Is there some waythere where being fired for adrug test does not disqualifya personfrom unemployment insurance?

If the person was fired for having marijuana in their system but the company does not want to fight the unemployment claim and is not going to speak to the EDD, can one still be eligible? The company tested an entire department of 30 people because one person was suspected of dealing drugs and a couple other people were suspected of drinking on the clock but the person fired was not one of the people under investigation so that is why they do not want to fight the claim. Would the EDD still deny the person even though the company won’t?. Also, would this person possibly have a case against t

Asked on September 10, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the company doesn't contest the application for unemployment compensation and does not divulge the reason for the termation, the fired employee could probably get it. However, if the application is contested and/or the company says the termination was due to failing a drug test, then the person would most likely not be eligible: being fired for cause disqualifies a person from receiving unemployment insurance, unfortunately, and being fired for failing a drug test would most likely be considered termination for case. There is no legal action or lawsuit which the fired person could bring, either against his employer or against the person whose actions led to the suspicion of drugs and the testing.


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