Can I get NYS Department of Labor unemployment benefits if I get fired for failing a drug test?
So I'm asking for a friend who might be in trouble at work. They had to take a random drug test last week and they're pretty sure they failed it. If they get terminated because of the failed drug test, would they still be able to file for unemployment benefits with NYS Department of Labor? I know getting fired usually disqualifies you but I'm not sure about this specific situation. Has anyone dealt with this before? What should they expect if they try to file a claim?
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Jamal Thompson
Unfortunately, failing a drug test that leads to termination typically results in disqualification from unemployment benefits in New York. NYS Department of Labor considers this misconduct connected to work, which makes you ineligible. However, your friend should still file a claim because there can be circumstances that affect the decision - like whether the drug test was administered properly, if they have a medical marijuana card, or other factors. The worst that happens is they get denied, but sometimes there are technicalities that work in your favor.
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Zoe Christodoulou
•Thanks for the info. Do you know how long the disqualification period would be if they do get denied? Is it permanent or just for a certain amount of time?
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Mei Chen
my cousin got fired for the same thing last year and NYS Department of Labor denied his claim right away. they said it was misconduct and he couldnt get benefits. he tried to appeal but it didnt work out
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CosmicCadet
The key thing is that NYS Department of Labor will investigate the circumstances during adjudication. If your friend gets terminated, they should file immediately and be honest about the reason. Sometimes employers don't contest the claim or there are procedural issues with how the drug test was handled. Also, if this was for marijuana and they have a valid medical prescription, that could potentially change things. The adjudication process will review all the details before making a final determination.
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Liam O'Connor
•Wait, so even if you fail for weed but have a medical card, you might still get unemployment? I thought any positive test was automatic disqualification.
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CosmicCadet
•It's complicated and depends on the specific circumstances, employer policies, and whether the job was safety-sensitive. Medical marijuana laws in NY have created some gray areas that adjudicators have to evaluate case by case.
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Amara Adeyemi
This is so stressful to even think about! What if the test was wrong or contaminated? Can you challenge the results during the unemployment process? I'm always worried about false positives with these things.
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Jamal Thompson
•Yes, you can present evidence during the adjudication process if you believe the test was inaccurate. NYS Department of Labor will consider documentation about testing procedures, chain of custody issues, or independent test results if you have them.
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Giovanni Gallo
If your friend does get denied and wants to appeal, they're going to need to get through to NYS Department of Labor to understand their options. The phone lines are always jammed and it's nearly impossible to reach anyone. I spent weeks trying to get through when I had an issue with my claim. I finally used this service called Claimyr (claimyr.com) that gets you connected to actual NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to get answers about my appeal timeline.
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Zoe Christodoulou
•Never heard of that before but might be worth checking out if they do get denied. Calling NYS Department of Labor is definitely a nightmare.
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Fatima Al-Mazrouei
The system is so unfair honestly. People make mistakes and then they can't even get help when they lose their job because of it. I get that there have to be rules but sometimes life happens and people need support to get back on their feet.
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Owen Devar
•I totally understand that frustration. The system does feel harsh sometimes, especially when someone is already dealing with job loss. Maybe one thing that could help is looking into whether there are any job training or rehabilitation programs available through NYS that don't have the same eligibility restrictions as regular unemployment benefits? Sometimes there are alternative support options even when traditional UI benefits aren't available.
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Anastasia Popova
I've been through a similar situation and wanted to share what I learned. Your friend should definitely file for unemployment benefits regardless - it's free to apply and the worst case is getting denied. When I went through this process, I discovered that NYS Department of Labor looks at several factors beyond just the failed test itself. They consider things like whether proper procedures were followed, if the employee was given adequate notice of the drug testing policy, and whether the role was safety-sensitive. Even if initially denied, the appeals process can sometimes uncover procedural issues that work in the claimant's favor. The key is to be completely honest on the application and provide any relevant documentation they might have about the circumstances.
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