconduct disqualification applies to that specific benefit year and that specific separation. If you work a new job and are laid off through no fault of your own later, you'd file a new claim based on that new separation. The prior disqualification doesn't automatically carry over.

oh good, that's a relief. was worried about that

Good to know the hearings aren't as intimidating as I imagined. Did you have a lawyer or representative or did you do it yourself?

did it myself. you can bring representation but it's not required. the ALJ explained everything pretty clearly

can you bring a union rep if you have one?

yes you can bring a representative, union rep qualifies

that's a really oversimplified take though. people have valid prescriptions, tests have errors, and even if someone made a mistake it doesn't mean they should lose their livelihood with no recourse

fair point about prescriptions and errors I guess. I didn't think about that angle

Good catch — they're related but technically different. A denial means EDD determined you don't meet the basic eligibility criteria (like not having enough wages). A disqualification means you met basic eligibility but something about the separation or your conduct makes you ineligible for a period of time. Misconduct results in a disqualification, not just a denial. The appeal process applies to both but the legal standards are different.

oh okay that actually makes a lot of sense. so a disqualification is specifically about why you left or were let go

Exactly. And with a misconduct disqualification, if you win the appeal you can still collect benefits from those backdated weeks you certified. That's why continuing to file weekly certifications during the process is so critical.

That 'may' vs 'shall' distinction in policy language is EXACTLY the kind of thing ALJs focus on. You've got a solid argument. Good luck at the hearing.

rooting for you. come back and update us

Wait this is my own post lol — yes this is me updating. I'll report back after the hearing next month. Thanks everyone in this thread, you guys genuinely helped me understand what I was dealing with.

please do update, this whole thread has been really informative