If I was recently terminated from employment due to failing a drug test, what can I do to get my benefits reinstated?

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If I was recently terminated from employment due to failing a drug test, what can I do to get my benefits reinstated?

The company policy was stated in the handbook but states that group 1 violations “may” lead to immediate dismissal, yet would be handled on a case by case basis. Though even my management was unsure if I would lose my job or not, I’ve still been denied my unemployment benefits.

Asked on October 10, 2012 under Employment Labor Law, Wisconsin

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been denied unemployment benefits and you want to get them reinstated, then that means there has probably been a determination that your employer fired you for a good cause.  However, if you disagree with this determination, you do have a right to appeal the decision.  Usually, when you receive notice of an adverse decision, the DWD (agency that handles claims), will send you notice describing how to appeal the decision.  If you did not get that notice, then here is a link to their website which sets out the appeal process:  http://dwd.wisconsin.gov/uibola/FAQs-12-01/ .  You don't necessarily have to have an attorney, but if you can find one to help you, it never hurts.  Considering that you know of a couple of witnesses that could help your case, you may want to contact an attorney to at least help you get them served to appear at the appeal hearing.

Make sure that you follow the timelines and procedures set out in the link above or in your paperwork.  Administrative agencies are very specific about rule compliance and usually require strict adherence to all filing requirements.


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