Can You Collect Unemployment If You Fail Drug Test?


16 Answers

Babz Bell Profile
Babz Bell answered
It depends on what state you are living in. For those living in states such as Connecticut, Idaho and Pennsylvania you will not be eligible to collect unemployment benefits if you fail a drug test. Additionally, states such as Missouri are making it increasingly more difficult for people who are tested positive for drug using to receive unemployment benefits.
If you do find yourself in the position where you have failed a drug test and are now struggling to get benefits, there are actions you can take to improve your situation. The best course of action is to get in touch with a local attorney who will be familiar with the state laws and regulations in regards to unemployment benefits and drug taking. If it is not possible for you to get benefits in your state after having failed a drugs test, there may be a possibility you could adhere to certain state provisions that could improve your chances of your application for unemployment being successful. For example, your attorney may advise you to enroll on a drug rehab program and upon completion you may be in a better position of having your application accepted. 
In the workplace, if you fail a drugs test it may be left up to your employer over whether your application for unemployment should be approved or not. Prior to any test being carried out, the employer must give the employee notice and it must be carried out in an approved laboratory.
Anonymous Profile
Anonymous answered
I was injured on the job, because of this - they did a drug test and I failed. 

This incident has raised serious questions in my mind about whether or not I can claim unemployment. What I've heard is that certain states don't allow you to claim unemployment benefits if you fail a drug test.

What's even worse is that apparently the state is thinking about specifically drug testing unemployed people! 

Anonymous Profile
Anonymous answered
Yes you can, no one can tell you what you can do on your own time. They have to prove you were in possession at work or were under the influence at work.
Anonymous Profile
Anonymous answered
Of course you can apply, just lie anyone can sue someone, will you win? Probably not, you are not adhering to company policies. The only way that you could have an Administrative Law Judge rule in your favor to receive unemployment insurance benefits is to prove that the company did not universally and practice drug testing employees, that somehow you were targeted specifically. So.....its a lose lose deal for you.
Joel Allen Profile
Joel Allen answered
That would mean that you were fired, and as such, in most if not all states you will not get the the check
Suhail Ajmal Profile
Suhail Ajmal answered
You are fired on your fault and I am afraid you can't get unemployment if you are fired from a job on your fault. You have to make your position clear if you want to apply for unemployment. For more details, you can contact your unemployment office.
Anonymous Profile
Anonymous answered
Reason how it happen because I'm take medicine from other country .I'm told this to doctor and she says sending to me prescription of drug When I send she says I'm sorry I can't reading this language and report to my work place that I have prove for marihuana
Melissa Hite Profile
Melissa Hite answered
I think you can but you have to wait longer than normal Call anonymously (spwr) and ask if someone is fired cause of positive test can they still get benefits HAPPY OOOOOO
John Baize Profile
John Baize answered
First, this is not legal advice. If you seek legal advice, you should consult an attorney licensed in your jurisdiction.

In general, unemployment is available for employees that were terminated without cause. Reasons may include layoff's, position being eliminated, company going out of business, etc.

It would be difficult to show these reasons when you fail a drug test. An employer that fires you largely for this reason would more than likely object to your collection of unemployment benefits.
Merlin Paine Profile
Merlin Paine answered
I have never heard of it. It could have happened but it would be extremely rare.

When an employer terminates someone by laying them off or by firing them. If the person did not become unemployed through no fault of their own then they are eligible for benefits. The employer must pay half of their benefits. That is why employers fight it. If someone agrees to take a job with the condition of being subjected to random drug testing as a condition of continued employment. Then even being fired for refusing to take a drug test will keep you from drawing unemployment. A failed drug test gets the employer out of the obligation.
Jo W. Profile
Jo W. answered
Hi pothead!

I suggest that you call your local unemployment office and ask them to be sure.

Good luck and let us know how this turns out for you!
Adrian Masters Profile
Adrian Masters answered
Drugs are illegal. You know it. You knew drug tests are required. I do not know the answer to your question, but I hope the answer is no. People should not be rewarded for breaking the law.

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