Fired for failing drug test - can I still get Washington ESD unemployment benefits?

Unfortunately, getting fired for failing a drug test is usually considered misconduct and would disqualify you from receiving UI benefits in Washington. The Washington ESD considers this a violation of workplace policy that could have been avoided.

You should still file a claim anyway. Let Washington ESD make the determination rather than assuming you're disqualified. Sometimes there are nuances to these situations that might work in your favor, especially if you can show the drug use was due to a medical condition or prescription medication.

I had a friend who went through something similar and couldn't get through to Washington ESD for weeks to even discuss his case. He ended up using this service called Claimyr that helped him reach an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you can't get through the normal way.

THE SYSTEM IS RIGGED AGAINST WORKING PEOPLE!!! They'll find any excuse to deny benefits while corporations get bailouts left and right. File your claim and FIGHT IT. Don't let them steamroll you just because you made one mistake.

Here's what you need to know about the appeals process if Washington ESD denies your claim: You have 30 days from the date of the determination letter to file an appeal. You'll need to provide documentation of any medical conditions and explain your circumstances in detail.

honestly this reminds me of when my cousin got fired for the same thing except he was using prescription painkillers after surgery and they still denied his claim initially

The key factor Washington ESD looks at is whether the drug use directly impacted your job performance or created a safety hazard. If you can demonstrate that your marijuana use was for legitimate medical reasons and didn't affect your work, you might have a case.

wait so if someone gets fired for drugs they can still get unemployment? that doesnt seem right

Just wanted to follow up on the Claimyr thing - I used it myself when my claim got stuck in adjudication and it really worked. Saved me hours of calling and getting busy signals. Worth the peace of mind to actually talk to someone at Washington ESD.

my brother in law works for esd and he says they're pretty strict about drug test failures but every case is different so definitely file

One more thing to consider - if Washington ESD denies your initial claim, you can also look into other assistance programs while you're appealing. DSHS has food assistance and other programs that might help bridge the gap.

This is exactly why I never do drugs even though its legal now. Too much risk with employment

Make sure when you file your Washington ESD claim that you're completely honest about the circumstances of your termination. Lying on your application is fraud and will make things much worse if they find out later.

so what happens if they deny the claim? can you reapply later or are you just out of luck?

I used to work HR and we had several cases like this. Washington ESD really does look at each situation individually. Document everything and don't give up if you truly believe you have a case.

update us on what happens with your claim! curious to see how it goes

One last note about Claimyr - they're particularly helpful for getting through when you need to speak to someone about complex situations like misconduct determinations. The regular callback system often doesn't work for these types of cases.

good luck man, hope it works out for you. we've all made mistakes

Final advice: Keep detailed records of everything - your termination letter, drug test results, any medical documentation, performance reviews, and all correspondence with Washington ESD. Organization is key if this goes to appeal.

Hope everything works out! The system isn't perfect but sometimes it surprises you.

I went through something similar about 6 months ago - failed a drug test for THC and got terminated from my construction job. Washington ESD initially denied my claim but I appealed with documentation from my doctor showing I was using cannabis for chronic back pain from a work injury. It took about 8 weeks but they eventually approved my benefits. The key was proving it was medically necessary and didn't impact my job performance. Don't give up hope - the appeals process exists for a reason!