Failed a Drug Test and Denied Unemployment Benefits in North Carolina? Here’s What You Need to Know

If you were fired for failing a drug test and denied unemployment benefits by the North Carolina Division of Employment Security (DES), don’t assume you’re out of options. At Atwater Law PLLC, we help workers across the state appeal unjust denials and fight back against employer claims of misconduct.

Can You Be Disqualified for Failing a Drug Test?

Yes, but only if the employer follows the law exactly. In North Carolina, a failed drug test can lead to disqualification only if the employer:

Has a written drug-free workplace policy,
Provides you with a copy of the policy, and
Follows proper testing and confirmation procedures under state and federal guidelines.

If any of these steps were skipped, you may still qualify for unemployment benefits.

Additionally, you may not be disqualified if:

The drug test was conducted improperly
You were taking a prescribed medication
The results were not confirmed by a certified lab
You were not given a chance to explain or contest the results

Many workers are unfairly disqualified due to drug test results that wouldn’t hold up under scrutiny. That’s where an experienced unemployment attorney comes in.

How an Unemployment Appeal Hearing Works

If you were denied benefits, you have the right to request an unemployment appeal hearing. At this hearing, your employer must prove that the drug test was valid, properly conducted, and that you knowingly violated policy.

You’ll have the opportunity to:

Request a copy of the test and lab confirmation
Challenge the reliability of the results
Explain the context of any medications used
Argue that the discharge does not meet the legal standard of misconduct

At Atwater Law PLLC, we know how to handle drug-test related appeals and force employers to meet their burden of proof.

Why Choose Atwater Law PLLC?

✅ We represent claimants across North Carolina
✅ No fee unless you win
✅ Personalized strategy for your hearing
✅ Experience with drug-test disqualifications and appeals