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Statiia Aarssizan

Can I get Washington ESD unemployment if I refuse a drug test?

So I've been out of work for about 2 months and finally got called for an interview at this warehouse job. Everything went great until they said I needed to take a drug test. I know I would fail it right now so I just walked away and didn't take the test. Now I'm wondering if this affects my unemployment benefits with Washington ESD? Do I have to report that I refused a drug test? Will they cut off my benefits if they find out I turned down a job because of the drug screening? I'm really worried about losing my UI payments.

Yes, you need to report any job offers or interviews on your weekly claim. Refusing a drug test is generally considered refusing suitable work, which can disqualify you from benefits. Washington ESD takes this seriously.

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How would they even know though? The employer doesn't know my name or anything about my unemployment claim.

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Employers sometimes report back to Washington ESD, especially if they're connected to WorkSource. Plus if you get audited they could find out. It's not worth the risk of fraud charges.

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this happened to my brother last year. he refused a drug test and washington esd found out somehow. they made him pay back like 8 weeks of benefits and he had to do a hearing and everything. total nightmare

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Seriously? How did they find out? I'm freaking out now.

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i think the employer reported it to worksource or something. he tried to fight it but lost the appeal

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Washington ESD considers refusing a drug test the same as refusing work. You're required to be able and available for work, which includes passing standard employment requirements like drug screenings. This could trigger an adjudication on your claim.

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What exactly happens during adjudication? Will they definitely cut me off?

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They'll investigate whether you had good cause to refuse. Being unable to pass a drug test isn't usually considered good cause unless it's for a medical reason with documentation.

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I had trouble reaching Washington ESD when I needed to explain a similar situation. Spent weeks trying to get through on the phone. Finally used this service called Claimyr that helps you get connected to actual ESD agents. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that explains how it works. Might be worth it if you need to discuss your situation with someone at ESD.

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Thanks, I'll check that out. I definitely need to talk to someone about this situation.

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Never heard of that service but might be useful. The ESD phone lines are impossible to get through on.

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THE SYSTEM IS RIGGED!!! They expect you to take any job even if it violates your privacy or personal beliefs. What if you have religious objections to drug testing? What if you're on legal prescription medications? They don't care about individual circumstances!

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Actually, medical marijuana cards and prescription medications can be valid reasons with proper documentation. But you have to go through the proper channels.

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Sure, if you can afford a lawyer and have months to fight it. Most people just get screwed over.

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You should report this on your next weekly claim under the work search section. Be honest about what happened. It's better to be upfront than to try to hide it and risk fraud charges later. You might still be able to appeal if they disqualify you.

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What should I write exactly? I don't want to make it worse for myself.

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Just state the facts - you interviewed for a position, were offered the job contingent on a drug test, and declined to take the test. Don't elaborate on why.

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wait r u supposed to report interviews too? i thought u only had to report if u actually got hired

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You report job offers, not just interviews. If they offered you the job contingent on passing the drug test, that counts as a job offer.

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oh crap i might have messed up then. ive had like 3 interviews this month

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Update: I called the Washington ESD customer service line and after being on hold for 2 hours, I got disconnected. This is so frustrating. I just want to know what I should do.

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This is exactly why I mentioned Claimyr earlier. They help you get through to actual ESD agents without the endless hold times. Worth checking out if you're having trouble getting through.

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Yeah I'm definitely going to try that service. This is ridiculous.

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For what it's worth, I've seen cases where people successfully appealed disqualifications for refusing drug tests, but it usually requires having a legitimate medical reason or proving the test was unreasonable. Just refusing because you know you'd fail isn't considered good cause.

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What would count as a legitimate medical reason? I do have anxiety and depression.

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You'd need documentation from a doctor explaining how the drug test requirement interferes with your medical treatment. Mental health conditions alone usually aren't enough.

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honestly the whole system is messed up. they want you to take any job but then make it impossible to actually get help when you need it. my brother ended up having to get a lawyer just to fight the overpayment demand

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How much did the lawyer cost? I can't afford that right now.

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like $2000 and he still lost. probably would have been better off just paying the overpayment back

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Important reminder: You have to continue filing your weekly claims even if you think you might be disqualified. If you stop filing, you could lose benefits permanently. Keep filing and wait for Washington ESD to make a determination.

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Good to know. I was wondering if I should just stop filing to avoid making things worse.

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Yeah definitely keep filing. I made that mistake once and lost out on benefits I was actually entitled to.

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Just be honest on your weekly claim. I had a similar situation where I turned down a job because of the shift requirements and they didn't disqualify me because I explained my reasoning properly.

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What did you write exactly? I'm worried about wording it wrong.

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I just explained that the job requirements weren't compatible with my situation. Keep it brief and factual.

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This is why I don't even bother with job interviews anymore. The whole system is designed to trap you. They offer you terrible jobs with invasive requirements then punish you for saying no.

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You still have to do your job searches to maintain eligibility. Not participating in the job market at all will definitely get you disqualified.

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I do the minimum required searches but I'm not actually trying to get hired. The system forces you to play games.

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Update on the Claimyr service - I used it again this week to get through to Washington ESD about a different issue and it worked perfectly. Saved me hours of trying to call. Definitely recommend it for anyone having trouble reaching ESD.

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Thanks for the update. I'm going to try it tomorrow morning.

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How much does it cost? Is it worth it?

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It's definitely worth it if you need to actually talk to someone at ESD. Much better than wasting whole days trying to get through on your own.

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Final advice: Document everything about this situation. Keep records of the interview, the job offer, and your decision. If Washington ESD does start an adjudication, you'll need all the details to present your case properly.

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What kind of documentation should I keep? I don't have anything in writing from the employer.

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Write down dates, times, who you spoke with, what was said. Even if it's just your own notes, it's better than nothing if you need to appeal.

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Thanks everyone for the advice. I'm going to report it on my next weekly claim and try to get through to Washington ESD to discuss my options. Hopefully they don't cut me off completely.

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Good luck. Be prepared for a possible adjudication process, but don't panic. Sometimes they're more understanding than you expect.

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hope it works out better for you than it did for my brother. the whole system is a mess

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This thread is helpful. I didn't know you had to report job offers that you turn down. I've been doing my weekly claims wrong apparently.

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Yes, any job offer needs to be reported, even if you decline it. Washington ESD wants to know about all work opportunities you encounter.

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Good thing I haven't had any offers to turn down yet. Still looking for work that fits my schedule.

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The drug testing thing is tricky. Some employers use it as a way to weed out candidates without having to pay for training. But from ESD's perspective, it's a standard job requirement you should be able to meet.

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That's a good point. I hadn't thought about it from that angle. Maybe I should have just taken the test and dealt with the consequences.

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Hindsight is 20/20. Just focus on what you can control going forward.

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this whole thread is making me nervous about my own claim. i had no idea there were so many ways to mess up your benefits

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The key is just being honest and following the rules. Don't try to hide things or game the system. Most issues can be resolved if you're upfront about them.

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good advice. i'll make sure to be more careful with my weekly claims

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One more thing about Claimyr - if you do use their service to reach Washington ESD, make sure you have all your questions ready beforehand. The ESD agents are usually helpful once you actually get through to them, but the call can be limited in time.

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Thanks for the tip. I'll write down my questions before I call.

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That's smart. I always forget half of what I wanted to ask when I finally get someone on the phone.

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I work in HR and see this situation fairly often. While refusing a drug test is generally considered refusing suitable work, there are some nuances that might help your case. If you have a medical marijuana card or are on prescription medications that would cause a positive result, you might have grounds for appeal. Also, some employers are willing to work with candidates who are honest about needing time to get clean - it's worth asking about delayed start dates in the future. The key is being truthful with ESD about what happened and why. They do investigate these cases individually, so don't assume you're automatically disqualified.

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This is really helpful insight from the HR perspective. I don't have a medical marijuana card, but I am on some prescription medications for my anxiety that might show up. Would that be something worth mentioning if I get called for an adjudication hearing? And how would I go about proving that the medications are legitimate?

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