i was terminated for a drug screen ...
U think I am entitled to unemployment benefits for me failing due to my medication I was taking prescribed by my doctor.They brought me in the only one had to pee in the cup never sealed it ,tested it in there they said they might hav to send it off because it came out as amphetamine n made me stay home til further notice...Next day the superintendent office calls says that they were sending it off stay home til further notice again..I work at a school in the cafeteria so the first day was my boss next day was superintendent now my urine is stil not closed n sealed they waited about 4 days the doctor for the occupational health care calls n says they were sending my urine off to see if it was my Adderall or meth amphetamine.Now that is 6 days before they sent it off ,I was told it had to hav a certain temperature and signed n by me.then the next day they call said not to return to work because I failed my drug screen.I would like to know don't you need the levels of the medication,iam suppose to get a letter from the place they sent it to ,also y they waited so long to send it off.?Now my boss does drugs not prescribed an wass always tripping out on me when her day was going bad ....Y is it just me was tested n that's all I had n I am prescribed that an on records at occupational medical clinic where they brought me....Anyone thinks I am entitled to unemployment benefits ?An also once they decided to send it off days later they told me they were stil going to pay me til the results came in and I should of gotten a copy of my results cas the lady that took my urine told me that was my adderal...Then the doctor in charge of the clinic calls 2 days later sayin to call superintendent of schools that they have to send my old urine offf...Whose to say they didn't put something in it until they decided to send it off....I have no one to ask if I should try for unemployment benefits or not?I never was in this situation before.Thank you for listening and I hope someone can give me some advise on how this works.....
You should apply for unemployment and also get a lawyer and fight for your job
I have not read every single post, however if the test came back positive I would think you would be offered a retest to confirm. My mother used to have a poppyseed bagel every morning and when she had to give a sample for drug test it came back positive. They gave her the option to retake the test and she was cleared. A drug test would be the same as chain of evidence, if that's broken it should be redone.
Not only was it NOT sealed correctly; it had numerous occasions when it could have been tampered with. Having said that, if a doctor to whom YOU are under care of, prescribes a medication YOU are in need of, YES your employer should be responsible through unemployment benefits. To much of this world wants it both ways and it doesn't work THAT way.
This sounds kind of fishy to me...jsin!! She was the only one...something happened or someone said she did something. It was NOT a random drug test...And how do you know your BOSS was wiggin on nonprescription drugs? I hope you are not that close to party together...??? That would just be idiotic on your part. If what you are saying is true & all that you honestly know about the situation and you do have a script for adderall and able bring bottle for pill count to prove you are not abusing...then by all means consult with a lawyer. Then per your statement I agree they have violated your rights. But if there is more to this story or you cannot dot your I's or cross your T's...I would still consult a lawyer but... In my opinion of your statement of events...they feel they had probable cause to test you. They are a school district and have access to their own lawyers...Im sure they have covered their ass. But you never know...we all make mistakes. Good Luck!!
I think you already know the answer to your own question. Come on, really?
Yes you are entitled to unemployment if you were fired or dismissed from a job due to a positive drug screen for medication that is prescribed to you by a doctor. You should contact a lawyer and file a wrongful dismissal suit.
I can understand your frustration, but for the love of all that is good ..please use proper grammar. It will strengthen your case.
Hi, they are supposed to get a list of your meds before drug screen and Adderall shows as methamphetamine so you could most definitely get unemployment. I take 12 different prescriptions and Adderall is one. I smoke weed every now and then though and failed a test the other day but just for the weed. I tried to convince them all of my meds must have caused that so they called lan and they said no that's not possible :(
My husband once was fired from a company due to failed drug screen after his birthday party. A lady who was at his party was the snitch. Upper mamagememt said it was random but he was the only one tested. Not the only person who smoked but he was the only person who had to sunmit. When you sunmit a sample itis suppose to be sealed and yes anything that is out of the norm is suppose to be disclosed to you before anyone else even the company who ordered the test. Fuck them bastards. I would apply to unemployment and tell the case worker the truth. They will determine if a volation has been committed
anyone know about the legality of a drug test if a employer did not provide a written policy or obtain a signed consent as both required by law? My attorney is saying since it was an illegal test and did not abide by the statutory provisions to test me in the first place...then its illegal and cant be used.