Help! Discharged Ca tested positive Marijuana (receive, claim, EDD, work)
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Hello, if anyone can spare some time to give me some advice I'd greatly appreciate it.
I sustained 2 small cuts on my hand at work, I work the night shift but came in mid shift to help cover another employee. My supervisor recommended that I see a doctor but didn't make is mandatory and this occurred about 12:15 am Tuesday the 29th. My cuts were no big deal so I didn't want to waste the money to see the doctor so I decided to keep it clean with at home care. I missed work the next night , and got a text asking me if I seen the DR from my usual supervisor and I hadn't so he told me to contact HR. I went to the ER because that was the fastest way of seeing a DR an was cleared from my normal work load. I contacted HR an told them I was good to go an they said everything should be fine an that they would call me back. They called me back and asked me to take a drug test an I couldn't at the time because my wife had our vehicle an I wouldn't be able to until Thursday the 1st. They said it was fine so I did and I went into work at 1pm, and worked May 2nd. On May 3rd the diagnostic company called me to inform me I tested positive for marijuana. I went into work that same day an spoke to the main boss, told him the situation an he said to just work as usual. Tuesday May 6th I get a call from HR about my results an they tell me not to come in. I get a call on May 7th where they verbally terminate me an tell me I can come in to get my last check. I signed a termination notice that says I was discharged effective May 7th, they state no notes or comments in writing on the document other then discharge.
I applied for unemployment faxed in my paperwork, I have received the
*NOTICE OF REQUIREMENT O REGISTER
*NOTICE OF UI BENEFITS ELIGIBILITY
*NOTICE OF UNEMPLOYMENT INSURANCE AWARD
*NOTICE OF UI CLAIM FILED
My question is what should I say in the telephone interview? The questions asked on my TELEPHONE INTERVIEW INSTRUCTIONS ARE:
-THE REASON YOU LEFT YOUR JOB WITH EMPLOYER
-WHY ARE YOU NO LONGER WORKING AT YOUR LAST JOB?
-WERE YOU WARNED THAT YOUR ACTIONS COULD RESULT IN BEING FIRED?
-WHEN WERE YOU WARNED?
I don't want to implicate myself and I NEVER have been intoxicated at work, I was there five years. Any past experience would help an be appreciated greatly.
Since the employer's paperwork to you didn't mention anything, then you tell UI that you have no clue why you were discharged, and let the employer do their job of proving misconduct. You let the employer's paperwork that you have in your possession do the talking for you because if you start telling this story, you'll be without a job and no UI benefits.
Thank you for your replies, much appreciated. I don't deny it because I wasn't intoxicated at the time of my shift (or any other time at work) and as far as I could research I am entitled to a right to privacy in my personal life. Any job wouldn't be able to prove that that you are intoxicated at the time, only that it is present for up to 30 days. If I was such a high risk to the company I would think they wouldn't want me to come into work until after the drug test results were received, yet they let me work that day, Friday, and Monday.
As far as answering questions during the interview should I ask the EDD interviewer what my work stated was the reason of my discharge an fight it from there OR just answer that I was discharged, had no idea why. Once again thanks for the replies I really do appreciate them.
Either approach is acceptable. You just want to make sure that if you are denied, it's because the employer did it to you, and not you doing it to yourself.
Thank you Chvyvan. I don't have my phone interview until the 28th, so I will sit patiently until then. Is it standard that you receive a NOTICE OF UI AWARD LETTER after the NOTICE OF UI ELIGIBILITY INTERVIEW? I've never been on UI so as you can tell I have a lot of questions.
You'll get the award letter first. It's one of those things they send out that makes the claimant feel good because they think they're going to get benefits, but all it means is that if you are granted benefits, this is what you're going to get.
Thank you for your replies, much appreciated. I don't deny it because I wasn't intoxicated at the time of my shift (or any other time at work) and as far as I could research I am entitled to a right to privacy in my personal life. Any job wouldn't be able to prove that that you are intoxicated at the time, only that it is present for up to 30 days. If I was such a high risk to the company I would think they wouldn't want me to come into work until after the drug test results were received, yet they let me work that day, Friday, and Monday.
It's not personal, but you are a high risk.
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.
The only state in which OP could possibly survive a failed drug test and get benefits on appeal, is California. So, he's got that going for him.
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.
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