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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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Can i get unemployment if i was fired a drug test. Also how

Customer Question

Can i get unemployment if i was fired for failing a drug test. Also how do i prove favoritism by supervisors and upper management. Several of my co workers had failed repeated drug test but kept there jobs and i failed one ... i had never had a write up or any verbal warning i had taking a few things to human resources but nothibg was ever done with the people i took up there i was told they would take care of it but nothing then i had a co workers family member threaten me to have me fired so i took her to human resources and nothing was done but i got told that she was a great worker and they didn't believe it but i had text messages to prove it
JA: Because employment law varies from place to place, can you tell me what state this is in? Have you consulted a lawyer yet?
Customer: North Carolina and No i dont know if i have any grounds to
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: They are trying to rehire some of the old workers that quit after failing drug test back. Even having me to contact the ones i stayed in touch with after they had quit
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, you are in a predicament. There are no laws against favoritism by an employer, unless that favoritism is based on your race, gender, age, etc. In that case it isn't a favoritism issue it is a discrimination issue and you usually prove it by witness testimony and, occasionally, by the records of the employer which would show a difference between the disciplinary and termination records of the group to which you belong.

As to the drug test issue, it depends a large degree on the unemployment worker the claim gets sent to but usually unemployment consider a failed drug test a termination "for cause" and therefore it disqualifies you from unemployment benefits.

Expert:  Dwayne B. replied 4 months ago.

Please ask any follow up questions in this thread.

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