I wanted to provide some more info on my situation and get any more opinions that are out there. I stopped by to get a copy of the file of evidence against me.
As stated previously, my employer has stated that I was terminated (and denied benefits) for willful misconduct, failing a drug test. Again, I have never seen the test results.
There are multiple UC-45s that were submitted by the employer. The fitst states in Part C #3 that employee was fired for failing a drug test. The second UC-45 states in Part C #3 that the employee refused to submit to a drug test (this is not true, I submitted).
UC-1953E states in #6 "the claimant refused to submit to a drug test". and in #8 "test not given" (again, not true, I supplied a specimen).
Next is the written testimony of the employer, stating that in fact HR received a drug results test indicating a positive result. There are no results or medical records included which show a drug test was actually administered and what the results actually were.
Final paper in the file was an amendment sent stating "We wish to offer the following corrected information. The employer does now wish to contest benefits for this individual. Please proceed with your determination using the information provided as the employer will not be providing any further statements or information".
So, here's my question. This whole situation is based on a failed drug test. The record shows inconsistent statements from the employer (listing reason for termination as a failed test, yet testifying that I refused to take the test). I have never seen any official records showing I failed. There is no record in the file. Wouldn't that test result (some evidence of the actual result) decide this clearly? What if the result was negative?