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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Refuse Drug Test

    My question involves unemployment benefits for the state of: Michigan

    I filed for unemployment even though the employer said he would fight it. Basically they layed me off and after the fact they asked me to take a drug test. My response was... ok will this preserve my job and the response i got was vague to the extent that i was like. So you intend to invade my privacy
    for no good reason. No thanks I pass. I refused the test. In hindsight i should have just taken it but I was put off. So when they eventually refuse my UI is there any point in appealing the decision? Can an attorney help in this matter?

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Refuse Drug Test

    You can always appeal the decision but with you failing to submit to a drug test that would be misconduct and therefore you would still be denied benefits.

    Of course an attorney is always recommended when you don't know the law or feel you have been treated unfairly. They can point you in the right direction or they can inform you what happened was legal.

  3. #3
    Join Date
    Mar 2009
    Posts
    20

    Default Re: Refuse Drug Test

    This is pretty interesting actually. Did they have cause to test you? In other words, did you have an accident on company property/time? Did you have excessive absences or lateness? Did they also ask other employees to take the test at the same time? I'm no expert on Michigan law, but if you and you alone were asked to take this test for no apparent reason, you might well have a good case.

    Another thing, did you recieve written notice of the layoff beforehand? That would probably help your case as well.

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Refuse Drug Test

    Refusal to be subjected to a controlled substance testing administered in a non-discriminatory manner, as may be required by the employer as per set policy or procedure, is a basis for denial of unemployment benefits upon being discharged from employment. Likewise, getting discharged for testing positive for the use of illegal drugs or alcohol intoxication while at work are grounds for denial of unemployment benefits.

  5. #5
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Refuse Drug Test

    Quote Quoting wrex
    View Post
    My question involves unemployment benefits for the state of: Michigan

    I filed for unemployment even though the employer said he would fight it. Basically they layed me off and after the fact they asked me to take a drug test. My response was... ok will this preserve my job and the response i got was vague to the extent that i was like. So you intend to invade my privacy
    for no good reason. No thanks I pass. I refused the test. In hindsight i should have just taken it but I was put off. So when they eventually refuse my UI is there any point in appealing the decision? Can an attorney help in this matter?
    There seems to be confusion here, and I hope to clear it up.

    At the time you were asked to submit to a UI were you in the employ of those asking? Or had you already been laid off?

  6. #6
    Join Date
    Mar 2009
    Posts
    20

    Default Re: Refuse Drug Test

    Quote Quoting DonnyC
    View Post
    Refusal to be subjected to a controlled substance testing administered in a non-discriminatory manner, as may be required by the employer as per set policy or procedure, is a basis for denial of unemployment benefits upon being discharged from employment. Likewise, getting discharged for testing positive for the use of illegal drugs or alcohol intoxication while at work are grounds for denial of unemployment benefits.
    That is exactly what I was questioning.

  7. #7
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Refuse Drug Test

    I can't edit my question, so here it is anew (with corrections!): I meant to ask if you were in their employ at the time they asked for a UA (urinalysis) not a UI.

    Sorry for the confusion.

  8. #8
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Refuse Drug Test

    The stance the company is probably taking is that they were still an employee at that time which is why they were asked to take a drug test. And therefore as the unemployment law states was ultimatly denied benefits. If you appeal I would therefore bring up the questions that Ashman is asking.

    If your questions are about appealing for unemployment than here is the michigan site to help you Here

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