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Most drug test claims I've read about going in the claimants' favor have been denials of usage or questioning the validity/proper identification of the test results. I hope for his sake California is different because this guy obviously does not deny it.
Stranger things have happened.
I thought I had seen it all until I read the thread about the guy fired for going to the gym on company time in a GPS equipped company vehicle... and got benefits.
Often times company insurance will not cover anyone who fails a drug test. If you test positive and they keep you, the company could be at risk to be dropped from insurance completely.
Not to mention, high or not at the time, if the company has a no drug policy, case closed. You will probably not win the case if they present a failed drug screening.
I received a continued claim form on 5/27/14 the day before my phone interview.
Today my phone interview window was scheduled from 10am-12pm. I didn't get a call from EDD, my phone line was clear an I waited. Once 12pm hit I called EDD but was informed that the telephone operators only answer between 8am-12pm. Has anyone ever had this happen? I'm sure they're super busy so my best bet is to call but is this a common issue where they don't call the claimant?
I havent read this but it might hold some info if you want to look at it.. take my advice and dont do drugs.. if the next place does a hair follicle drug test, you are already screwed..
I received a continued claim form on 5/27/14 the day before my phone interview.
Today my phone interview window was scheduled from 10am-12pm. I didn't get a call from EDD, my phone line was clear an I waited. Once 12pm hit I called EDD but was informed that the telephone operators only answer between 8am-12pm. Has anyone ever had this happen? I'm sure they're super busy so my best bet is to call but is this a common issue where they don't call the claimant?
Claim forms are sent whether or not your benefits are approved. CA will not pay you until after the interview. Yes, CA often does not call as scheduled. They may call tomorrow. You should call them, first thing in the a.m.
I actually asked the nurse that question and you know what I was told? They will cut head hair... Armpit hair... And as a last resort... Pubic hair to get a sample for testing.
(My specimen was from the armpits.)
I would assume no test = no job so not sure how a razor would help.
I called EDD an left a message for the person who was in charge of my case. They called back later this afternoon an gave me my interview, I have a "notice of termination" that was given to me with my final check with the reason saying "discharged" no other reason is given, it has the date of discharge as well. I was asked to fax that in today, which I have, and now I just need to wait patiently.
And I have heard of someone shaving their body to avoid getting the follicle test. They could not perform the test until he allowed the hair to grow back at least an inch.
If your employer is like every other employer I've heard of when it comes to drugs and alcohol, it's a zero tolerance policy. The fact you failed a drug test is all they need to terminate you. How is someone supposed to know if you are "intoxicated" on the job or not? I work in a metal fab shop with forklifts moving 4,000 lb steel plates on a regular basis... the last thing I want is someone driving a forklift while high and putting me at risk.
You are entitled to a right to privacy in your personal life... and your employer is entitled to having employees that don't use drugs. Your fellow employees are entitled to working with coworkers who aren't high on drugs.
The first thing my employer did when WA legalized marijuana was send out a memo stating that a positive marijuana test will result in immediate termination. The fact it's legal doesn't matter... it's no different than consuming alcohol on the way to work or at work.
Good luck with EDD... I'm assuming all your employer needs to do is provide evidence of their drug policy and your failed drug test and you will be denied benefits.
Just curious what your company does about prescription drugs. If you have a script for a drug and you test positive the drug testing lab will pass you. What about something like Xanax or Vicodin? Your company will never know anyone tested positive if they have a script - I'm pretty sure it's against the law to release medical information like that from a lab to your bosses. While they sent out a memo about WA and not using if you had a legit script for it from many of the states it's approved for medical use in they would never know. I suppose they could get the tests that give an immediate result but that would have to be backed up by a lab and it wouldn't be.
Did you have to sign any kind of waiver so they get the results no matter what? I would think that's the only way they would be able to know exactly what you're taking.
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