Can I get NYS Department of Labor unemployment if I refuse a drug test at job interview?
So I've been collecting unemployment for about 6 weeks now and doing my weekly claims religiously. Yesterday I had an interview for a warehouse position that seemed perfect - good pay, decent hours, close to home. Everything was going great until they said I needed to take a drug test before they could make an offer. I told them I wasn't comfortable with that and walked out. Now I'm worried - if NYS Department of Labor finds out I refused a drug test, will they cut off my benefits? I know we have to accept suitable work but does that include agreeing to drug testing? I've been documenting all my job search activities like they require but this has me stressed.
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Malik Johnson
Unfortunately, refusing a drug test can be considered refusing suitable work by NYS Department of Labor. If the employer reports this refusal, you could face a disqualification. The key factor is whether the drug testing requirement is standard for that type of position. For warehouse jobs, drug testing is pretty common due to safety requirements with equipment and machinery.
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QuantumLeap
•Ugh that's what I was afraid of. Do they always report it though? The interview ended kind of awkwardly.
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Isabella Santos
wait what?? i thought you could refuse drug tests if you wanted to. thats messed up that they can cut your benefits for that
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Ravi Sharma
•It depends on the job type. If drug testing is a normal requirement for safety reasons (like operating forklifts or other equipment), then refusing can count as refusing suitable work. NYS Department of Labor looks at whether the job requirements are reasonable for the position.
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Freya Larsen
This exact thing happened to my cousin last year! She refused a drug test for a retail job and got her benefits cut for like 8 weeks. She had to appeal and everything. The NYS Department of Labor said she refused suitable work. BUT in her case it was for a cashier position so the drug test wasn't really necessary for safety. She won the appeal eventually but it was a nightmare trying to get through to someone to explain her side.
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QuantumLeap
•Oh no, 8 weeks?? I can't afford to lose benefits for that long. How did she finally get through to appeal it?
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Freya Larsen
•She actually used some service called Claimyr that helped her get connected to an actual NYS Department of Labor agent. They have a website claimyr.com and there's a video demo showing how it works (https://youtu.be/qyftW-mnTNI). It was way easier than trying to call the regular number and getting hung up on constantly.
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Omar Hassan
Here's the thing - you need to document EVERYTHING. If you get a disqualification notice, you'll want to show that either the drug test wasn't reasonable for the position or that the employer didn't follow proper procedures. Keep records of the job posting, what was discussed in the interview, and whether drug testing was mentioned upfront. For your weekly claims, just report that you attended the interview but weren't offered the position.
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QuantumLeap
•Good point about documentation. The job posting didn't mention drug testing at all, they only brought it up at the end of the interview.
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Chloe Taylor
honestly the whole system is ridiculous. they force you to apply to jobs then penalize you for having standards about what youre willing to do. ive been dealing with NYS Department of Labor for months and its just one thing after another
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ShadowHunter
Had something similar happen - interview went well but they wanted me to agree to random drug testing even though it was just data entry work. I didn't refuse outright but said I needed to think about it. Never heard back from them and NYS Department of Labor never questioned it on my weekly claims.
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