Terminated for failing a drug test.

hulawho

We recently terminated an employee for failing his drug test.  We do have a drug/alcohol abuse policy.  Yesterday I received an employment verification form from the income support division - we're in New Mexico.    They're asking for reason for termination.  Am I able to disclose that he was terminated for failing a drug test?   If not, what should I state as reason for termination?

 Thanks,

Donna

TXHRGuy

"Breach of Company policy"'

That will buy you some time.  Ultimately, if you want to avoid paying UI, you are going to have to meet the requirements of the state for disclosure.  Meaning drug test results that meet their standards for denying UI, subsequent to actually telling them that he failed his drug test.

 

SubGrapHR

Similar issue was had here.  When I responded to the UI claim (in TX), I responded with a letter stating the violation of the policy, included a copy of the policy, and the results of the random drug screening with all appropriate information needed to identify the claimant (note that we did balck out all personal information other than name).  Since the drug test results are considered property of the company as we were the initiating body, we reserved the right to disclose these findings to protect company insterests as stated in our durg policy.  Sent it off, they denied UI benefits within the week.