Washington ESD unemployment disqualification - does failing a drug test disqualify you from benefits?

Unfortunately, being terminated for drug policy violations is typically considered misconduct under Washington ESD rules. This usually results in a disqualification from unemployment benefits. However, you should still file your claim because each case is reviewed individually. They'll look at factors like whether you were aware of the policy, if this was a first offense, and the specific circumstances of your termination.

my friend got fired for the same thing last year and Washington ESD denied his claim. he tried to appeal but lost that too. the hearing officer said drug policy violations are considered willful misconduct

You might want to try Claimyr to get through to Washington ESD and discuss your specific situation with an actual agent. I used them when I had adjudication issues and they helped me reach someone who could explain my options. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Sometimes there are exceptions or mitigating factors that might apply to your case.

The key question is whether your employer had a clear drug policy that you were aware of. If they didn't properly notify employees about testing or the consequences, that could work in your favor. Also, some companies have different policies for different types of substances. Was this marijuana or something harder? Washington state laws have changed regarding marijuana use.

THIS IS EXACTLY WHAT'S WRONG WITH THE SYSTEM!!! People make one mistake and suddenly they can't get help when they need it most. Meanwhile corporations can lay off thousands of people for profit and those workers get benefits no problem. The whole thing is rigged against working people.

Let me clarify the Washington ESD misconduct rules since there's some confusion here. Misconduct that disqualifies you from benefits must be: 1) Connected to your work, 2) A violation of your employer's reasonable expectations, and 3) Show a disregard for your employer's interests. A drug policy violation usually meets all three criteria. However, you can appeal and argue mitigating factors.

wait i thought Washington legalized marijuana? how can they fire you for something that's legal?

I used to work in HR and handled these cases. Washington ESD typically denies claims for drug test failures, but the appeals process is where you might have a chance. The key is showing that either the policy wasn't properly communicated or there were extenuating circumstances. Document everything about your termination.

Update: I filed my claim online this morning and was honest about the termination reason. Now it shows 'adjudication in progress' which I assume means they're reviewing whether to disqualify me. How long does this process usually take?

Honestly the Washington ESD system is so backed up right now that even if you do get benefits, it'll probably take months. I've been waiting for my regular claim to get approved for 6 weeks already. At least you know you'll get a decision one way or another with misconduct cases.

One thing to consider - even if Washington ESD denies your initial claim, you might qualify for benefits after a penalty period. Some misconduct disqualifications are temporary rather than permanent. It depends on the severity of the violation and your work history.

Look, I don't want to be harsh but this is a good lesson about following workplace rules. Every employer has the right to maintain a drug-free workplace, especially in warehouse jobs where safety is crucial. Use this as motivation to get clean and find a better job.

Had a similar situation happen to my brother in 2023. He failed a pre-employment drug test (not even a current employee) and Washington ESD still approved his claim because the denial wasn't based on misconduct at his previous job. Your situation might be different since you were actually employed and terminated.

I keep seeing people struggle with getting through to Washington ESD agents. Seriously consider using Claimyr if you need to discuss your case - they specialize in helping people reach actual human beings at Washington ESD instead of getting stuck in phone tree hell. The service was a lifesaver when I needed to resolve my claim issues.

Final advice: if your claim gets denied, don't just accept it. File an appeal within 30 days. The appeals process allows you to present your case to an administrative law judge who might see mitigating factors that the initial reviewer missed. Many misconduct denials get overturned on appeal.

Why is everyone acting like this is so complicated? You failed a drug test, you got fired, you probably won't get unemployment. Pretty straightforward. The system works exactly as it should.

This thread is making me paranoid about my own situation. I work in food service and we've never had drug testing, but what if they decide to start? I occasionally use edibles for anxiety and sleep issues.

The marijuana laws in Washington are confusing for this stuff. Like it's legal to use but not legal to use if your employer says so? And then you can't get unemployment if you get fired for using something legal? Doesn't make sense to me.

OP should also look into job training programs while dealing with this unemployment situation. Sometimes Washington ESD has partnerships with community colleges for people who are disqualified from regular benefits. Might be worth exploring as a backup plan.

Three years ago I got denied for misconduct but won on appeal. The key was showing that my employer's policy wasn't consistently enforced and other employees had gotten warnings for similar violations. Documentation is everything in these cases.

I went through something similar about 6 months ago. Failed a random test at my construction job and got terminated. Washington ESD initially denied my claim, but I appealed and actually won. The hearing officer said the key factor was that I had been a good employee for 4 years with no prior disciplinary issues, and my marijuana use was for chronic back pain (even though I didn't have an official medical card). It's definitely worth fighting if you have a good work history. Don't give up after the first denial - the appeals process gave me a real chance to tell my story.