Fired for missing test!!

[cathybelt]

What is the name of your state? Ohio

What can I do if I am fired for a positive drug test that doesn't exist? I argued with a lab over pos. test and insisted it was wrong. I was fred and filed for unemployment and they found in my favor because the employer gave no results of test. They ere now appealing my unemployment under another reason completely.The unemployment bureau said for some reason they will not provide the results.Please help.

 

[Ohiogal]

if you didn't have a contract, then you were an at-will employee and could have been fired for any reason. If you have a contract then the contract can determine.
When you say missing test -- did you show up and take it or did you MISS taking the test?

 

[Beth3]

The unemployment bureau said for some reason they will not provide the results. The results of what? I lost you.

 

[Gadfly]

I too am very confused. Your title says you missed the test, but then you say you questioned the results of the test you missed. How'd you do that?

 

[fairisfair]

I think it is the test that is missing. Not the person missing the test.

 

[HappyHusband]

No, they said the lab said that they missed the question on the test, but they say they are mistaken, that they didn't miss the question, and now they won't release their results for their test.

 

[cathybelt]

What is the name of your state? Ohio
I was in a treatment center for alcohol in Jan. I went on my own accord. Within 3 weeks of returning to work I was put on a last chance work agreement for the smell of alcohol on my person. No drug test was done at that time. I was put on administrative leave for about 4 weeks. When I returned to work I had to submit to random drug tests. I was put on a last chance work agreement and told if I had a pos. drug test I would be terminated. I took many and all were negativeexcept for the next to the last one. I took a drug test on a Mon. and Wed. of the same week. The test on Wed. was neg. and Mondays test was positive and I was terminated. When the employer was asked to provide proof of said pos. drug test they said it did not matter and would not allow me to see it. I do not know if Mondays test result was actually neg., lost or if the lab had made a mistake. I took both tests as asked but they told the unemployment bureau they fired me for a pos. drug test and will not provide the positive drug test results. I had never got in any trouble at work until after I came back to work after being in a treatment center. Then within two months I am out of a job.

 

[ecmst12]

Ok, had you actually DONE any drugs??

Also, don't double post.

 

[moburkes]

Ok, had you actually DONE any drugs??

Also, don't double post.

Exactly!

So are you asking if they can deny unemployment for the positive test results? Are you asking if they are allowed to fire you for a positive test result?

You haven't asked a legal question, but it appears that you were let go for that positive test. Did you drink alcohol?

 

[cathybelt]

missing test

I am asking if they can they fire me for being an alcoholic and lie and say that I tested positive on a drug test when I had not. I know discrimination, slander and fraud are not legal in this state. If someone cannot respond to my issue w/o sarcasm then feel free not to respond!

 

[ecmst12]

Yes, they can fire you for being an alcoholic and failing a test. If alcoholism is considered a disability under the ADA, then you may have some protection, but come on. You know if you failed the test legitimately or not, whether or not you've actually seen the results. Just because they haven't shown them to you doesn't mean they don't have the proof or that they're lying. If you don't want to tell US whether you drank before the test or not, that's fine, it's none of our business really, but don't lie to yourself. I haven't heard you say that you did NOT drink either. If you really have a problem, stop worrying about discrimination or wrongful termination and use the time you have to get some help.

 

[cathybelt]

missing test

I did not drink and did no drugs !!!There is no way my test was positive.The unemployment bureau found in my favor and my employer has to pay me unemployment benefits.The bureau found in my favor because the employer showed no proof of a positive drug test which they said(to myself and the unemployment bureau) was the reason for my termination. If they had a positive test result why would they not provide that to the unemployment bureau so they would not have to pay me possibly thousands of dollars in unemployment. It makes no since on their part.You should not be able to fire someone because they are alcoholic and may drink again someday and tarnish their reputation by saying they in fact failed a drug test when they did not. In my field of work this kind of accusation and reason for termination will follow you and could cause one to lose their license. I do not want to work there anymore I was just hoping that I would be able to get some kind of justice for something I did not do. This could make it very difficult for me to get another job in my field .

 

[moburkes]

The state of OH is at at will state. What this means is that they can fire you because your nail polish is orange, or because your boss is having a bad day. Now, that is separate from unemployment. Although the legally fired you, you MAY still qualify for unemployment. Having said that, only certain types of discrimination are illegal.

Cathy, you are misunderstood when you state that discrimination is illegal. It absolutely is not. Certain types of discrimination are illegal, but discriminating because you are an alcoholic or because you wear green shoes isn't. However, you are free to do a search under this forum for OH, and see the responses.

 

[ecmst12]

Well I'm glad you didn't drink, and Im glad you were granted unemployment. That is your vindication though, unfortunately there is no recourse against them for firing you. Sounds like you're better off elsewhere anyway.

 

[moburkes]

And by the way, no one was being sarcastic. You typed a post that was absolutely positively confusing. If you can't tell by the repsonses, we ALL got it wrong what you were attempting to say. It wasn't until you expalined better, with details, that it made any sense. Also, you had been asked if you failed the test, but didn't respond until now.

Calm done. People don't want to help you when you're not nice, and can't help you if they don't understand.