Can an individual collect unemployment benefits if he/she is terminated due to a random hair follicle test which tested positive for ....?
Can an individual collect unemployment benefits if he/she is terminated due to a random hair follicle test which tested positive for marijuana in a state where recreational use of marijuana is legal?
- Nekkid Truth!Lv 71 year ago
It doesnt matter if pot is legal in your state. Because it is still federally illegal, employers are allowed to discriminate against it.
You wont get unemployment for failing a drug test.
- 1 year ago
No a failed drug test would disqualify you for benefits at any place of business unless you can prove that you were prescribed marijuana (THC?) under a doctors care and you already brought documentation to HR prior to using it. HR would have documented confirmation whether your job duties would be affected.
- Anonymous1 year ago
Sue the boss
- DickLv 71 year ago
Generally speaking, in most states, an employer can discharge you at any time for any reason they care to use. So if their company guidelines are that there is zero tolerance for positive pot tests, then yes they can fire you. You need to consider the "image" of the company to the business world if they condone pot smoking in their employees. It could cost them a lot of business. To answer your original question, normally unemployment benefits ARE NOT paid to discharged personnel.
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- Anonymous1 year ago
No, not in my State, Pennsylvania. It's called "fired for cause."
- FoofaLv 71 year ago
No. Even if the drug legal in your state doesn't mean your employer can't have its own standards about what's acceptable. The only loophole might be if you didn't know company policy on pot and can prove you were never told.
- curtisports2Lv 71 year ago
Using marijuana in a state where it's legal to use only means that the state and local government can't prosecute you for using it. It does not take away an employer's right to refuse to employ people who can be shown to have used illegal drugs. Marijuana remains illegal at the federal level. So, while a state may decide not to prosecute you, if the state decided to pass a law that prohibited an employer from terminating employees who test positive for a substance that is illegal at the federal level, it would be ruled unconstitutional.
That is why no state has passed such a law regarding employer drug tests, and if your state's unemployment department will not pay for terminations for just cause, like your termination, then you aren't going to collect. What does your state do? How could we know; you didn't tell us the state? Apply, and if denied, appeal.
- 1 year ago
If your employer prohibits use of marijuana, and if your state law prohibits unemployment benefits for people who are fired for breach of company policy, then no.
- Spock (rhp)Lv 71 year ago
if company prohibits use of marijuana; yes, you can be terminated -- especially if they have a safety reason for doing so. Collecting unemployment is at discretion of the state authorities and depends on details of state law that we don't know.
best advice is to file for unemployment and see what happens while scrambling to get another job.Source(s): grampa
- davidmi711Lv 71 year ago
No. Unemployment is only paid when the job loss is due to no fault of the employee. No one made the employee use drugs. If you are getting random hair follicle tests you agreed as a condition of employment to not use drugs including marijuana which is still illegal at the federal level.