Can you get unemployment if fired for failing drug test - NYS Department of Labor eligibility question
My brother just got terminated from his warehouse job after failing a random drug test they did last week. He's been working there for almost 2 years and this was his first offense but they have a zero tolerance policy. He's wondering if he can still file for unemployment benefits through NYS Department of Labor or if getting fired for failing a drug test automatically disqualifies you? The HR person told him he wouldn't be eligible but we're not sure if that's actually true. Has anyone been through this situation before? What should he expect when he files his claim?
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Val Rossi
Unfortunately, failing a drug test is usually considered misconduct under NYS Department of Labor rules, which would make him ineligible for benefits. The key factor is whether the employer can prove he violated a known workplace policy. Since most companies have clear drug policies in their employee handbook, it's typically treated as willful misconduct that disqualifies you from UI benefits.
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Romeo Quest
•That's what I was afraid of. Do you know if there's any way to appeal this kind of decision if NYS Department of Labor denies the claim?
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Eve Freeman
he should still file the claim anyway!! sometimes the employer doesn't respond to the inquiry from NYS Department of Labor and you get approved by default. worst case scenario they deny it but at least he tried
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Clarissa Flair
•This is actually solid advice. The employer has to provide documentation to NYS Department of Labor showing the policy violation and that your brother was aware of the policy. If they don't respond within the timeframe or can't prove misconduct, the claim could be approved.
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Caden Turner
I went through something similar last year when I got fired for attendance issues. NYS Department of Labor initially denied my claim but I was able to appeal it. The process took forever though - like 3 months before I got a hearing scheduled. If your brother decides to file, he should be prepared for a long fight and have all his documentation ready.
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Romeo Quest
•What kind of documentation did you need for the appeal? And did you end up winning your case?
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Caden Turner
•I won because I could prove the attendance policy wasn't consistently enforced. Had emails showing other employees with worse attendance who didn't get fired. For a drug test case though, it's harder since it's usually black and white.
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McKenzie Shade
The whole system is rigged against workers anyway. They make it impossible to reach anyone at NYS Department of Labor when you need help with your claim. I spent weeks trying to get through to someone about my adjudication issues. Finally found this service called Claimyr that actually got me connected to a real person at NYS Department of Labor within like 10 minutes. Check out claimyr.com - they have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Might be worth it if your brother's claim gets stuck in the system.
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Eve Freeman
•never heard of that before but the phone situation is definitely ridiculous. might check it out if i have issues with my next claim
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Harmony Love
Just wanted to say good luck to your brother. Even if the unemployment doesn't work out, there are other resources available while he's job hunting.
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Danielle Mays
I work in HR and can confirm that drug test failures are typically classified as misconduct by NYS Department of Labor. However, there are some nuances your brother should be aware of. If the company didn't follow proper testing procedures, if he has a valid prescription that could explain the results, or if there were issues with the chain of custody for the test, these could be grounds for appeal. He should definitely file the claim regardless - don't let HR discourage him from applying. The worst they can do is deny it, but sometimes employers don't provide adequate documentation to support their misconduct claim. Also make sure he keeps all paperwork from his termination and any communication with the employer.
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