Can you collect unemployment if you fail a drug test in Washington - need advice ASAP

So there's still a chance? What kind of circumstances would help my case?

Things like whether the drug test was properly administered, if you have a medical marijuana card, or if the company followed proper procedures. But honestly, it's an uphill battle with misconduct terminations.

This is what I was afraid of. Should I still file or is it pointless?

File anyway. Worst case they deny you, best case there's some technicality that works in your favor. Plus you need to establish a claim date.

6 weeks?? I can't wait that long. How did you eventually get through to talk to someone?

Honestly I used a service called Claimyr (claimyr.com) that helped me get connected to an actual Washington ESD agent. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting busy signals.

It's not automatic but it's very difficult. Washington ESD has to prove it was misconduct, but drug test failures usually meet that criteria pretty clearly.

oh ok that makes more sense. so its basically impossible then

They definitely wrote it was for cause. The termination letter specifically mentions the failed drug test. Sounds like I'm screwed.

Not necessarily screwed, just facing an uphill battle. You can still argue circumstances during the adjudication process.

What kind of procedural issues? Like if they didn't follow the right steps for the drug test?

Exactly - things like improper chain of custody, not following company policy, discriminatory testing, or issues with the testing facility. These don't come up often but when they do, they can change the outcome.

That's harsh but probably realistic. The system isn't very forgiving with these situations.

Yeah I figured as much. Still going to try though since I don't have other options right now.

How long does the appeal process take? I'm worried about how long I'll be without income.

Appeals can take 4-8 weeks unfortunately. That's why you should file immediately even if you think you'll be denied.

What kind of evidence would help? I don't really have much besides my own version of events.

Medical records if you have a prescription, witness statements if anyone saw procedural violations, copies of company policies if they weren't followed properly. Anything that shows the termination wasn't straightforward misconduct.

I understand the frustration but the system has to have standards. Employers pay into unemployment insurance expecting it won't cover misconduct situations.

Yeah but where's the line between punishment and just kicking people when they're down? A drug test failure doesn't make someone unemployable forever.

That's somewhat encouraging. I've never been fired before this and had good performance reviews. Hope that counts for something.

It definitely helps show that this was an isolated incident rather than a pattern of misconduct. Make sure to emphasize your work history when you file.

30 days from the denial notice - got it. Is this something I can do myself or do I need a lawyer?

You can represent yourself at unemployment hearings. Many people do. Just be organized and stick to the facts.

How did you find out about the lab error? Did Washington ESD investigate that or did you have to prove it yourself?

I had to dig into it myself. Got copies of all the testing documentation and found the discrepancy. Washington ESD reopened my case once I showed them the evidence.

52 weeks?? That seems insane for a first offense. How do they determine how long the waiting period is?

It depends on factors like your work history, the specific type of misconduct, and whether it's a repeat offense. Drug test failures usually fall somewhere in the middle of that range.

Thanks, a couple people mentioned this. Definitely going to look into it since I'll probably need to talk to someone about my case.

I used Claimyr last month when I had adjudication issues. Really straightforward and saved me tons of time trying to get through the regular phone lines.

You're right. I'm going to file today and see what happens. At least then I'll know for sure instead of just assuming I'm disqualified.

Good call. And if you do get denied, don't take it personally. The system is just following the rules, even if they seem harsh sometimes.

I hadn't thought about other programs. Where would I look for information about those?

WorkSource Washington has information about various assistance programs. They can help even if you're not eligible for regular unemployment benefits.

Thank you for the encouragement Jacob. Reading through everyone's responses here has been really helpful, even if most of the news isn't great. I'm definitely going to file my claim today like everyone suggests - at least then I'll know where I stand officially instead of just worrying about it. The fact that Washington ESD reviews each case individually gives me a tiny bit of hope, and knowing I can appeal if needed makes me feel like I have some options. Really appreciate this community for giving me straight answers instead of just telling me what I want to hear.

This is really encouraging to hear Freya! Your case shows that even situations that seem hopeless can have unexpected outcomes. The point about documenting everything is crucial - I'm going to request copies of all my employment records and the drug testing documentation from my employer right away. I never thought about whether they properly communicated their policies or followed their own procedures correctly. Even though I don't have a medical marijuana card, I have been dealing with chronic back pain from a work injury last year, so maybe that context could be relevant during the adjudication process. Ten weeks is a long time to wait, but knowing that appeals can actually work gives me hope. Thank you for sharing your experience - it's exactly the kind of real-world example I needed to hear.

@Freya Andersen This is exactly the kind of detailed insight I was hoping to find here! Your experience really highlights how important it is to look beyond the surface-level drug "test = automatic denial assumption." The fact that you won on appeal because of procedural issues with policy communication is fascinating and gives me a completely different perspective on how to approach this. I m'definitely going to dig deep into all the documentation and procedures my employer used. Even if the odds are still against me, at least now I know there are specific things to look for that could make a difference. Thanks for taking the time to share the details of your case - it s'given me the motivation to fight this properly instead of just accepting defeat.

@Freya Andersen Your story gives me so much hope! I never realized that procedural violations by the employer could overturn a misconduct determination. This makes me think I should also look into whether my workplace followed proper chain of custody procedures for the drug test itself. I remember the whole process feeling pretty rushed and informal - they just told me to go to a clinic down the street with no advance notice. I m'wondering now if there were specific protocols they were supposed to follow that maybe they didn t.'Your point about chronic back pain is interesting too since I ve'been dealing with some joint issues from repetitive motion at the warehouse. Even though I didn t'have a prescription, maybe the context of using marijuana for pain management rather than recreation could matter during adjudication. Thank you for showing that these cases aren t'as black and white as they initially seem!

@Freya Andersen Thank you so much for sharing your detailed experience - this is incredibly valuable information! Your case really shows that there s'more nuance to these situations than the general drug "test failure = misconduct rule" suggests. I m'particularly interested in your point about employers needing to prove they properly communicated their drug testing policies. Looking back, I m'not even sure I received a copy of the updated employee handbook when they implemented random testing at my warehouse job. The testing itself did feel very informal and rushed - they just handed me a slip of paper and told me to go to a clinic immediately. I m'wondering if there were specific procedures for notification, timing, or documentation that they may not have followed correctly. Your mention of medical context is also really helpful. While I don t'have a medical marijuana card, I have been dealing with chronic pain from repetitive stress injuries at work, and using marijuana has been the only thing that helps me sleep at night. I never thought this context might be relevant, but maybe it creates some gray area around the willful "misconduct classification." Ten weeks is definitely a long wait, but knowing that appeals can actually succeed makes it feel worthwhile to fight this properly rather than just accepting the initial decision. I m'going to request all my employment documentation and really scrutinize every step of their process. Thank you again for giving me hope and a roadmap for how to approach this!

@Kaiya Rivera Thank you for the thoughtful response and for highlighting how complex this situation really is. You re'absolutely right that it s'not as black and white as it initially seemed. Reading through everyone s'experiences, especially @Freya Andersen s successful'appeal, has really opened my eyes to the importance of examining every detail of the process rather than just accepting the surface-level assumption that I m automatically'disqualified. Your suggestion about reaching out to former coworkers is brilliant - I hadn t thought'about whether other employees might have insights into how the company typically handles these situations or if there were any irregularities in my case. The support from this community has been incredible, and knowing that there are people who ve actually'navigated similar situations successfully gives me the motivation to fight this properly. I m definitely'going to file my claim today and start gathering all the documentation I can. Even if the outcome isn t what'I hope for, at least I ll know'I gave it my best shot rather than just giving up without trying.

@Olivia Martinez This is such valuable insight about the timing and workplace impairment aspects! I never considered that the timing of when I used marijuana versus when I was tested could be legally relevant. You re'absolutely right that there s'a difference between testing positive for something you did weeks ago versus being impaired at work. In my case, I hadn t'used marijuana for several days before the random test, and my work performance had been completely normal - no safety incidents, missed deadlines, or supervisor complaints. Your point about documented work performance is really important too. I actually received a positive performance review just two months before this happened, and I ve'never had any disciplinary actions or workplace violations. I m'going to gather all of that documentation along with evidence of my employer s'drug testing policies and procedures. The distinction you make between a positive test result and actual disqualifying misconduct gives me hope that there might be more nuance to my case than I initially thought. Thank you for adding this legal perspective to the discussion!

@Jamal Brown You ve'really captured the evolution of this discussion perfectly! When I first read @Dmitry Petrov s original'post, I was also thinking it was probably a lost cause, but seeing all the detailed experiences and legal nuances that people have shared has completely changed my perspective. What s particularly'encouraging is how @Freya Andersen s case showed'that procedural violations can actually overturn misconduct determinations, and @Olivia Martinez s points about timing'and workplace impairment add another important dimension. As someone new to understanding unemployment law, I m learning that these'cases really do depend on specific circumstances rather than just blanket rules. The systematic approach you ve outlined - filing'immediately, gathering documentation, reviewing policies, documenting performance history - seems like the smart way to give yourself the best possible chance. Even if the odds are still challenging, at least you ll know you explored'every angle rather than just accepting defeat based on assumptions.