Unemployment Appeal about a drug screen?
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Unemployment Appeal about a drug screen?
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I was going through a probationary period with a temporary agency. The assignment was for one year. At the end of the one year I was to be hired back on with the company full-time. The day before my UA I signed a consent form for the UA. That night I took an at-home test and the results were questionable. they say that if there is even a faint line, that you are supposed to treat it as a negative result, but i was concerned about the clinical test. so,I talked with the company's Production Manager who administered the UA consent form stating that I didnt think I would pass the UA.
MY Statement from the temp agency:
...Katie said that (the Production Manager) told her that she was to have the drug screening on the 7th and that she had "prepared for that" but when she was asked to take the test, they had used an at home kit and didn't pass, so they went in and told (production mgr) that she wouldn't pass the UA. the Production Mgr said she "might as well forget it then and leave and not plan to return to work unless called" Katie said that she had been talking to the President and the Vice President about the situation and about returning. I reminded her that (temp agency) also has drug and alcohol policies and that most of our clients do as well, and that, given Katie's admission of inability to pass a drug test, we would no longer work with her.
So, that's my statement i gave to the temp agency. They discharged me and I filed for unemployment. The unemployment determination was ruled in my favor and I was able to collect unemployment benefits. But now, the temp agency is appealing my case stating that I DENIED a drug screen. it shows in my history transactions from the temp agency BEFORE I gave them any statement this: "INACT Katie was all set to be hired on (to the company) but declined to drug test. told them she didn't think she would pass"
I don't understand!! In no way did I decline a drug test. I went to the Production manager with a concern about my test. She canceled the test right away and told us not to come back until she called. I never even told the Production Mgr what the whole concern was about.
My hearing is on the 10th of march. I went to the company today to get the UA consent form but they said they needed to get if from another site.
Will having the consent form help me at all?
the only basis they have of denying my unemployment is that I refused to take the UA. how can i prove that i never denied taking the test?
Additional Details
I also have a witness to the conversation I had with the Production Mgr...I'm sure thats a good for proving that I never denied a test, but will the unemployment judge really take just 'our words' under higher consideration over my appealing employer?
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jamie h
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Unfortunately, it is your word against theirs. However in a lot of cases, the Unemployment board will side with the person filing. Just tell your side of the story exactly as you have here. I hope it all works out for you. |
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Woody Woodburn
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Tell your story as you said it happened! While speaking talk clear, calm and in sentences, carefully explaining exactly what was said and how it all was to the best of your memory. Do not get upset, show any anger, just wait your turn to speak and correct what was said that you feel is incorrect. While listening to others talk, write down things said, you know to be untrue, so you can refresh yourself when answering any questions asked by your representative should you have one with you! The judge will know by your demeanor (actions) if you appear to be a reasonable person or a fly-off the handle nut job. Those that remain cool, calm and collected will be given the unemployment when it is the companies word against a person. The person gets the benefit of the doubt! Good Luck, remain cool and do not be afraid to explain yourself in answers as to why you did or did not do something and say, if I did anything wrong I did not realize it , nor did I ever intend to do anything but the right thing! This is the type of person I am and my parents always told me to do the right thing and you will never go wrong! In this case, I did exactly that and do not understand what has happened and why this company is trying to deny me my unemployments benefits for doing everything I was told to do! I feel like I am being unfairly punished for some reason, but do not know what that could be when I did nothing wrong for my benefits to be denied! |
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