Q: Terminated for alleged drug use during breaks, no drug test conducted. Seeking advice on legal actions and impact on unemployment benefits.

A: Hello. Let me understand: you're concerned that you smoked weed on your lunch break and you got fired? It's a terminable offense at most organizations. Did the company have any policies that allowed you to smoke weed that might impair you while you were working (e.g.: return from lunch)? If the employer reports this as gross misconduct, it's unlikely EDD will pay Unemployment. If they report it as a policy violation, EDD may pay (or may not). EDD makes the final decision based on what the employer tells them and what you tell them. Good luck.

A: I'm really sorry you’re going through this. Being fired without a drug test and lumped in with others based on allegations—especially when you were honest and had no prior warnings—can feel like a betrayal, especially after you tried to cooperate in good faith. The fact that there were no formal policies or previous discipline makes this even harder to accept.

As for legal action, you might explore whether your termination violated any company policy or state protections, especially if marijuana use is legal in your state and you weren’t impaired while working. If the company did not have a clear policy prohibiting off-duty use and did not test to prove impairment, you may have a basis to challenge their decision. Document everything: your termination letter, company policies, and anything you said or were asked during questioning. If other employees were also terminated under similar conditions, that could strengthen your argument and show inconsistent or unfair application of rules.

Regarding unemployment benefits, being honest and showing that your use did not violate a written company policy or affect your job performance may help your case. EDD typically considers whether the termination was due to misconduct that was intentional and harmful to the employer. Since there was no drug test or warning, and you were using marijuana legally on your personal time, you should still apply and include a clear explanation in your claim. You’ve already shown integrity—now stand up for your right to be treated fairly.