Can you get unemployment if you get fired for failing a drug test - NYS Department of Labor eligibility?
So I'm in a really bad spot right now. I was working at a warehouse for about 8 months and they did a random drug test last week. I failed it and got terminated immediately. I know I messed up but I'm wondering if I can still file for unemployment benefits with NYS Department of Labor? I've been looking online but the information is confusing about misconduct and disqualifications. Has anyone been through this before? I really need the income while I look for another job.
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Ezra Beard
Unfortunately, failing a drug test is typically considered misconduct under NYS Department of Labor rules, which would disqualify you from receiving unemployment benefits. The state considers this a violation of workplace policy that could have been avoided. However, you still have the right to file a claim - they'll review your case and make a determination. If denied, you can appeal the decision.
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Tobias Lancaster
•Do you know how long the appeal process takes? And what kind of evidence would help my case?
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Statiia Aarssizan
wait this happened to my cousin last year and he got benefits?? maybe it depends on the circumstances or something
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Ezra Beard
•There can be exceptions in certain situations, like if the drug use was related to a medical condition or prescription medication. But generally speaking, recreational drug use that leads to termination is considered disqualifying misconduct.
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Reginald Blackwell
I went through something similar but with NYS Department of Labor it's really hard to reach anyone to get clarification on your specific case. I was stuck calling for weeks trying to get through to an actual person. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak with someone about your eligibility.
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Tobias Lancaster
•Thanks, I'll look into that. Did they charge you a lot for the service?
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Reginald Blackwell
•It was worth it for me since I couldn't get through on my own. The peace of mind knowing exactly where I stood was valuable.
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Aria Khan
File anyway! The worst they can do is say no. Sometimes there are factors you don't realize that might work in your favor. Plus if you don't file you definitely won't get anything.
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Everett Tutum
The NYS Department of Labor will look at whether this was truly misconduct connected to your work. If you weren't under the influence AT work and this was just a failed test, there might be some wiggle room depending on your company's policies and how they were communicated to you. Document everything about your termination and file your claim as soon as possible.
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Yara Sayegh
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!
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