Can you collect unemployment if you fail a drug test in Florida?

Answer 1

No! You can not receive unemployment benefits in any state if you are fired for drugs. Your former employer will be asked by the employment office the reason why you were fired and drugs is not an excusable reason to allow benefits. Most excusable reasons are for illness causing you to miss work or deaths in the family in which you are gone from work longer then the allotted time given. Or if you were let go due to not performing your job in the way required (Example) not fast enough for this particular position.However, that is not the end of the story. Your employer may tell the unemployment people about the mj or they may not. They may not have enough information to prove their justification for firing you. If you appeal the denial of benefits, most of the time the employer will not continue to oppose your benefits.

Answer 2

One of the requirements for unemployment eligibility is that you cannot be "unemployed at any fault of your own." Therefore, unless you feel that you were fired for no reason or have some case regarding that you will not be able to collect unemployment.

My addition:

I have collected unemployed in Florida after being fired. I have never NOT collected unemployment after having been fired.

1) Always apply. The employer may not contest it.

2) Apply asap. Sign up for their online job search and document your search.

3) DO not put reasons for why you left that the state can use to disqualify you.

4) Make sure you repond to any turn down notices and appeals promptly.

5) Continue to look for work and continue to apply for unemployment each week/two weeks. It may take awhile. DO NOT disqualify yourself for a week. Fill out the paperwork and comply with their requests.

The first thing to understand in FLORIDA you are HIRED "AT WILL" and Florida employers can fire you for any reason or "NO REASON AT ALL*". They do not even have to say why.

*There are some exceptions but that is not relevant to this discusssion.

Unless they fired you for "not doing your work in a proper way"...you MAY be able to collect. Apply for benefits, note all your positive performance appraisals and see. DO NOT "leave money on the table". Your employer paid into unemployment..and it is a benefit to which you are entitled.

ALSO...if your boss calls you in suddenly and gives you a special appraisal, then say a reappraisal in 30 days...they are likely getting ready to fire you. Try to find a suitable job within the company and transfer. Be nice, you will need the reference. If you do get fired, ask them to pay out vacation time and sick time, and keep your work dates THROUGH the payment period...so it looks like you were employed longer. Negotiate.

Just say you dont know why you were "let go". If you have good appraisals note that. "Not sure why I was let go, my last five appraisals were good, I;ve never been late nor missed any days".

Don't use the word fired.

DO NOT SAY anything negative about your work or your boss or your co-workers. Stick to your great work ethic, your great attendance record, your willingness to go the extra mile, anything positive the boss said about your work, and your great appraisals.

You can say, "my boss relies on me when he/she is gone even though I have the lease seniority and says I am well organized".

You will have limited times to present your case...Make the most of it..so on the intial application, make it all good.

You can look up "cases" to help with wording. Do this, especially, in the case of an appeal.

Good luck.

Answer 3

The adjudicator will look at several things. First, they will establish whether this was a pre-employment drug test, or if this was a random drug test. The burden of proof is on the employer. They have to supply the unemployment office with the employee handbook stating the drug testing policies, the actual drug test results, etc by a certain date. If this information is not received, you could be approved. However, if you in fact failed a drug test and you were aware of their policies, etc and admit to doing drugs, you will be denied. If you are unapproved, then appeal it! Chances are, the decision will be overturned in the appeals process.