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  1. #1
    Join Date
    Aug 2019
    Posts
    1

    Default Denied Unemployment Failed Hair Follicle Test

    My question involves labor and employment law for the state of: kansas

    After an accident at work, a hair follicle drug test was performed, with positive results, and subsequently fired. I have a spotless work safety history, no absenteeism, positive reviews over the past 9 years. And I was deemed, not entitled to receive unemployment benefits. Ks statute States that for a drug test to be conclusive evidence of impairment I levels are above stated levels. Which mine are, but it also states that the test "chemical test" shall include, but is not limited to, tests of urine, blood or saliva; .
    Being that they only have hair test, but no blood, urine, saliva. should my appeal have a chance?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,143

    Default Re: Denied Unemployment Failed Hair Follicle Test

    with positive results
    Positive for what?

    Being that they only have hair test, but no blood, urine, saliva. should my appeal have a chance?
    Have no clue without reading the statute that you referred to.

    Post the statute number.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,412

    Default Re: Denied Unemployment Failed Hair Follicle Test

    Quote Quoting Mitphish
    View Post
    My question involves labor and employment law for the state of: kansas

    Being that they only have hair test, but no blood, urine, saliva. should my appeal have a chance?
    Ok, in Kansas a private employer is free to terminate you for most any reason other than because of illegal discrimination and few other limited things. The employer certainly may terminate you for failing a test for illegal drugs. As I understand your question, though, you are asking about the appeal of your denial for unemployment benefits. Under Kansas statute section 44-706, a positive chemical test for a non prescribed controlled substance (basically illegal drugs) is deemed gross misconduct and makes you ineligible for benefits. The statute says that a chemical test "shall include, but is not limited to, tests of urine, blood or saliva." Because of the phrase "but not limited to" it allows for other kinds tests. So if a test of the hair would provide a scientifically valid result for presence of the drug in your system it should qualify as a chemical test. However, there are other conditions on the testing that must be met for the test to be valid for purposes of denying you unemployment benefits. You might want to discuss it with a lawyer in your state who handles unemployment compensation issues for employees to see if in your case there is any way to exclude the test. Because if you can't exclude the test you won't be getting benefits.

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