• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

accusation of alcohol on breath

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JLT37

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

I am a security officer for a security company and i showed up to work at 6am.my site supervisor showed up at 7am and we were talking for a while we talked about how what we did the night before. i had told him that i just spent the night at home and drank a 32oz beer at 7pm. a few minutes later he asked me if i had been drinking before i came to work and i said no because he claimed that he could smell alcohol on my breath. He informed the client contact and he came to speak to me he requested that i be sent home and to have the matter investigated. i was not allowed to leave on my own my branch manager was called out and he drove me home. i demanded a drug and alcohol test and was refused. i made several calls to my HR dept. but no phone calles were returned. i ws informed by my branch manager that i was being removed from my site for having alcohol on my breath. after i was told this i again called my HR dept. and i was told that the matter was still being investigated and that until it was complete she could not talk to me. What should i do
 


justalayman

Senior Member
What should i do
well, it's too late now but the only thing you could have done to defend this claim would have been to have a BAC test, at your own cost if necessary, to refute the claim.

Understand that your employer, barring a contract stating otherwise, does not have to have a reason to terminate your employment.

You should also realize that alcohol does remain on a persons breath for a considerable amount of time, much longer than the actual effects one would feel from the ingestion.
 

swalsh411

Senior Member
There is nothing you can do except hope your employer is reasonable and realizes that a few beers at 7 PM the night before will have worn off long before 6 AM.

File for unemployment immediately and start looking for a new job.

Oh and next time brush your teeth!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top