ESD denied benefits after failed drug test but had valid prescription - can I appeal?

Thanks for the quick reply! I have the termination letter which specifically mentions the failed test as the reason. And I have the updated lab results showing negative after my prescription was considered. Should I upload both when I file? My HR person was super sketchy when I showed the prescription - suddenly started talking about 'performance issues' that were never documented.

Thank you for the detailed response! That makes me feel better about my chances. So even if they try to claim it was for performance reasons during the ESD process, the fact that wasn't mentioned in my termination letter works in my favor? I'll upload everything when I file my claim this week.

That's exactly what happened! The minute I showed my prescription they started backpedaling and bringing up minor issues from months ago that were never even documented in my file. It's so frustrating.

Oh no, 9 weeks?? I can't wait that long! I've got rent and car payments coming up. Is there any way to speed up the process?

I had a similar situation last year where my claim needed additional review. After waiting two weeks with no updates, I used a service called Claimyr (claimyr.com) to get through to an ESD agent. They helped me reach an actual person who could check my claim status and flag it for expedited review. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their service helped me connect with ESD when I couldn't get through on my own. The agent I spoke with was able to see exactly what documentation was missing and what was holding up my claim. Definitely worth trying if you're having trouble reaching anyone.

This information is not accurate. Under Washington state law, if you have a valid prescription for a medication, you cannot be terminated for failing a drug test due to that medication - even in safety-sensitive positions - unless: 1. You failed to disclose the medication when specifically asked prior to testing, OR 2. The medication observably impaired your ability to safely perform job duties, OR 3. The employer offered reasonable accommodation options that you refused Mere presence of a prescribed medication in your system is not grounds for termination or benefit denial without these other factors. The fact that the test was changed to negative after reviewing the prescription strongly supports the claimant's case.

I worked in inventory management - occasionally used a forklift but not on the day of the test. I had disclosed my medication to HR when I was hired 2 years ago, but admittedly hadn't mentioned it again recently when they changed our HR person. It's a common anxiety medication that doesn't cause impairment.

This is really helpful - I didn't know about flagging for adjudication. I'll make sure to be super detailed and chronological like you suggested. Should I also mention that they never documented any performance issues before the drug test incident? I had good performance reviews up until this happened.

Absolutely mention that! The lack of documented performance issues prior to the drug test is crucial evidence. Also include dates of any positive performance reviews you received. This creates a timeline showing the employer only invented "performance issues" after realizing they couldn't legally fire you for the prescription medication. This is exactly the kind of information that helps adjudicators see through employer pretexts.

Thanks for the encouragement! I'll definitely be calling regularly to check on my claim status. I've heard the phone lines are crazy though - sometimes disconnecting people after hours on hold.

Good point - I'll keep my phone with me and answer everything. And I'll check the portal multiple times daily. My anxiety is through the roof thinking about how my employer might try to fight this.

No, they never gave me an updated termination letter! It was all verbal after I showed them the prescription. The original termination letter specifically mentions the positive drug test as the sole reason. They just verbally started bringing up other issues when I tried to get my job back after the test was revised to negative.

This detail is extremely important. The fact that your only written termination documentation cites the drug test as the reason will be very compelling to ESD. Employers who change their story during the unemployment process (especially without documentation) typically don't fare well in these cases. Keep that original termination letter safe - it's your strongest piece of evidence.