Wrongful termination of a 20+yr employee

[nurseypal]

New Mexico

This has been an extremely difficult time for me this past week. I tested positive for cannibus on my piss test. Unfortunately, while vacationing out of town this past June, my husband and I went to a party at a friends house and some pot was being smoked. Not wanting to partake in any of this or any second-hand effects it might have on me (especially knowing that I was to be tested soon), we went to the kitchen to get away from it all and grabbed some drinks and some snacks that were around on the counter. I felt "weird" and dizzy after ingesting a couple of snacks but attributed it to the alcoholic drinks we had. Well, after calling my so-called "friend" the day after I was fired, I come to find that the brownies we ate were tainted with marijuana! I really thought nothing of it when we got home and was very confident in taking the urine test as I had no idea this had happened.

I was in utter and complete SHOCK to find that I have been fired after 20+ years of impeccable and loyal service to the hospital in which I work (I'm a critical care nurse)! Needles to say, this new "corporation" that just took over our hospital will not allow a retest even after given these facts/circumstances to them. Human Resources and Employee Health Service employees have been trying to fight for me to no avail due to the "zero tolerance" rules implemented (they use to retest prior to the new corporation). I guess our hands are tied now and I am consulting with a lawyer! I'VE BEEN UNKNOWINGLY VIOLATED!!! What do I do now? The State Board of Nursing should be contacting me this coming week and I WILL maintain my innocence to them and will FULLY cooperate with anything and everything they say I have to do! I am NOT a druggie like they are trying to portray me and now my reputation with my former coworkers could be in jeapordy! PLEASE help me! At they very least I need to try to convince them to allow a retest so I may redeem myself and get my old job back! Any advice from anyone would be appreciated. Thank you for your time.

 

[nurseypal]

I might add that.....

NM

I also would like to add that the hospital is denying to pay any unemployment benefits to me either given the circumstances of my case.

 

[enjay]

This is hardly a wrongful termination. The company has a zero tolerance policy. You tested positive for drugs. You were fired. It's unfortunate that things unfolded as they did, however if you put yourself in the shoes of someone who has to explain in the future why someone with a positive drug test was allowed to care for critically ill patients I think you understand why that policy is in place.

If they made an exception for you, every person in the future who tested positive would claim the tainted brownie defense. They have to stand firm in their policy.

 

[cbg]

As enjay says, you do not have even remotely close to a wrongful termination. If the facts are as you say, it's a shame that it happened to you, but you do not have a legal case of any kind.

BTW, the hospital is not denying your unemployment benefits. The state is. The hospital has no power to grant or deny benefits; all they can do is contest. The state makes the decision based on the facts of the case. In this case, it is a fact that you tested positive for an illegal drug, which is a valid reason for the hospital to contest AND for the state to deny benefits.

 

[nurseypal]

Thank you

Thank you all for your response. I know I probably won't get my job back with that hospital, but luckily my work is in GREAT demand and I won't have any difficulty finding another job.

Thanks again!

 

[nurseypal]

It's unfortunate that things unfolded as they did, however if you put yourself in the shoes of someone who has to explain in the future why someone with a positive drug test was allowed to care for critically ill patients I think you understand why that policy is in place.

Yes, but would you rather have an occasional pot smoking nurse who doesn't show up high to work take care of you or an alcoholic nurse taking care of you who has "had a few" before work take care of you? The point is, I NEVER have gotten high before, and didn't know the brownies had been tainted! Besides, they are more deaths in this country related to alcohol than to marijuana, and that is a FACT! I would think given the extreme shortage of nurses in this country that a company would FIGHT to keep their nurses.....especially under the circumstances such as mine. Oh well.....thanks again for your input. I appreciate it very much!