I am fighting my termination because i didn't & dont do drugs. (Yes, they were in my system but not because I knowingly did drugs.) I know it's practically impossible to get unemployment if you were terminated because of a pos. drug test but....
Based on what you describe, you are correct that it is going to be difficult. However, you should pursue an unemployment insurance claim and explain how you did not knowingly do drugs. You have nothing to lose.
Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.
You should consult an employment attorney who handles drug-testing cases immediately. (If you are unable to find such an attorney on this web site, you may wish to check out California Employment Lawyers Association's web site).
Before I could give you suggestions, I would need to know a lot more. For example, what industry are you in and what are your job duties? Does the company you worked for have a policy of random drug tests? (This is common for bus drivers, heavy equipment operators, truck drivers, security guards, etc.) Were you required to take a drug test after being injured on the job? Were there precautions taken to make sure that you did not receive a "false positive"? Had you ever had any history of drug use? Did the employer have a reason to believe that you were using drugs? Were you asked to take a drug test shortly after you complained about bullying, harassment, discrimination, etc.?
Yes, you should apply for unemployment benefits. However, the language that you use when applying for unemployment is important. Ideally, you should talk to an employment attorney BEFORE applying for unemployment benefits, so that you do not use words in your application that could be used against you at a later time.
Also, remember that you can appeal if you feel you are wrongfully denied unemployment benefits.
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