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Question:

If you fail a random drug test at work are you still eligible for unemployment?

If you fail a random drug test at work are you still eligible for unemployment?

Answer:

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I really really really wish you'd told us in which state you would be claiming benefitsBecause you did not, all I can give you is some general informationIf your job was such that drug use could be dangerous to others (you're a truck driver or crane operator, for example), you won't get benefitsPeriodIf your job would not endanger others (you're a janitor, strawberry picker) then it's possible you would get benefitsIt totally depends on facts and circumstances, as well as the state in which you're workingI've put a webpage link under Source below which explains how CA treats the questionIf you worked in NJ, on the other hand, being fired for failing a drug test may not be considered gross misconduct and the UI dept would merely not pay you for the first 6 weeks, but you could claim benefits after that time: If you were discharged from your job because of misconduct connected with the work, you may be disqualified from benefits for the week in which the misconduct occurred and for the next five (5) weeksAfter that period you may be eligible to collect benefits If your misconduct was serious enough to be considered a crime under the “New Jersey Code of Criminal Justice,” you may be disqualified from benefits indefinitelySo you see, it really depends on your state's rules and regsYou have 3 choices at this point: 1) Apply for benefits and see what happens - you have nothing to lose but the time it takes to file the formIf your employer contests and wins, appealAgain, nothing to lose but the time2) Go to your state's UI website and do the research3) Re-ask this question, telling us in which state you workDo NOT put it under Additional Details because the question is too oldJust ask a new question along the lines of, In (name of your state), if you fail a random drug test at work are you still eligible for unemployment? You will get better answers that wayBTW, just being nosy - did you learn your lesson?

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