If iIwas fired for using marijuana, am i still eligible for unemployment?

UPDATED: May 19, 2014

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If iIwas fired for using marijuana, am i still eligible for unemployment?

I was an employee for the same company for 4 years, I have moved up from customer service rep to assistant manager with much recognition and reward. I was in great standing with the manager and owners. The company was sold and the new company required a drug test. I am an occasional pot smoker; I stopped as soon as I knew about the test, About five weeks later, I took the test but failed for THC. I was fired. Is there any way I can collect unemployment?

Asked on May 19, 2014 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your company chooses to consider this termination "for cause," then you would not receive unemployment benefits; only terminations not for cause allow receipt of benefits. Being fired for drug use or failing a drug test would qualify as a for-cause termination, so this is up to your company--whether they will report to the unemployment office as a for-cause termination or not.

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