Can I get NYS Department of Labor unemployment benefits if I fail a drug test at work?

Unfortunately, if you're terminated for failing a drug test, NYS Department of Labor will likely consider that misconduct and disqualify you from receiving unemployment benefits. Even though marijuana is legal in NY, employers can still have drug-free workplace policies. You can still file a claim, but be prepared for them to investigate the circumstances of your termination.

wait what?? i thought since weed was legal now they couldnt fire you for it anymore? this is confusing

You can definitely appeal if they deny your claim. During the appeal process, you'd need to argue that your termination wasn't misconduct or that the drug test policy wasn't properly communicated. The hearing officer will look at your employer's policies, how they were communicated to you, and the specific circumstances. It's not impossible to win, but it's an uphill battle.

I actually had a similar situation happen to a friend of mine last year. He failed a drug test at his construction job and got fired. NYS Department of Labor initially denied his unemployment claim for misconduct, but he appealed it. During the hearing, his lawyer argued that the company's drug testing policy wasn't clearly communicated during orientation. It took about 6 weeks total, but he actually won the appeal and got his benefits retroactively. The key was proving that he wasn't properly informed about the policy.

File the claim anyway. Don't assume you'll be denied. Let NYS Department of Labor make that decision. When they contact your employer, make sure you have your side of the story ready. If you were never told about random testing or if the policy wasn't in your employee handbook, that could work in your favor. Also, if you're having trouble reaching someone at NYS Department of Labor to discuss your case, I recently discovered this service called Claimyr (claimyr.com) that helps people get through to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to speak with someone directly about your situation.

This whole system is ridiculous. They fire people for something that's LEGAL and then deny them benefits when they need help the most. Meanwhile corporations get bailouts left and right. Sorry you're dealing with this OP.

Hey Oliver, I went through something similar about a year ago. Got fired from my retail job for failing a pre-employment drug screen (long story). NYS Department of Labor initially denied my claim, but here's what I learned: document everything about your termination. Get a copy of your employee handbook if you can, save any emails or texts about the drug test, and write down exactly what happened and when. Even if they deny you initially, the appeals process is where you have a real chance to present your case. I ended up getting benefits after my appeal because I could show inconsistencies in how my employer handled the situation. Don't give up before you even try - you might be surprised. Good luck!