Can you get unemployment if you get fired for failing a drug test - NYS Department of Labor eligibility?

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.

wait this happened to my cousin last year and he got benefits?? maybe it depends on the circumstances or something

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.

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.

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.

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!

Hey Tobias, I'm really sorry you're dealing with this situation. I actually work in HR and have seen cases like yours before. While failing a drug test is typically classified as misconduct, there are some factors that could potentially work in your favor. For instance, if your employer didn't have a clearly written drug policy in your employee handbook, or if they didn't follow proper testing procedures, that could be grounds for your claim. Also, the timing matters - some people have successfully argued that off-duty conduct shouldn't disqualify them if it didn't directly impact their work performance. I'd definitely recommend filing your claim and being completely honest about the circumstances. Make sure to mention your 8 months of good work history too, as that shows you were a reliable employee. The worst case scenario is they deny it, but at least you'll have tried. And if denied, the appeal process gives you another chance to present your case with more documentation.