If you get fired for failing a drug test can you get California EDD unemployment?

Wait so there's actually a chance I could get approved even with 'terminated for cause' on the paperwork? I figured that wording was basically a death sentence for my claim.

The 'terminated for cause' language is your employer's characterization - EDD makes its own independent determination. 'For cause' from an employer's perspective doesn't automatically equal 'misconduct' under UI law. The burden is actually on the employer to prove misconduct to EDD's standard, not just their own HR standard.

this is really good info i wish someone had told me this when i got fired 2 years ago i just assumed i couldnt get benefits and never even filed

That's actually really encouraging. Did you hire a lawyer or just handle it yourself?

Handled it myself. Just made sure I had documentation - my medical rec, my employment file showing no prior disciplinary issues, and a written statement explaining the circumstances. Organized and clear beats expensive lawyer in most EDD adjudication situations imo.

important to note that cannabis specifically has some additional nuance in CA since its legal recreationally - EDD has had to grapple with this more than most states. Other substances are treated differently so make sure you know what you're working with before you craft your response to EDD

I'm sorry that happened to you. Did the prior warning actually factor into the drug test denial or was EDD just using it as additional evidence?

EDD specifically mentioned the prior warning in the determination letter as evidence of a 'pattern of disregard for employer's reasonable expectations.' So yeah it definitely factored in. If you have a clean record prior to this termination that's actually a meaningful difference from my situation.

this is why you should always appeal even if you think you'll lose. the standards at appeal are different and sometimes you get a different result with a fresh set of eyes on the case

Two weeks of trying to get through?? That's my nightmare. I've already tried calling three times and hung up after 45 minutes each time. I'll check out that Claimyr link.

can confirm claimyr works, used it when my claim got flagged for something unrelated. actually talking to a human at edd is night and day compared to trying to figure things out from the website alone

ive been trying to get through to edd for literally 6 days now about my own claim situation. didnt know this was a thing. going to the site right now

This is incredibly helpful. I have a completely clean record at this job - almost 3 years, no write-ups, one commendation actually. The test was random and came back positive. No incidents, no complaints, nothing. Based on what you're describing I might have a better case than I thought.

Three years clean record is genuinely significant. Make sure you document that in your EDD questionnaire - length of employment and absence of prior discipline are factors EDD considers when evaluating whether a single incident rises to the level of 'misconduct.

can i ask what happens if you don't respond to the EDD questionnaire? like if you just ignore it? asking for someone lol

If you don't respond to EDD's questionnaire they will typically deny your claim based on the employer's version of events only. Always respond. Even if your response is brief, always respond.

100% agree. The EDD website just keeps directing you to general information about 'misconduct' without ever giving examples of what does and doesn't qualify.

The California Unemployment Insurance Appeals Board (CUIAB) actually publishes precedent decisions that are more useful than the EDD website if you want to research your specific situation. Search 'CUIAB drug test' and you'll find actual case outcomes.

This is gold, thank you. I did sign the policy when I was hired, which doesn't help me, but I've genuinely never had any drug-related conversation with my employer in 3 years. Does signing the policy automatically count against me?

Signing the policy establishes that you knew the rule existed, which is one factor - but it doesn't automatically equal misconduct. Lots of people sign policies and have one isolated incident. The totality of circumstances still matters. Just be honest and thorough in your response.

the employer side perspective is really helpful here. its easy to assume they just check yes on everything but apparently what they write actually matters

Great question. If EDD determines you were disqualified from the start (which is what a misconduct finding would do), any benefits paid during the pending adjudication period typically become an overpayment that you'd be required to repay. This is one reason it matters a lot to understand your situation before your claim gets too far. If you have serious doubts about eligibility, consulting with an employment attorney for even a 30-min consultation can be worth it.

oh no that's exactly what I was afraid of. I've received like 3 weeks of payments already while my claim is in adjudication. I need to figure this out asap

This is exactly when getting to an actual EDD agent on the phone really matters. If you're worried about your adjudication outcome and potential overpayment exposure, you need real answers not just forum guesses. Claimyr (claimyr.com) is genuinely worth using in urgent situations like this - the video demo at https://youtu.be/JmuwXR7HA10 shows how it works. I used it specifically because I needed actual answers before my adjudication deadline and it was the only way I could get through.

overpayment is genuinely scary. been there for a different reason. the sooner you deal with it the better, it doesn't just go away

How long does the appeal process take in California? I'm worried about the financial timeline.

Appeals to CUIAB can take anywhere from 2-4 months typically before you get a hearing date. During that time you should keep filing your weekly certifications even if benefits are on hold - if you win the appeal you can receive back payment for all those weeks.

THIS. keep certifying weekly no matter what. people forget to do this during adjudication and then lose out on back pay even if they win

It was THC yes. I use recreationally on weekends, never at work or before work. The test picked it up because THC metabolites stay in your system for a while, not because I was impaired at work.

Then absolutely mention that in your response. The metabolite persistence issue is actually really relevant - a positive THC test does not equal impairment at work, and you should say that explicitly. The science supports this and some EDD adjudicators are aware of it.

I mentioned exactly this in my successful claim. That a positive test for cannabis metabolites is not evidence of impairment on the job. It made a difference I think.

This is actually a good point that I don't see discussed enough. Hair follicle tests can detect use from up to 90 days prior. If an employer is claiming 'impairment' based on a hair test that's going back months, that argument is much weaker than a same-day test. In your EDD questionnaire you could note the type of test and what it actually measures vs. what it doesn't measure.

From a legal standpoint, the type of test affects the 'impairment at work' argument more than the 'policy violation' argument. An employer can still say you violated their zero-tolerance policy regardless of test type. But it does affect the misconduct analysis because the 'willful disregard' standard is harder to apply to use that occurred weeks or months before the test.

that makes sense. seems like employers use hair tests specifically because they have a much longer detection window but then use the result to argue current impairment which is kind of dishonest

This would be fraud and a terrible idea. EDD contacts your former employer as a standard part of every claim investigation. Your employer will absolutely mention the drug test and reason for termination. If you misrepresent your separation reason on your claim EDD can impose additional penalties beyond just denying benefits - including fraud findings that can affect future claims. Always be honest about your separation circumstances.

yeah ok fair point just wanted to know if it was even possible. sounds like its not

even if edd somehow missed it the employer will say something. they respond to edd questionnaires specifically to prevent people they fired for cause from getting benefits. dont try this

They absolutely did not offer me anything. HR came to my workstation, asked me to come to the office, told me I failed, and handed me my termination paperwork all in one conversation. No mention of EAP, no offer of any kind.

Document that. Write down exactly what was said in that meeting as best you can remember it right now while it's fresh. That procedural detail - immediate termination without any corrective action offered - is potentially relevant to your claim.

This is correct from an HR standpoint. Employers who jump straight to termination without any progressive discipline are actually in a weaker position before EDD than those who documented prior warnings. The 'pattern of willful misconduct' argument falls apart if there was never a prior warning to establish a pattern.

I really feel for you - 4 months in adjudication is brutal, especially with housing on the line. This is exactly the situation where using Claimyr made all the difference for me. I was also stuck in an endless pending loop with no way to reach anyone. Claimyr got me connected to an actual EDD agent who could actually see my claim and tell me what was happening. Site is claimyr.com and there's a video at https://youtu.be/JmuwXR7HA10. When you're facing eviction you need real answers not more hold music.

thank you I will try anything at this point. 4 months with no income is not survivable. I didn't realize other people were in this situation too I've been feeling so alone in this

I'm really sorry you're going through this. Reading your comment is making me more anxious about my own timeline. Is 4 months normal for drug test adjudications or is your situation unusual?

4 months is on the longer end but not unheard of when the employer is contesting the claim actively. If both sides submit information and EDD needs to do follow-up investigation it can drag on. Getting to an agent who can look at your actual file and tell you where it's stuck is really the only way to get real information about the timeline.

I got an email saying my claim was filed and a notice that it was being reviewed for potential eligibility issues. Haven't received the actual questionnaire yet. It's been 8 days since I filed. Should I be doing anything proactive right now or just waiting?

Keep certifying your weekly claim benefits on schedule no matter what. That's the main thing. Also watch your mailing address and email because EDD will contact you through those channels. If you have a myEDD account online make sure you check it regularly because some notices go there first.

Eight days is early - the questionnaire is coming, probably within the next week or two. Use this time to organize your documentation: employment dates, performance history, any commendations, a written timeline of events surrounding the termination, and notes about what was and wasn't offered at termination. Being prepared before the questionnaire arrives means you'll give a better, more detailed response.

Hopefully it doesn't come to that but good to know the full picture of options. This thread has honestly been so much more informative than anything I could find through official channels.

One more thing: request a copy of your claim file from EDD before any hearing. You're entitled to it and it will show you exactly what your employer submitted and what EDD documented about your claim. Knowing what's in that file lets you address specific claims rather than arguing generally.

never knew you could request the claim file. this is actually huge info for anyone heading into an appeal hearing

This is a really important point I hadn't understood. I was thinking I needed to prove innocence when actually they need to prove guilt essentially.

Exactly. The legal framework is 'eligible unless disqualified' - you start eligible and the employer's evidence has to be enough to disqualify you. If it's not, you stay eligible. That's why responding thoroughly matters so much - your job is to undercut their evidence, not necessarily to build an airtight case from scratch.

this whole thread should be stickied somewhere honestly. I learned more here than from 3 hours of googling

This is genuinely good advice beyond just the EDD stuff. Thank you for sharing. I'm going to look into emergency assistance options in my county just in case.

wish someone had told me this 4 months ago. I was completely blindsided and have been in crisis mode ever since. please take this advice OP

2-1-1 California is the resource line for emergency assistance - you can call 211 and they'll connect you with county-specific resources for housing, food, utilities, etc. while you're waiting on EDD to resolve.