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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption