NYS Department of Labor unemployment disqualification for failing drug test - need advice

In New York, failing a drug test can potentially disqualify you from unemployment benefits, but it's not always automatic. The NYS Department of Labor will look at whether your actions constituted 'misconduct' under their guidelines. If your employer can prove you violated a clearly stated drug policy that you were aware of, that could be considered misconduct. However, you still have the right to appeal any disqualification decision.

File your claim anyway! Let the NYS Department of Labor make the determination. Sometimes employers don't respond to the separation questionnaire properly or don't provide enough documentation to prove misconduct. The worst that can happen is they deny it and you appeal. But if you don't file at all, you definitely won't get anything.

ugh the whole system is so messed up... they'll deny you for anything these days. i got denied because they said i was 'insubordinate' when really my boss was just being unreasonable. took forever to get through on the phone to even explain my side

Wait, so if I fail a drug test I automatically can't get unemployment? That doesn't seem fair, especially for marijuana since it stays in your system so long. What if you smoked on the weekend but weren't high at work?

File immediately and be honest about everything on your application. The NYS Department of Labor will contact your employer for their side of the story. If they rule it as misconduct, you'll get a determination letter explaining the decision and your appeal rights. The appeal process gives you a chance to present your case to a hearing officer.

I went through something similar last year when I was terminated for a failed drug test. The key thing to understand is that the NYS Department of Labor will investigate whether your termination was due to "misconduct" - and this isn't always cut and dry with drug tests. In my case, I was initially denied benefits, but I appealed and won because I was able to show that while I violated company policy, I wasn't actually impaired at work and my job performance had been satisfactory. My advice: file your claim right away, be completely honest on your application, and if you get denied, don't give up - use the appeal process. Also, start documenting everything now - your work history, performance reviews, the circumstances of the test, etc. You might also want to consult with an employment attorney if you can afford it, as they often know the ins and outs of these cases better than anyone.

I'm going through something similar right now, so I feel for you. One thing I learned is that the NYS Department of Labor looks at each case individually - it's not just black and white. Since you mentioned using marijuana for chronic pain, you might want to consider getting medical documentation about your condition, even if you don't have an official medical marijuana card. Sometimes having a doctor's note explaining your medical need can help during the appeals process if your initial claim gets denied. Also, keep in mind that the burden is on your employer to prove misconduct occurred - they need to show you were aware of the policy AND that your violation was willful. Don't let this discourage you from filing - you have nothing to lose by applying and everything to gain if approved.

I actually work as a paralegal at an employment law firm and see these cases regularly. Here's what I can tell you about NYS unemployment and drug test failures: The Department of Labor doesn't automatically disqualify everyone who fails a drug test - they have to prove it was "misconduct connected with work." This means they look at factors like whether you were clearly informed of the policy, whether you signed acknowledgment, and importantly - whether your substance use actually impacted your job performance. The fact that you're using marijuana for chronic pain could be significant, especially if you can get medical documentation. I've seen cases where people won appeals even after failed drug tests because the employer couldn't prove the person was impaired at work or that their job performance suffered. My strong recommendation: file immediately (don't wait - there are time limits), be completely honest on your application, and if denied, absolutely use the appeal process. Many people give up after the initial denial, but the appeals hearing is where you can really present your full case to an administrative law judge.

I'm new to this community but wanted to share my experience since I went through something very similar recently. I was terminated for a failed drug test (also marijuana) and was terrified about filing for unemployment. After reading through all these responses, I'm really glad I found this thread because the advice here is spot-on. I did file my claim and was initially denied, but I appealed and actually won my case. The key things that helped me were: 1) I was completely honest on my application about the reason for termination, 2) I gathered all my performance reviews which showed I was a good employee, and 3) I got a letter from my doctor about my medical condition that I was self-medicating for. During the appeal hearing, the judge seemed more interested in whether I was actually impaired at work (which I wasn't) rather than just the positive test result. It took about 3 months total to get through the appeal process, but I ended up getting all my back benefits. Don't give up - the system isn't perfect but it's not automatically stacked against you either. File that claim and fight for what you're entitled to!

I'm sorry you're going through this situation - it's really stressful when you lose your job and aren't sure about benefits. Based on what everyone has shared here, it sounds like you definitely should file your claim right away. The fact that you're using marijuana for chronic pain, even without an official medical card, could actually work in your favor during an appeal if needed. I'd recommend gathering any documentation you have about your pain condition and your work performance before the drug test. Also, when you file your claim, be completely upfront about the drug test failure and the reason for your marijuana use. The NYS Department of Labor has to prove misconduct, not just policy violation, so don't assume you're automatically disqualified. Even if you get denied initially, the appeal process gives you a real chance to present your full story. You have nothing to lose by filing and potentially everything to gain!