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unlawfull drug test?

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Electronhaze

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

I was recently fired after 5 years from a company that had a drug testing policy. The policy stated after any vehicle accidents or customer damage claims were filed (I was a cable installer) a drug test was to be completed in a timely manner as part of the process, there is no provision for random testing. A customer claimed a tech had damaged his siding, which was not the case. I was senior tech on the job (2 total techs on the job) and although the customer had spoke to supervision, a damage claim was not started till over 30 days had passed. When the claim was started I was sent in for a drug test on 1/4/2010. I was unfortunately in a questionable situation during the new year and the test came back positive for thc. I was kept around working in the office for 2 more weeks , waiting for the results, before being let go. I requested a retest, with my own money, no options were given to me. Here is the only reason I look into this. I filed for unemployment, because there was such a long delay between the alleged damages and the drug testing (and no provisions for random testing in the drug and alcohol policy), the unemployment agent went in my favor, the employer did not appeal this decision either. Was my ex employer in the wrong on how they handled the situation? Does the unemployment office decision give me any legal leverage? Is this something worth looking into even if it's just to clear the smudge of my employment history?
 


Antigone*

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

I was recently fired after 5 years from a company that had a drug testing policy. The policy stated after any vehicle accidents or customer damage claims were filed (I was a cable installer) a drug test was to be completed in a timely manner as part of the process, there is no provision for random testing. A customer claimed a tech had damaged his siding, which was not the case. I was senior tech on the job (2 total techs on the job) and although the customer had spoke to supervision, a damage claim was not started till over 30 days had passed. When the claim was started I was sent in for a drug test on 1/4/2010. I was unfortunately in a questionable situation during the new year and the test came back positive for thc. I was kept around working in the office for 2 more weeks , waiting for the results, before being let go. I requested a retest, with my own money, no options were given to me. Here is the only reason I look into this. I filed for unemployment, because there was such a long delay between the alleged damages and the drug testing (and no provisions for random testing in the drug and alcohol policy), the unemployment agent went in my favor, the employer did not appeal this decision either. Was my ex employer in the wrong on how they handled the situation? Does the unemployment office decision give me any legal leverage? Is this something worth looking into even if it's just to clear the smudge of my employment history?
No, No, and No
 

cbg

I'm a Northern Girl
It depends on what you mean by, wrong. If you mean, could the employer have handled the situation better, yes, they could have. If you mean, did the employer violate any laws, no, they didn't.

Receiving unemployment benefits does not mean that your employer violated any laws, or even, to use your words, that they did anything wrong. So I agree with Antigone's "no" to your second question.

If by, look into this, you mean, attempt to take any legal recourse, then I also agree with her third "no". If that is not what you mean, please clarify.
 

Country Living

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

I was recently fired after 5 years from a company that had a drug testing policy. The policy stated after any vehicle accidents or customer damage claims were filed (I was a cable installer) a drug test was to be completed in a timely manner as part of the process, there is no provision for random testing. A customer claimed a tech had damaged his siding, which was not the case. I was senior tech on the job (2 total techs on the job) and although the customer had spoke to supervision, a damage claim was not started till over 30 days had passed. When the claim was started I was sent in for a drug test on 1/4/2010. I was unfortunately in a questionable situation during the new year and the test came back positive for THC. I was kept around working in the office for 2 more weeks , waiting for the results, before being let go. I requested a retest, with my own money, no options were given to me. Here is the only reason I look into this. I filed for unemployment, because there was such a long delay between the alleged damages and the drug testing (and no provisions for random testing in the drug and alcohol policy), the unemployment agent went in my favor, the employer did not appeal this decision either. Was my ex employer in the wrong on how they handled the situation? Does the unemployment office decision give me any legal leverage? Is this something worth looking into even if it's just to clear the smudge of my employment history?
You tested positive while working for a company with a drug-free policy. The only smudge on your employment history is the one you caused by not abiding by company rules. I suspect you laid off the weed during those two weeks and hoped a second test would show you were drug free. It doesn't work that way.

You got lucky with the unemployment. Now the trick is to find a company who doesn't mind an employee who uses drugs. That's wrong. The trick is to find a company whose insurer doesn't mind providing liability coverage to a company whose employees do drugs.
 

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