Failed drug test and still being eligible for unemployment

[jack818]

If the person was fired for having marijuana in their system but the company does not want to fight the unemployment claim and is not going to speak to the EDD, can one still be eligible? The company was forced to test an entire department of 30 people because one person was suspected of dealing drugs and a couple other people were suspected of drinking on the clock but the person fired was not one of the people under investigation so that is why they do not want to fight the claim. What should the person tell the EDD in this case? Would the EDD still deny the person even though the company won't?

 

[army judge]

Don't ask, don't tell.
If you're saying you tested positive, before admitting to illegal drug usage/abuse, you might want to speak with a criminal defense attorney.

If you were my client, I'd advise you NOT to admit to anything!