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I'm sorry you're going through this tough situation. From what I understand about NY unemployment law, failing a drug test is generally considered "misconduct connected with work" which would disqualify you from benefits. However, every case is different and there can be nuances - like whether your employer had a clear drug policy that was properly communicated, or if there were any medical factors involved. I'd recommend filing your claim anyway since the determination process will review all the specifics of your case. You have nothing to lose by applying, and if you're denied, you can always appeal. Make sure to gather any documentation about your employment, the drug test process, and your termination. Good luck!
This is really helpful advice! I'm wondering though - if someone does get denied initially, how strong are the chances on appeal? And do you know if having a clean work record before this incident makes any difference in how they evaluate the case?
Hey Tobias, I'm really sorry you're dealing with this situation. I actually work in HR and have seen cases like yours before. While failing a drug test is typically classified as misconduct, there are some factors that could potentially work in your favor. For instance, if your employer didn't have a clearly written drug policy in your employee handbook, or if they didn't follow proper testing procedures, that could be grounds for your claim. Also, the timing matters - some people have successfully argued that off-duty conduct shouldn't disqualify them if it didn't directly impact their work performance. I'd definitely recommend filing your claim and being completely honest about the circumstances. Make sure to mention your 8 months of good work history too, as that shows you were a reliable employee. The worst case scenario is they deny it, but at least you'll have tried. And if denied, the appeal process gives you another chance to present your case with more documentation.
This is really insightful, Andre. The point about the employer's drug policy documentation is something I hadn't considered. @Tobias Lancaster - do you remember if you signed a specific drug policy acknowledgment when you started, or was it just mentioned in general employee orientation? That detail could be really important for your case. Also, since you mentioned this was a random "test," it might be worth checking if your employer follows consistent testing procedures for all employees. Sometimes inconsistent enforcement can work in your favor during the review process.
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yeah i had unemployment last year and got a small refund actually. but i think it was because i had other tax credits that helped offset things. really depends on your whole tax picture not just the unemployment part
Based on your numbers ($14,500 in benefits with $1,450 withheld), you'll likely owe additional federal taxes. The 10% withholding often isn't enough since unemployment benefits are taxed as ordinary income. For 2024, if you're single with $14,500 income, your effective tax rate would be around 12%, so you'd owe roughly $1,740 total federal tax. Since only $1,450 was withheld, you'd probably owe around $290 more. Don't forget about NY state taxes too - they don't automatically withhold state taxes from unemployment benefits, so you'll likely owe state taxes as well unless you made quarterly payments.
This is really helpful, thank you for breaking down the numbers! I completely forgot about NY state taxes - I didn't have anything withheld for state. Do you know roughly what the NY state tax rate would be on unemployment benefits? I'm trying to figure out how much I should set aside before I file.
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UPDATE: I finally got through to someone on the phone! The agent confirmed that my certification DID go through on their end, even though the website wasn't showing it correctly. She said they're aware of the display issue affecting some accounts and are working to fix it. My payment should process normally despite the website glitch. Such a relief! Thanks everyone for your help and suggestions.
That's great news! Glad you got it resolved. This is a good reminder for everyone to keep documentation (like your screenshot) of completed certifications just in case.
Glad it worked out but SO ANNOYING we have to deal with this!! They need to FIX THEIR SYSTEM instead of making us waste hours calling them!
So glad you got this resolved @Harold Oh! I've been following this thread because I'm dealing with something similar right now. My certification from Sunday isn't showing up either and I was starting to panic. Your experience gives me hope that it's just a display issue and not actually lost in the system. I'm going to try calling tomorrow morning armed with all the advice from this thread. Thanks to everyone who shared their experiences - this community is such a lifesaver when dealing with these system glitches!
@Oliver Fischer I hope you get it sorted out quickly! One tip that helped me when I called - have your confirmation number ready if you took a screenshot like I did. The agent was able to look it up immediately once I gave her that number. Also, I called right when they opened at 8am and got through on my third try, so early morning definitely seems to be the best time. Good luck!
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I'm in a similar situation actually. Got denied for supposedly violating company policy but they never gave me any warnings or documentation. Been going back and forth about whether to appeal or just look for work. $15k is a lot of money to fight for though, especially if you really think they're lying about the misconduct.
I'd suggest trying to handle the initial appeal yourself first - you can always hire a lawyer later if it doesn't go well. NYS Department of Labor appeals have multiple levels, so even if you lose the first round, you can get legal help for the administrative law judge hearing. Start by requesting your complete employment file from your former employer (they're required to provide it) and document everything about your termination. If they really are lying about misconduct, inconsistencies in their story will become apparent. The worst case is you're out some time, but you'll save thousands in legal fees and learn a lot about your case in the process.
This is really solid advice! I didn't know employers were required to provide your complete employment file - that could be a game changer if they're claiming misconduct without proper documentation. How long do they typically have to respond to that request? And do you happen to know what specific information I should be looking for in those files that might help my case?
@Mia Rodriguez Under New York Labor Law, employers typically have to provide your personnel file within a reasonable time usually (5-10 business days after) your written request. Look for: disciplinary notices, performance reviews, attendance records, training documentation, and any written policies they claim you violated. The key is finding gaps - if they say you were fired for a specific policy violation but there s'no record of you being trained on that policy or receiving prior warnings, that s'huge for your case. Also check if their termination documentation was created after the fact or if the dates don t'match up with their story.
Laila Prince
yeah this happened to me too, employers don't really care about unemployment stuff as long as you can start when they need you
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Sean Flanagan
I'm going through something similar right now - my claim has been pending for over a month and it's definitely affecting my job search momentum. The stress of not knowing when or if benefits will come through makes it hard to stay focused during interviews. I've found it helps to frame it as "navigating administrative processes" rather than dwelling on the delays when talking to employers. The uncertainty is the worst part though - at least when you know your financial situation you can plan accordingly.
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