How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

We got surprise drug tested at work. 2 of us got" off"(until

Customer Question

We got surprise drug tested at work. 2 of us got "laid off"(until we could test clean)(per our boss) because we came up positive for THC. In the state of Wyoming, can we collect unemployment if he does not bring us back. Also, can we collect for the past 2 weeks?
JA: Was the termination for alleged misconduct? Are you able and willing to start working immediately, and actively looking for work?
Customer: No misconduct. We both are activly looking for work....submitted many applications and our resumes. 1 of us even has a phone interview tomorrow morning.
JA: Is the employment "at will," union, full time, or part time?
Customer: What does "at will" mean? Employment was full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No union involved.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Eligibility for benefits will hinge on whether the unemployment office determines this to be a termination for "misconduct." Generally, a positive drug test will constitute misconduct if the employee should have reasonably known that a positive drug test would result in termination, or if the employer has a policy against the use of drugs. This holds true even if the employee was not under the influence of drugs on the job.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....