Fired for suspected drug deal with no proof! Help!!

[lelandw]

Hi, I currently live in Utah. I was let go because there was camera footage of me that appeared to be me doing a drug deal at work. It was me giving my debit card to my roommate to pay rent. I have the text message history saying that she is on her way and what for. It tells when she arrived and matches the camera footage down to the minute. I also have a bank statement that shows the withdrawal and a email with pictures of the vehicle verifying that it is my roommates car. There is also additional camera footage of them bringing me to work in that car in the past and of me driving the car to work. I have no signed drug policy in my employee folder and they didn't drug test me when I offered to take one. I am currently in recovery which the company was aware of. But since they knew that they automatically fired me without talking to me or looking at the proof. I sent a email to them with the proof and explaining the misunderstanding. They have not gotten back to me but then 2 days later fired my brother who was the general manager of the company and one of the people that let me go.

 

[Proserpina]

Hi, I currently live in Utah. I was let go because there was camera footage of me that appeared to be me doing a drug deal at work. It was me giving my debit card to my roommate to pay rent. I have the text message history saying that she is on her way and what for. It tells when she arrived and matches the camera footage down to the minute. I also have a bank statement that shows the withdrawal and a email with pictures of the vehicle verifying that it is my roommates car. There is also additional camera footage of them bringing me to work in that car in the past and of me driving the car to work. I have no signed drug policy in my employee folder and they didn't drug test me when I offered to take one. I am currently in recovery which the company was aware of. But since they knew that they automatically fired me without talking to me or looking at the proof. I sent a email to them with the proof and explaining the misunderstanding. They have not gotten back to me but then 2 days later fired my brother who was the general manager of the company and one of the people that let me go.

They don't need to prove that you were stealing; suspicion is enough.

 

[The Occultist]

Utah is an at-will employment state. They may fire you for any reason or no reason at all (as long as it does not go against the Constitutionally protected classes, such as age, ethnicity, religion, gender. etc). They are also legally allowed to fire you for a reason that turns out to be false, or even a lie on their end. All of that is allowed.

Your only recourse is to file for unemployment. If they did not fire you for what the state considers to be a true/valid reason, you may absolutely be entitled to unemployment benefits. Contact your local DES office (or whatever Utah calls it). Note that none of this will get you your job back.

 

[commentator]

At least filing for unemployment will give this OP a venue to show his "proofs" that this was not what it appeared to be, and he can argue that he was not committing gross misconduct, in other words, conducting a drug deal on the employer's property, and thus was fired without a valid misconduct reason. If he has the monetary eligibility for unemployment and they decide that the employer's evidence isn't compelling, then though of course he can still be legally fired, there's no law against this, but they may approve him for unemployment benefits while he's looking for another job. That's your only recourse when fired.

Incidentally, this story sounds very suspicious when you include the fact that you are currently in drug recovery, and your company probably just didn't care about giving you the benefit of the doubt. Your brother will of course need to file his own unemployment claim and they'll work on whatever reason the employer says he was terminated.

 

[lelandw]

I included that I am in recovery because in Utah I fall under the protection of the ADA and can file discrimination charges. The HR team learned I am in recovery not even a week ago and went looking for a reason to fire and used this. I also found out there information came from a former disgruntled employee.

 

[lelandw]

Oh and nobody thought I was stealing anything. My brother fired the employee that made the accusation against me and that employee threatened to come after everyone in the building and go after the company. With me being the brother of the person that fired him it makes sense he would lie to get me fired to hurt my brother. And a week after they find out I'm in recovery I have no job, sounds like discrimination to me!

 

[Silverplum]

I included that I am in recovery because in Utah I fall under the protection of the ADA and can file discrimination charges. The HR team learned I am in recovery not even a week ago and went looking for a reason to fire and used this. I also found out there information came from a former disgruntled employee.

I did not know that addicts were considered to be "disabled." Do you have a legal citation for that?

Never mind, I found something: http://www.utahbar.org/utah-bar-journal/addicted-employees-dealing-with-porn-drugs-and-booze/

I doubt you qualify, but perhaps you do.

 

[cbg]

Actually, he's right. The ADA does provide protection from discrimination against employees who are or have been in a recovery program.

You are right that CURRENT drug use is not protected.

 

[lelandw]

I am aware that current users do not qualify. But they found out I was in recovery on Wednesday and then fired me on Saturday.

 

[Ladyback1]

I am aware that current users do not qualify. But they found out I was in recovery on Wednesday and then fired me on Saturday.

From the link that Silverplum posted:
The ADA prohibits companies employing more than fifteen people from discriminating against a qualified individual on the basis of that person’s disability. See 42 U.S.C. §§ 12111-12 (2000). An addiction only qualifies as a disability under the ADA if it physically or mentally impairs the employee and limits the employee in a major life activity. In such a case, an employer must make “reasonable accommodations to the known physical or mental limitations” of the individual. Id. § 12112(b)(5).


What major life activity did/does your addiction impair???

When did the incident as described occur?

Dude....I think you have no basis for legal action against the company.

 

[cbg]

lelandw - I was supporting YOU.

SP's link is only part of the story.

http://www.dol.gov/elaws/asp/drugfree/drugs/ada.asp

 

[lelandw]

An addiction affects peoples life in a terrible way. It is not that a disability interfered with my job. It is the fact that they found out I was in recovery and a few days later I get let go. That is where the discrimination comes in play.