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?
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?