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  1. #1

    Default Employer Instituting Drug Tests, Unemployment Eligibility if I Fail

    My question involves unemployment benefits for the state of: New York

    Hello, I am new to this forum and have found myself in a bit of a predicament. My current job is being sold and the new owners are requiring a drug test as part of their conditional employment that I may not pass.

    If I fail the test, would I still be considered to be laid off from my current job, (closing will not be finalized until well after the test)? Will I qualify for unemployment? And will my current employer know/have to disclose the reason for why I was not accepted by the new owners?

    I was told that rejecting the offer will guarantee disqualification for unemployment. I have been working there for over 5 years and both companies are big corporations.

  2. #2
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    A positive UA may lead to termination for cause or some other disciplinary action.

  3. #3

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    My current employer is not the one asking for the test and I know for a fact that the only consequence for failing is that the new owner will not hire me. I will still have my current job until closing is finalized.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,357

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    There is no way for us to know how either the new owner or the NY UI office will characterize your termination if you are not hired because of failing a drug test. All you can do is apply and find out, if that happens.

  5. #5
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    If I fail the test, would I still be considered to be laid off from my current job, Nope. You will be considered to have tested positive for an illegal substance.

    Will I qualify for unemployment? The odds are not in your favor, particularly if your employer has a policy in place which prohibits being under the influence of an illegal substance in the workplace.

    And will my current employer know/have to disclose the reason for why I was not accepted by the new owners? Whether the new owners tell your current employer is entirely up to them however it's likely they will.

  6. #6
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    It sounds to me the simplest way to avoid all this hassle is to stop using the drugs.

    Every drug that I remember as a dysfunctional youth is out of your system in 2 - 4 days, expect marijuana of course.

    If it is marijuana my advise is STOP USING and start exercising to the point of collapse to try and get the THC out of your system faster since THC is fat soluble -- its still going to take around 20 or so days to get out of your system depending on use.

  7. #7

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    I already stopped, and detoxed, but they only gave us 6 days notice and I'm afraid its not enough. It was also accepted in my local store.

    " If I fail the test, would I still be considered to be laid off from my current job, Nope. You will be considered to have tested positive for an illegal substance."

    Obviously, but I don't yet work for the new company and was never their employee to begin with. My old company will no longer own the store so technically they are laying me off (i hope) i'm just hoping for a technical legal perspective on my situation and some options for courses I can take.

    Ideally I would like unemployment so I can go to school fulltime and get my degree

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,357

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    Um...it doesn't work that way. Unless you are in a state-sanctioned program for retraining (for which you have to apply BEFORE you register for school) in order to qualify for unemployment you have to be able to work, actively looking for work, and available to accept work if offered.

  9. #9
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    They cannot force you to take the test. Refuse. They will fire you for it maybe but this is not misconduct I don't think.

  10. #10

    Default Re: Job is Being Sold, Not Sure if I Will Qualify for New Owners Conditional Employme

    understood about the school thing, guess I'll just continue part time

    I just want to clarify that the only thing on the line with this test is the job OFFER from the new owners. Even if I fail, I will still retain my job until closing is finalized. I am simply hoping that it will be considered getting laid off, and since the offer was no longer on the table, I did not turn any job down.

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