terminated from job

[carona76]

What is the name of your state (only U.S. law)? az
When there is a company policy hand book, does the company have to abide by it as well.
I was reared while driving the company car a couple of times, actually 3 times. In there company policy book it says it is mandotory to be drug tested and that you are not allowed to return to work till the results come back. The first time I was sent in and did not return back to work till they got the result. The second time they didn't even care I was not tested at all. The thrid time I actually worked for 5 days till they called me into the office and said my test came back positive. I was shocked by this, so I was given the benifit of the doubt by the vice president and she said to go and take another test and if it came back negative I would be back out on the road. Now they pull me off the road till this test comes back and it comes back negative. Do I get my job back, NO. In fact they want me to enroll in drug -rehab at my own expensive, I did go for 4 days but the more I thought about it, the more I thought If I do this thats like admitting I did drugs, so I quit, which I lost my job and I also couldn't get unemployment. So thats why Im asking this question.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[commentator]

The company can fire you if they want to. They do not necessarily have to follow their own policies to do so. It sounds as if they gave you the benefit of the doubt, not following their own policies to the letter, and then when they let you go, not following their own policies, you're saying it was NOT all right and they have no right to fire you. This isn't the case.

Have you already filed your claim for unemployment and been denied? If not, I think you should go on and do so. It sounds to me like it would be worth a shot, though the situation of entering drug rehab at your own expense is a little strange.

In other words, you're fired, but we will give you your job back if you enter and complete this drug rehab program? Or you are on leave of absence, but we will hold your job until you complete the drug rehab at your own expense? I don't understand. If this was the case, you didn't as much quit the job as were given an ultimatum to do something...unpaid time off, I think...to be put back to work?

 

[carona76]

I already filed for unemployment but was denied. I was put on a leave of absence with no pay and also was to pay for my own drug-rehab and I had no insurance

 

[commentator]

Have you appealed? You have the right to appeal and have a hearing, you know.

What was the reason they gave for denying your unemployment? How could you get into a drug rehab program if you completely were not using and had never used drugs? Why would you agree to? How could the company reasonably ask you to?

 

[jsmith416]

The OP doesn't actually deny using drugs, just that he/she was surprised by the positive test result and doesn't want the stigma associated with going to treatment. I think OP's surprise was that the drugs were still detectable at the time they were "reared".

If you adamantly deny using drugs you can't get into rehab even for a day. They won't take somebody who flatly refuses to acknowledge they use.

 

[Zigner]

And a person who does NOT use drugs would NEVER agree to enter rehab in the first place!

 

[carona76]

You know I never did try to appeal it, the reason unemployment gave me was cause I failed a test, so thats why. And I wasn't on drugs at the time of the accident, this aisn't the first time a test came back positive then negative. Ive been in 3 accidents at this job none at my fault,first time company did there own test and it came back positive then they sent me over to a place called Conterea were that test came back negative. Plus I wonder why all the test I was given every result came back in one day except for the last one it took 5 days to get back. I appercaite everyones input on this. thanks

 

[Antigone*]

You know I never did try to appeal it, the reason unemployment gave me was cause I failed a test, so thats why. And I wasn't on drugs at the time of the accident, this aisn't the first time a test came back positive then negative. Ive been in 3 accidents at this job none at my fault,first time company did there own test and it came back positive then they sent me over to a place called Conterea were that test came back negative. Plus I wonder why all the test I was given every result came back in one day except for the last one it took 5 days to get back. I appercaite everyones input on this. thanks

Three car accidents alone, absent the use of drugs would be enough for me to say that you are way too big a liability. You might want to look for a job that does not require you to be behind the wheel.

 

[jsmith416]

Or cut back on the illegal drug use.

 

[carona76]

you know i came on here looking for some answers not for some rude comments. if anybody knew had to read none of the accidents were my fault and I wasn't doing any drugs

 

[Zigner]

you know i came on here looking for some answers not for some rude comments. if anybody knew had to read none of the accidents were my fault and I wasn't doing any drugs

And if YOU knew how to read, you'd know that neither of your points matter.

 

[cbg]

You can legally be fired because the employer doesn't like your shoes. Three car accidents, regardless of whether or not it was your fault, is still a valid reason to term you. Leaving the question of drug use out altogether.

 

[jsmith416]

Either you were A) doing drugs and got caught or B) the test was faulty and gave a false positive. (which can happen). But if it's B then you went to rehab on your own nickel and lied that you did do drugs when you really don't, which I guess is possible but not very believable. As I stated earlier, treatment places won't accept a person who denies using so one way or the other you told them you used.

Why didn't you appeal your unemployment denial based upon the second test coming back negative?

Come to think of it what is your question again? Are you looking to sue your former employer for firing you because you got in an accident and failed a drug test?

 

[carona76]

Im not looking to sue anybody my question was does a company have to abide by there company polices. Cause it says in there company policy when a driver gets into a accident its mandority to be tested and they cannot return back to work till the reults come back. When the second accident happend I was never tested and when the thrid accident happend I worked for 5 days until they got the result back.

 

[Shadowbunny]

You know I never did try to appeal it, the reason unemployment gave me was cause I failed a test, so thats why. And I wasn't on drugs at the time of the accident,

So you do drugs, but claim you weren't doing them "at the time"?

.. my question was does a company have to abide by there company polices. ...QUOTE]

The company can fire you if they want to. They do not necessarily have to follow their own policies to do so.?

See Commentator's post.