ESD appeal for termination after insufficient urine sample - employer claiming I refused drug test

This is actually good news for you! When an employer doesn't appear at an appeal hearing, the Administrative Law Judge (ALJ) can only consider the evidence that's presented - which was just your testimony. Without the employer there to dispute your version of events, the judge has no contradictory evidence to consider. In most cases I've seen, people win their appeals when employers no-show, assuming your testimony was consistent and credible. The key issue here is whether there was 'misconduct' - and providing insufficient sample volume isn't misconduct, especially when you were told you could return the next day. You should receive the judge's written decision within 2-3 weeks.

same thing happen to my cousin last year!!! they said he refused but he just couldnt pee enough and when he went back next day they had already fired him. he won his appeal cause the company didnt have proof he actually refused anything. good luck!!!!

I think you're in a strong position here. When evaluating drug testing cases, ESD looks at whether you actually refused testing or if there were legitimate circumstances preventing completion. Insufficient specimen volume happens frequently and isn't considered misconduct if you were willing to retest. The fact that your supervisor explicitly told you to return the next day creates a reasonable expectation that you were following proper procedure. Not having this in writing isn't ideal, but your consistent testimony about this verbal authorization helps. The employer's absence at the hearing significantly weakens their case. Make sure you continue filing your weekly claims during this period - if you win the appeal, you'll be eligible for back benefits for all weeks properly claimed.

ESD is a joke. they'll probly find some way to deny u anyway. i once had an employer no show and they STILL found for them. said something about the written evidence was enuff. such bs.

Has ANYBODY managed to get ESD on the phone lately??? I've been trying for 2 weeks about my adjudication and it's impossible. Just rings busy or disconnects. I'm so frustrated I could scream!!!

The law is pretty clear that insufficient specimen for a drug test is NOT considered a refusal as long as you were willing to retest. I had a similar situation in 2023 (though I was able to complete the retest before any termination). The key factors are: 1) Did you intentionally refuse testing? 2) Were you following supervisor instructions? 3) Did you have a history of previous refusals? If the answers are No, Yes, and No, you should win your appeal. The employer's failure to appear significantly strengthens your position. With drug test cases, the burden of proof is on the employer to demonstrate willful misconduct. Without their testimony or documentation, that burden wasn't met. Keep all your hearing documentation in case there are future issues with your claim.

im confused about something... did you get other letters from ESD before this hearing? usually they do a fact finding interview first before an actual appeal hearing with a judge

One more thing to consider: Even if you win your appeal (which seems likely), there might be a delay before payments start. The employer has the right to petition for review of the ALJ's decision within 30 days. Some employers automatically file these petitions even when they didn't show up for the hearing. If they do file, it could add another 2-3 months before you receive benefits. However, if your financial situation is critical, once you receive a favorable decision, you can call ESD and request a hardship payment while waiting for the petition period to expire.

does anybody know how long it takes to get the decision after the hearing? mine took 4 weeks and i was going crazy checking the mail everyday!!