To find out all about Coronavirus-related unemployment benefits     
FileUnemployment

Drug Testing Regulation Checks Unemployment Insurance Benefits

Updated : August 4th, 2020

Since the 1960s, the federal laws have banned states from drug testing jobless people that apply for benefits. But after the recent legislation, Republicans now want all states to institute tests for benefits.

Currently, $1.6 million has been spent on drug testing jobless people that apply for unemployment benefits. Also, over $2 million was spent in the last two years alone. This money could have been spent to expand welfare benefits or drug treatment programs.

Drug Testing Regulation Checks Unemployment Insurance Benefits

You should know that employers are not legally required to test you for drugs. This is either at the time when you apply for a job or when you are working at the company. There are restrictions when or why employers can test you or if your boss has a reasonable suspicion.

This could be if they had a reasonable suspicion if there was a workplace incident. Also, if there were reliable witnesses of drug use or if you have agreed to be tested.

Testing Based on States

State testing

If you fail a drug test then the state decides whether you qualify for unemployment benefits. You would have to forgo your employment benefits if you do not pass a simple state-sponsored drug test.

In the State of Pennsylvania, if you fail or refuse a drug test then you will lose your benefits. State laws require you to get another job before you reapply. Wages are a minimum of six times greater than the weekly benefits. Unlike other states, you can regain benefits after a legally mandated waiting period.

In 2012, Congress passed a bill that enables states to drug-test any fired unemployment applicant. Mississippi passed a law to cut off benefits to those that fail drug tests.

If you are a resident of Connecticut, then your employer can test you if the safety of the job is important. For instance, if you are a forklift operator and if there is a reasonable suspicion that you are using drugs then there would be a test, a follow-up test and then you would be terminated. But, if you have a case then you can file a case in court or file a complaint with the state labor department.

Recent Ruling at Congress

Congress Ruling

The Trump Administration has been working hard to bring back and broaden the rule that was struck down last year in Congress which required drug testing for unemployment benefits.

With the Congressional Review Act (CRA), Republicans had repealed the Obama rule that limited the ability of states to drug test people that applied for unemployment pay.

While the Republicans felt that the 2016 rule was narrow and not far-sighted because it did not allow states to drug test people whose occupations needed it. This category referred to those employees that worked as airplane pilots, flight crews and air traffic controllers for commercial and public transit drivers and especially those that required carrying a firearm on their person.

While the Labor Department signaled its plans to issue broader rules, it will have to redefine the type of occupations that require a drug test. This would mean that there are a set of jobs that would have to ensure that one of the conditions of the requisites of the job involves drug testing.

The Labor Department warned that there would be a regulatory agenda where a semiannual roadmap for an administration’s rulemaking plans. After the repeal of 2016, states no longer have the authority to drug test unemployment compensation applicants.

Earlier, they could get suitable work based availability in occupations that conduct regular drug tests for unlawful use of controlled substances.

Regarding the issue of notice of proposed rulemaking, the Labour Department said, “It will identify the occupations that regularly conduct drug testing.” There are several liberal advocates are not happy with the prospect of a new rule that provides the administration’s move which could set an important precedent.

Here this allows you to issue regulations that provide action that is repealed under the CRA. Explaining this, George Wentworth, Senior Counsel of the National Employment Law Project explained that the 2016 rule focused on jobs that conduct random drug screenings and not those that test as a condition of pre-employment.

Currently, there are 13 states across the United States that have instituted specific regimes. So far, these experiences have proven expensive to administer year after year.

Despite this, the number of positive test results is extremely low. In 2016, out of nearly 250,000 applicants, there were only 369 that tested positive in four states and similarly zero tested positive for illegal drug use.

States that had positive results ranged from a low of 0.07 percent of all applicants to a high of 2.14 percent and rates far below the nearly 10 percent drug use rate which would fall under the general population.

All in all only three states have come forward and implemented drug tests across their jurisdictions. These states include Texas, Mississippi, and Wisconsin that have passed laws that allow employers and the state to allow drug testing for their unemployment insurance programs.

Drug Testing Policy – What You Need to Know

Drug Testing Policy

What are Drug Testing Policies?

There are several policies that start out by expressing the positive terms that are needed for safety at the workplace and adherence to the job and work quality. This includes improving safety and productivity and explaining violations, employee coverage, disciplinary measures, and rehabilitation.

Based on drug and alcohol policies, you should allow employees to have a written copy of these policies. Employers usually make signing these policies as a condition to be hired.

As part of the overall policy manual, all employees should sign separate forms for search and testing policies.

What if you refuse to sign the policy?

You cannot be fired if you refuse to sign an acknowledgment of the policy. But this should not be done until and unless you are warned. This should be done in writing or witnessed by others that refuse to sign.

An alternative approach that is used is by holding a mandatory staff meeting and employees are forced to sign an attendance register or face a disciplinary action for absence.

Though they might distribute the new drug-testing policy, discuss and distribute the policy in front of witnesses. You can choose to refuse to sign on the acknowledgment form. The only issue is that your employer can use this to their advantage and ensure that you are aware of the policy.

How is discipline or rehabilitation conducted?

Most companies notify employees that testing positive for drugs or alcohol will result in immediate termination. Some companies allow a chance for rehabilitation and a return to work under probationary conditions. But this type of second chance is not required under Texas or federal law.

A worker is allowed to return to work after a positive test result. This is generally under a “last chance” agreement. This provides for monthly random tests, a year’s probation, and immediate termination for any subsequent positive test result.

How Are Searches Done?

While some companies have incorporated these searches in their policies and part of the drug testing policies, there are several provisions that you should review and you should understand the sample drug-testing policy. This is based on the type of search and how the test is administered.

What are the Pre-employment Drug Testing?

Pre-employment drug testing is done by a few employers for some applicants. This is not regarded by the ADA as a medical examination.

This can be done at any point of the selection process and due to cost issues. Companies would restrict testing to final candidates only. On the issue of who pays for the test, most companies assume the burden. But, there is no specific law in Texas or Federal Law.

A Pre-employment drug test would discourage minority applicants. These are works that effectively result in less than minimum wages for an employee’s first paycheck.

It would be best to let doubtful cases be reviewed by employment law counsel prior to such testing. These tests would have to be kept confidential and all medical records should be maintained under the ADA.

Applying For Unemployment Claims

If you are filing your unemployment claims then you should know how to apply in your respective state by selecting your state from the Benefits by State option. Once you select your state, you can determine how to connect with Unemployment Office.

You will then have to learn how to submit your claim and understand your eligibility and what you stand to gain with the Benefits Calculator.

You can also connect with the File Unemployment Community and get your questions answered in this forum. Make the most of your unemployment claims and connect with your Unemployment to help you find your next job!

Related Tags : , , , ,

Did you find this article helpful?   YES | NO   image

  1. I had trouble getting my proof of self-employment to upload in secure file exchange and finally got it submitted by 12:06 am , 6 minutes late. What are the possibilities that they will deny it? I have received unemployment from March 2020 to some of Jan and some in Feb 2021. Most of Dec, Jan, Feb, March, & april were stopped for this proof of employment.
    Also, I see proof of Income as a 2nd issue but it is always on there. That was not on my TO DO list.
    I feel for u all on ID.ME…

    Anyone trying to reach UI, call their number, press 2 or 3 (questions abt filing a claim?) and then wait thru the message. At the end of it, u will be connected to a live person! I promise.. don’t push another button.. I’ve done it 4 times and it never failed.

    We lost our home, my ex took my child…. (kept her after a visit and called cps facilitating drama while the cops wouldn’t give her back without paperwork locked up in the court house..shut down for covid) I raised her by myself for 12 years & now she is with a violent alcoholic and parental alienating parent .. ….my dog, my 9-year sweet little best friend, was attacked, passing away 3 days later.. all in this time frame.
    But! It will all be ok. I have faith.

    Be grateful for your life and all that is in it today. What u dwell on daily will be your strength or weakness.
    Good luck to all of u.
    And thank you, Jeff, for responding out here. It is appreciated!
    Davulia S.

  2. I filed over two months ago. I have not received any information. My status says “pending resolution”. I have no way of contacting anyone. My position was eliminated at my job and I submitted the documentations online. I dont know what else I can do.

  3. I have been apply Ohio Pua unemployment since July 5th still pending issues. Upload what they ask for when ever I call says your case is in Adjudication. Very very frustrated, financially I am broke. Health issues. Waiting a long period.Don’t know what I will do ?

    1. Nafisa,

      I can understand your situation. There will be a delay considering the number of applications that are being processed. Please continue chasing the office/check your status online at regular intervals until payments normalize.

    2. Same here since Feb 2021 turned in all the documents still pending issues 3 months now. When you call they tell you to be patient. Pulling my hair out it’s so frustrating.

  4. I was receiving PUA unemployment. they made me file for a new claim in February. Now I am in adjudication even though I gave all the same information from my previous claim. Have been adjudication since February and I call and they say they will put in a ticket to have an Adjudicator call me. Nothing. I am wondering If I can go down to to Maryland Unemployment Office and demand that someone talk with me to release my claim for payment. It’s been 56 days. I read that they have a maximum of 45 days.

    1. Luis,

      Your adjudicator may be inundated with pending cases. Please continue to follow up (if you have the contact details) or consider the option of visiting an office in the vicinity if safe and feasible.

    2. t sounds just like mine only im disqualified yet actie every till sept 4th . they haven’t asked me for anything! i file then its disqualified yet im told im ok and have nothing to do bit wait for an answer? answer to what? they switched my program and all and asked me to provide proof for a claim that wa denied al eady back in 2018! deny me once and then again perhaps? lol idk

  5. My mom had unemployment in Florida. She just recently moved temporally to California with a sister since she needs assistance, and now the website is telling her she cannot do anything because she is register in another state. Can she keep filing unemployment in Florida, even if she is living and register now in another state? how is the process to change the unemployment? I tried calling and there is no answer. Thank you!

    1. Stephanie,

      Please ask your mother to consider transferring the UI benefits from FL to CA (details will be available on either of the websites). If there are benefits weeks left in the account, she will be able to claim them.

    1. Leatha,

      UI benefits are offered to claimants who lose employment involuntarily and be able to and available for work.

  6. I lived in ga in 2019 and move to florida in 2020 and work for the xmas months in nov-dec. I was told to do a combine wage claim. my question is which state do i file the claim in?

  7. I filed for pua in Ohio back in October 2020.My claim has been in ajudacatuon since 11/1/20.So 2 to 6 weeks is a total understatement! When I call.i am told to basically hurry up and wait some more.I have recently been redetermined and my claim is allowed.but I have one pending issue.How long is too long?

    1. Nicole,

      Unfortunately, nobody has an answer. There are perhaps thousands of pending applications. Please consider the option of visiting an office in the vicinity if safe and feasible.

  8. If you claim your weeks for unemployment and for the next 2 months you still have not received your money. Where can you go in volusia county to talk with a live person

      1. HI Jeff,
        I applied back in Dec 5th, 2020 and I haven’t received any correspondence, is there a local office that I can make an appt to make certain my claim is right.

        1. Adam,

          You can consider visiting an office in the vicinity if safe and feasible (details will be available on the Unemployment Office’s website).

  9. On NYS DOL website, my claim is saying current yet the information is for my old claim with 0 days remaining despite receiving 2 weeks of payments on the new claim and I was able to certify last night. I haven’t received anything; no letters or emails.

  10. I was disqualified for UI benefits for not providing an ID and other forms of identification. How do I fix this?

        1. Gary,

          You may not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

    1. Hi Mike, I’m in NYS and was at the end of my BYE on 3/14, I was still certifying but wasn’t getting paid. I found out I had to file a new claim because my other was exhausted. I’m still waiting on approval. Maybe you have to file a new claim. I hope this helps.

  11. They say 2-6 weeks it’s more accurate to say 2-6 months; and when you call many of them are rude and unwilling to assist!

  12. someone needs to look into Sharon L. Anton gillette, wyo. or dickinson, nd she is a fraud and has done so many fraudulent things and please look into her

    1. Annette,

      Please report it to the Fraud Division of the Unemployment Office in your state. You can report on the website.

  13. I worked part time for thee years here in florida. I’m currently not working. I’m also retired and collects social security.
    My question is
    Am I qualified to file for unemployment ?

    1. Ruby,

      To be eligible, you’re required to have sufficient hours and earnings. Please use the “Benefits Calculator” available on this website.

  14. So adjudication takes 8 to 12 weeks. Oh okay, that explains why I havent received payment since July. That surely helps just like the rest of the information that you give. And by the way. What’s the NEW reason you can’t get through to the Call Center.

    1. Maria,
      I have gotten through to the call center (live agent) every time i’ve tried calling within the last 2 weeks. The number to a live agent (follow the prompts carefully) is (667)-207-6520. i have gotten through within 10 to 15 mins with each call i had made!

Leave a Reply

Your email address will not be published. Required fields are marked *

Please answer a simple Math question: *

https://fileunemployment.org