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Failing a UA


(Washington)

I was given a UA because they were suspicious of drug use at work.


I told them I would fail it, but that I had quit using the drug and asked them to give me another chance by sending me to treatment.

I was employed by this company for 11 years. The test came back positive and they terminated my employment. I hadn't used the drug for about a week before being tested and I told them that. I haven't used since and am attending weekly recovery meetings. Do i have a chance of getting unemployment benefits?


Hi Anonymous,

The current UI law comparison charts do not make it look as if Washington has a provision that would allow benefits given the situation .. unlike California and a couple other states might .. if you admitted your drug use to be a compulsion beyond your control and later to requalify have evidence you completed some form of treatment, or currently participating in a recovery program of some kind.


The WA misconduct statute states:

With respect to claims that have an effective date before January 4, 2004, an individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has been discharged or suspended for misconduct connected with his or her work and thereafter for seven calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount. Alcoholism shall not constitute a defense to disqualification from benefits due to misconduct.

Since it specifies alcoholism .. I suggest you investigate further, but given you didn't specify what drug .. I don't see how if it were an illegal drug .. it should then benefit you .. but not an alcoholic .. which is of course a liquid legal drug too many think isn't as big a problem when someone gets hooked on it.



Chris

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Thank you for not asking me a specific question about drug use connected to the work
by: Chris - Unemployment-Tips.com

because frankly, I've feel I've already explained a lot of things that focused on the need to have a credible (synonym for believable) explanation ready to go to effectively rebut a discharge for work related misconduct .. up to and including violation of an employer's policy on illegal and even legal in some states .. drug use.

Too bad it took you so long to recognize you must of been drugged against your will .........

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Alabama - fired b/c of a UA - after allowing to work one week from preliminary
by: Anonymous

after receiving a preliminary ua realized that i had been obviously drugged the night before... and stated that after the initial findings... (the person that i was sexually with the night before sent an email to my job - after trying extort money after a sexual encounter) a week later was friend b/c of the official test -which i then stated i was drugged - ED stated b.c it was crystal meth.....which made me think anything other would have been ok.... that this particular situation was being held in a higher standard...

Policy stated could be dismissed leading up to firing...

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