Employment Law

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If some one fails a drug test, can they still get benifets?

If some one fails...

If some one fails a drug test, can they still get benifets?

Lawyer's Assistant: Can you tell me what state this is in?

Mo

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, not at the moment

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Answered in 1 minute by:
11/13/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Do you mean unemployment benefits if the employee was terminated because of the positive test?

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Customer reply replied 9 months ago
sir, I have an employee that will be tested and if she fails than she will be terminated
Customer reply replied 9 months ago
I just wanted to know if she can get unemployment

Do you have a written employment policy regarding alcohol, drug use, testing, that states that a positive test result shall be deemed misconduct and may result in suspension or termination of employment?

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Customer reply replied 9 months ago
we do.

Thank you. In that instance, the employee can't get unemployment. By law it's considered "misconduct" and makes her ineligible. Here's the law: https://law.justia.com/codes/missouri/2005/t18/2880000045.html

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 9 months ago
also I have another employee that is always late, steals, leaves everyday, can he get unemployment

Yes, but make sure that you can document it. Tardiness is also grounds for misconduct, as well as stealing from employer.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 9 months ago
thank you

You're welcome, and again, good luck to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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